Kenya’s Shuttle Diplomacy goes beyond Africa

President Kibaki is today meeting 16 Kenyan envoys stationed in United Nations Security Councilwooing tricksmember-states over the country’s bid to get cases at the International Criminal Court deferred.

The session comes after Kenya formally wrote to the Security Council asking for deferral of The Hague trials facing six Kenyans over crimes committed during 2008 post-election violence. The letter requesting delaying of the cases facing the six was written by Kenya’s Permanent Mission to the UN, based in New York.

President Kibaki

The envoys were summoned to Nairobi through a letter written by acting Foreign Affairs Permanent Secretary Mr Patrick Wamoto.

“As part of our engagement with our friends and partners regarding Kenya’s engagement with the International Criminal Court, it has been decided that you travel home for consultations. These consultations will entail a meeting with H.E. The President to ensure you receive proper instructions on the matter,” said Wamoto in the letter to the diplomats.

“You are, therefore, requested to arrange to be in Nairobi by the morning of 14th February 2011 for a possible meeting with H.E. the President on 15th February 2011. Prior to that, we will arrange a comprehensive briefing on the ICC and other pertinent issues,” he added.

The envoys attended a consultative meeting yesterday at Hotel Intercontinental where they were taken through the ICC process.

It is expected they will be briefed on how to lobby the leaders where they work to back Kenya’s request.

Final touches were being put on plans for Kibaki’s meeting with the envoys as Prime Minister Raila Odinga dismissed the diplomatic efforts being waged by the government as futile.

The PM said the attempts to defer the cases were doomed to fail.

“The rule law should be respected, those hopping from one country to another seeking support for the deferral are perpetrators of impunity,” he said in reference to Vice President Kalonzo Musyoka’s shuttle diplomacy.

Kenya’s efforts to influence UN Security Council come after it successfully lobbied African countries to rally behind its position under the umbrella of the African Union.

It is, however, clear that the US could prove a difficult case for Kenya. A diplomat who is privy to the efforts to convince UN Security Council members revealed that the US State Department would not support Kenya’s bid. “The State Department has been very categorical they will not support Kenya’s bid… US will even ensure Kenya’s request is not tabled before the Security Council when that time comes,” a diplomat told The Standard.

The US is among the permanent members of the council together with China, France, Russia and the United Kingdom. China, France and Russia have already given indications they might support Kenya’s bid for deferral.

The non-permanent members are Bosnia and Herzegovina, Germany, Portugal, Brazil, India, South Africa, Colombia, Lebanon, Gabon and Nigeria. Decisions of the Security Council are made by an affirmative vote of nine members, including the votes of the five permanent members. If a permanent member casts a negative vote, the draft resolution being voted on is not passed.

Credible systems

And yesterday, speaking on the sidelines of the envoys’ meeting, Kenya’s Ambassador to the US Mr Elkanah Odembo said whatever the Government does, it must also remember that the problem facing Kenya must be dealt with locally, not at The Hague or New York. “We must have a credible tribunal that will see us beyond the Ocampo Six. That will be the best case to argue before the ICC and the Security Council… it’s really futile for us to go around lobbying. Let us have credible systems that will end the culture of impunity,” said Odembo.

The PM who was speaking during the 27th commemoration of Wagalla Massacre in Wajir town asked: “Why should you defer a case for a local tribunal yet even if formed you won’t take action?” He added: “With 2012 coming, those perpetrators would be at it again so they should face the law.”

Imenti Central MP Gitobu Imanyara who accompanied Raila also said he might abandon a Bill he had introduced in Parliament seeking formation of a local tribunal. He argued those seeking the deferral of ICC case were not representative of Kenya.

“Those behind the post-election violence should now go to The Hague and let us not be vague,” he said.

By Ben Agina and Boniface Ongeri

©standardmedia

Prudence: Marende calms the storm

MPs say move opens window for more talks ODM wants plum State jobs advertised House Speaker Kenneth Marende referred the ruling on Kibaki nominations to two House Committees Showdown as Raila, Kibaki ‘put record straight’ Face-off: House clash over Kibaki list of nominees Executive must respect spirit of new Constitution By Martin Mutua Speaker Kenneth Marende tactfully avoided being sucked into standoff between the President and the Prime Minister by giving them a ten-day window to resolve their disagreement and referring the dispute to two House committees. One member decribed it as a ‘Solomonic judgement’ while others praised him for the manner he disarmed both sides to the dispute and brought in a different group to delve into the crisis, which has driven the Grand Coalition into a spin. The Speaker who bore the burden of ruling if the four nominations Mr Raila Odinga accuses President Kibaki of making without regard to exhaustive consultations were within constitutional threshold, passed over the task of verifying the truth of the claims by both sides to the Justice and Finance committees. Underpinning his ruling to the post-election experience that was pacified with Kibaki-Raila power-sharing deal, Marende warned Kenya’s leadership: “It will be a pity and a severe indictment of our collective leadership if in time to come, history shall record of our country in general and of our leadership in particular that we learnt nothing from history.” While excusing himself, on the grounds of law and House Standing Orders, from giving the ruling sought in the controversial nominations, he referred it to the Justice and Finance House Committees. “If I were a judge sitting on the Bench in a court of law, I would rule that the matter proceed to hearing and that the objections raised be heard and determined at that stage,” he said. Withhold any determination The backbone of his ruling lay in three crucial paragraphs in the 29-page statement on a matter raised by Central Imenti MP, Gitobu Imanyara: “I accordingly withhold any determination or comment on the veracity and weight to be accorded to the letter received from Prime Minister.” Kibaki (right) and Prime Minister Raila Odinga (left) may now have to go back to the drawing board. [PHOTO: File/STANDARD] “I accordingly decline to make a determination as to whether or not the nominations transmitted to my office by the Office of His Excellency, the President, were or were not constitutionally arrived at nor whether there was or was not consultation within the meaning of the Constitution.” “I further direct the two letters (Kibaki’s and Raila’s) be forwarded to the departmental committees on Justice and Finance … for disposal as provided for in the Standing Orders and the Law.” There was a sigh of relief in both sides of the House, both of which had been bracing for battle of numbers, as the ruling fell short of annulling or upholding the Kibaki appointments. The two committees, Justice headed by Mr Budalang’i MP, Ababu Namwamba, and Finance by Nambale MP, Chris Okemo, has up to next Thursday to make the report. Will be scrutinised Three of the nominations — Chief Justice (Alnashir Visram), Attorney General (Githu Muigai) and Director of Public Prosecutions (Kioko Kilukumi) fall under Namwamba’s docket while that of the Comptroller of Budget (William Kirwa) will be scrutinised by the Okemo committee. Many had expected Marende would say he finds the nominations irregular or at least to reject some while allowing others to be tabled for debate. But few anticipated his ruling yesterday, and that Kenyans would have to wait longer to know the fate of the nominees. He ruled on a day the High Court found the nominations unconstitutional. Justice Daniel Musinga yesterday said it would be unconstitutional for any State officer or organ of the State to carry on with the process of the approval and eventual appointment to the four offices based on the nominations made by Kibaki on January 28. With the declaration, he effectively put the process on hold until the hearing of the petition or further orders of the court. Marende, however, sidestepped the court decision, saying Parliament would make its own determination when the committees table their reports. House Speaker Kenneth Marende on Thursday withheld ruling and referred President Kibaki’s judicial nominations to two House Committees. After saving the two principals the agony of having Parliament judge them, the Speaker made it clear they still have opportunity to reach an agreement. “Needless to say, the window remains open, and it is to be hoped, that developments may occur that make this important nomination process uncontested on the basis either of constitutionality or otherwise and thereby render such guidance and directions unnecessary,” he said. The Speaker said the request by Imanyara for a ruling on the constitutionality of the Kibaki nominations was premature because by the time he asked for the ruling the names were not properly before the House. Intercepted correspondence “I have not been able to find any precedents of this House in which the Speaker intercepted correspondence addressed to the House and unilaterally made a determination as to its legality or validity, and returned it to the nominating authority,” he said. Last Friday the President, through Head of the Civil Service, Francis Muthaura, sent the list of the nominees to Marende. Raila later wrote to renounce the process. The PM challenged the nominations prompting Imanyara to request for the Speaker’s ruling. Marende reflected on the state of the country in 2008 as it burned because of disputed presidential election saying: “We were on the brink of the precipice because a dispute relating to an election was not referred to the Judiciary because of a lack of faith in the Judiciary. It is this very Judiciary whose head is now sought to be appointed by a process, entrenched by the New Constitution resoundingly enacted by the people of Kenya for themselves.” He warned few countries have had the opportunity for a second chance like Kenya and events happening around the world that could have been easily avoided or acted upon while there was an opportunity can rapidly deteriorate and become unmanageable. Several MPs shouted back ‘Egypt! Tunisia!’ at this point.

Jakaya Mrisho kikwete

Jakaya Mrisho Kikwete (born October 7, 1950) is the 4th and current President of the United Republic of Tanzania. Kikwete was born in Msoga, Bagamoyo District, Tanganyika in present day Tanzania. Kikwete was also the Chairperson of the African Union from 31 January 2008 to 2 February 2009.
Leadership and political career

George

W. Bush welcomes Jakaya Kikwete in New York City.
Graduating with a degree in economics in 1975, he opted for a low-paying job as an executive functionary/officer of the ruling Party (TANU later CCM). This gave him the opportunity to work at the grassroots in rural regions and districts of Tanzania.
Kikwete sharpened his leadership acumen in the military. He first had basic military training at Ruvu National Service Camp (1972) and later underwent a basic officers course at the famous Tanzania Military Academy at Monduli, Arusha. This is Tanzania’s top military training institution. On successful completion of the course, he was commissioned as a lieutenant in 1976. He also undertook Company Commander’s Course in 1983 at the same academy. In his military career, he rose to the rank of Lieutenant-Colonel. From 1984 to 1986, Kikwete was Chief Political Instructor and Political Commissar at the Military Academy. He retired from the military as a lieutenant-colonel when political pluralism was reintroduced to Tanzania in 1992 when he chose to become a full time politician. Prior to that, he was permitted to be both in the military and political leadership.
In elective Party politics, Kikwete started shining in 1982 when he was overwhelmingly elected by the party (CCM) national congress to be a Member of the National Executive Committee. This is the highest policy and decision-making body of the party. He has won re-elections to the body every five years since then. Also, in 1997, he was elected a member of the party’s powerful 31-member Central Committee (CC). He is still a member of the Central Committee since he was reelected in 2002 for another term of 5 years.
As a party cadre, Kikwete moved from one position to another in the party ranks and from one location to another in the service of the party. When TANU and the Zanzibar’s Afro-Shirazi Party (ASP) merged to form CCM in 1977, Kikwete was moved toZanzibar and assigned the task of setting-up the new party’s organisation and administration in the Islands. In 1980, he was moved to the Party’s Headquarters as Administrator of the Dar es Salaam Head Office and Head of the Defence and Security Department before moving again up-country – to regional and district party offices in Tabora Region (1981-84) and Nachingwea (1986-88) and Masasi District (1988) in the country’s southern regions of Lindi and Mtw

ara respectively. President Kikwete throve in the military and grassroots party political organisation, mobilisation and administration until 1988 when he was appointed to join the Central Government. The then President Ally Hassan Mwinyi appointed him Member of Parliament and, simultaneously, Deputy Minister for Energy and Minerals on November 7, 1988. In 1990 he was promoted to full Minister responsible for the Ministry of Water, Energy and Minera

ls. Later the same year he successfully contested for a parliamentary seat in his home constituency of Bagamoyo. He was reappointed Minister for Water, Energy and Minerals in the government formed after the elections.
In 1994, at 44, he became one of the youngest Finance Ministers in the history of Tanzania. At the Treasury, he established discipline in public finance management and accountability and, until today, he is still remembered for establishing cash budget system and revamping of revenue collection structures, methods and institutions, including preparations for the formation and eventual establishment of the Tanzania Revenue Authority.
In December 1995, he became Minister of Foreign Affairs and International Cooperation, being appointed by President Benjamin William Mkapaa of the third phase government. He held this post for ten years, until he was elected President of the United Republic of Tanzania in December 2005, hence becoming the country’s longest serving foreign minister. During his tenure in the Ministry of Foreign Affairs, Tanzania played a significant role in bringing about peace in the Great Lakes region, particularly in Burundi and the Democratic Republic of Congo (DRC). Kikwete was also deeply involved in the process of rebuilding regional integration in East Africa. Specifically, several times, he was involved in a delicate process of establishing a Customs Union between the three countries of the East African Community (Kenya, Uganda and Tanzania), where, for quite some time, he was a Chairman of East Africa Community’s Council of Ministers. Introducing candidate Kikwete at a campaign rally in Dar es Salaam on 21 August 2005, former President Mkapa described him as a super-diplomat, in recognition of his role in the search for peace in neighboring Burundi and the Democratic Republic of Congo. Kikwete also participated in the initiation, and became a Co-Chair, of the Helsinki Process on Globalisation and Democracy. On May 4, 2005, Kikwete emerged victorious among 11 CCM members who had sought the p

arty’s nomination for Presidential candidacy in the general election. After a 14 December 2005 multiparty general election, he was declared a winner by the Electoral Commission on December 17, 2005 and was sworn-in as the Fourth President of the United Republic of Tanzania on 21 December 2005.
President Kikwete’s governing philosophy and political views are influenced by those of Mwalimu Julius Nyerere whom the President was privileged to be close to. So far Kikwete’s government has received accolades across the country and in the donor community for fighting corruption, investing in people, particularly in education, and push for new investments.
Although in the past two years of Kikwete’s presidency, a remarkable 1,500 new secondary schools have been built and a new 40,000-student science university has started being built in Dodoma, central Tanzania, the quality of these new schools are very poor, (no teachers, no desks etc), and there is still a lot that needs to be done. But these successes have led the United States government to grant Tanzania US $698 million under the Millennium Challenge Account assistance program, the UK government US $500 million for education, and the New York based Africa-America Institute(AAI) to award Tanzania the Africa National Achievement Award in September 2007 in New York.
President Kikwete launched a national campaign for voluntary HIV/AIDS testing in Dar es Salaam. He and his wife Mama Salma Kikwete were the first to be tested.
He was elected as Chairman of the African Union on January 31, 2008 at an AU summit in Addis Ababa. His first notable success as AU Chairman was to help bring a two month political crisis in Kenya to an end by brokering a power-sharing deal between Mwai Kibaki and Raila Odinga. He was also one of the first to criticise Robert Mugabe’s regime at the most recent summit.

Honours
Honour Awarded by Date of Award Reason for Award
• Honorary doctorate degree in Law Rev. Dennis Dease, University of St. Thomas (Minnesota)
September 2006 inrecognition of his dedicated public service[3]

• Honorary degree (Doctor of Humane Letters)

Dr Harris Mule, Kenyatta University
December 2008 in recognition of his efforts in solving conflicts and ensuring peace in Africa[4]

• Honorary doctorate in the science field of International Relations Prof Şerif Ali Tekalan

, Fatih University
February 2010 for promoting international relations between Turkey and Tanzania[5]

• Honorary doctorate degree of Public Health Muhimbili University of Health and Allied Sciences
11 December 2010 for his efforts in modernizing the health sector and ensuring higher learning opportunities for health workers[6]

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Ethnicity?, Ethnocentrism?

a certain man was fond of making funny jokes about kenya’s diversoty of tribes. one day he could be heard talking of “our innershore” brothers, the next day our valley brothers, sometimes men and qwomen from plateuas, highlands, lakeside, coastal and even arid people.
one statistical fact about the funnyman’s jokes, was his bias. he found amusemwent in the dirty things only. you could hear him talking about lou’s love for sex and burial cremonies, masaai’s love for blood and meat, kalenjin craving for war, meru’s temper, luyha’s fondness for ugali, chicken and sex, kikuyu’s extraordinary greed for material things and so on. though he had built a career out this , his humour attracted mixed feelings from the subjects.
the royals and extrimists hated him and his comics while the moderates loved him on equal measures.

on one unforgettable occasion he was summoned by the village elder for a number of reasons. the chief wanted to establish his bio data and also insisted he should apologize to the local community. the local people made a mistake to give his ‘light notes’ the seriousness they never deserved. he had claimed/or rather accused of claiming that women from the community of small men were so fond of maasai men athletic figures. this could have been forgiven had he not predicted a pre-death of the community as smaller men had also found refuge in their women. Nelson recalled wepkhulu’s jokes the other day after a chat with kamwaro and his sister juliet.their discussion………..

to be continued tommorow

Luis Moreno-Ocampo

Luis Moreno-Ocampo
Born	1952 Buenos Aires
Nationality	Argentine
Title	International Criminal Court Prosecutor
Term	2003-present

Luis Moreno-Ocampo (born 4 June 1952)^{[citation needed]} is an Argentine lawyer who has been the Prosecutor of the International Criminal Court (ICC) since 16 June 2003. He previously worked as a prosecutor in Argentina, famously combating corruption and prosecuting human rights abuses by senior military officials. He has also lectured in criminal law and practiced law privately.

Career in Argentina

Moreno-Ocampo graduated from the University of Buenos Aires Law School in 1978, and from 1980 to 1984 he worked as a law clerk in the office of the Solicitor General.

From 1984 to 1992, Moreno-Ocampo worked as a prosecutor in Argentina.^[2] He first came to public attention in 1985, as Assistant Prosecutor in the “Trial of the Juntas“—the first time since the Nuremberg Trials that senior military commanders were prosecuted for mass killings.^[2][3] Nine senior commanders, including three former heads of state, were prosecuted and five of them were convicted.^[2] He served as District Attorney for the Federal Circuit of the City of Buenos Aires from 1987 to 1992, during which time he prosecuted the military commanders responsible for the Falklands War, the leaders of two military rebellions, and dozens of high-profile corruption cases.In 1987, he helped United States prosecutors extradite General Guillermo Suárez Mason to Argentina.

He resigned as a prosecutor in 1992 and established a private law firm, Moreno-Ocampo & Wortman Jofre. He defended several controversial figures, including Diego Maradona, former economics minister Domingo Cavallo, and a priest accused of sexually abusing minors.He represented the victims in extradition proceedings against Nazi war criminal Erich Priebke, and also in the trial of the murderer of Chilean General Carlos Prats.

During this time, he was also an Associate Professor of criminal law at the University of Buenos Aires and a visiting professor at Stanford University and Harvard Law School.^[1] He has acted as a consultant to the World Bank, the Inter-American Development Bank and the United Nations.^[1] He is a former member of the advisory board of Transparency International and a former president of its Latin America and Caribbean office.

During the late 1990s, he starred in a reality television programme, Fórum, la corte del pueblo, in which he arbitrated private disputes.

The International Criminal Court

The International Criminal Court’s headquarters in The Hague

On 21 April 2003, Moreno-Ocampo was elected unopposed as the first Prosecutor of the new International Criminal Court.^[2][3] He was sworn in for a nine-year term on 16 June 2003. As of February 2009, he has opened investigations into four situations: Northern Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur.^[6] The court has issued public arrest warrants for fourteen people; seven of them remain free, two have died, and five are in custody.

Moreno-Ocampo also led an investigation against leaders of the Lord’s Resistance Army, who in 2005 faced arrest warrants by the ICC for crimes against humanity. In October 2006 a media spokesman in the prosecutor’s office filed an internal complaint accusing Moreno-Ocampo of sexual misconduct.A panel of three ICC judges investigated the complaint and found that it was “manifestly unfoundedbut Moreno-Ocampo generated a controversy when he summarily dismissed the staff member who made the complaint. The Administrative Tribunal of the International Labour Organization subsequently awarded the employee almost £120,000 in damages, ruling that Moreno-Ocampo had breached due process and seriously infringed the employee’s rights.The ILO held that the original complaint against Moreno-Ocampo had been made in good faith, and that Moreno-Ocampo should not have participated in the decision to fire the employee as he had a personal interest in the matter.^[

Moreno-Ocampo directed an investigation against Germain Katanga and Matthieu Ngudjolo Chui,^[10] who received arrest warrants in 2007 and 2008 respectively for crimes against humanity in the Democratic Republic of Congo.^[11] In March 2008, according to an Argentine online news report, Moreno-Ocampo explained the FARC, the largest guerrilla group in Colombia, was plausible for an investigation by the International Criminal Court.Moreno-Ocampo began implementing preliminary tests in Colombia, which involved evaluating prosecutions of paramilitary commanders in Colombia, interviews with victims of the FARC, among others.Moreno-Ocampo explained the FARC could be investigated for crimes against humanity. He paid a visit to Colombia in August, after which the ICC launched an investigation on the “support network for FARC rebels outside Colombia.”

The ICC’s first trial, of Congolese militia leader Thomas Lubanga, was suspended on 13 June 2008 when the court ruled that the Prosecutor’s refusal to disclose potentially exculpatory material had breached Lubanga’s right to a fair trial.^[13] The Prosecutor had obtained the evidence from the United Nations and other sources on the condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, “the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial”.On 2 July 2008, the court ordered Lubanga’s release, on the grounds that “a fair trial of the accused is impossible, and the entire justification for his detention has been removed”but an Appeal Chamber agreed to keep him in custody while the Prosecutor appealed By 18 November 2008, Moreno-Ocampo had agreed to make all the confidential information available to the court, so the Trial Chamber reversed its decision and ordered that the trial could go ahead but Moreno-Ocampo was widely criticised for his actions.

He was also criticised for his decision in July 2008 to publicly charge Omar al-Bashir, the President of Sudan, with genocide, war crimes and crimes against humanity. Antonio Cassese,^[22] Rony Brauman^[23] and Alex de Waal^[24] argued that there was insufficient evidence to charge al-Bashir with genocide. Cassese, a former President of the International Criminal Tribunal for the former Yugoslavia, had chaired the United Nations Commission of Inquiry on Darfur, which concluded in 2005 that the government of Sudan had not pursued a policy of genocide in Darfur. De Waal argued that “for nineteen years, President Bashir has sat on top of a government that has been responsible for incalculable crimes [...] Two weeks ago, Moreno Ocampo succeeded in accusing Bashir of the crime for which he is not guilty. That is a remarkable feat.”Cassese also argued that if Moreno-Ocampo were serious about prosecuting al-Bashir, he should have issued a sealed request and asked the judges to issue a sealed arrest warrant, to be made public only once al-Bashir traveled abroad, instead of publicly requesting the warrant, allowing al-Bashir to avoid arrest simply by remaining in Sudan.^[ In November 2008, Moreno-Ocampo requested arrest warrants for rebels responsible for the murder of members from an international peacekeeping force in Darfur.

Leaders from three Darfur tribes, said to be the victims of war crimes, sued Ocampo for libel, defamation and igniting hatred and tribalism

On Wednesday, 15 December 2010, the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo held a press conference at 12:00 (The Hague local time, 14:00 Nairobi local time) to announce the six prime suspects in the Kenya post election violence of 2007. He named suspended minister of Higher education William Ruto, Minister for Industrialisation Henry Kosgey,Deputy Prime Minister Uhuru Kenyatta, Former police chief Maj Gen Ali Hussein, head of public service Francis Muthaura and journalist Joshua Arap Sang.

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Ocampo Mention Peace haters!!!!!!!!!!!!!

Louis Moreno Ocampo The names of suspected masterminds of Kenya’s post election violence have finally been revealed.

The six include senior politicians in the Party of National Unity (PNU) and the Orange Democratic Movement (ODM), the main parties that battled it out for the presidency in the disputed 2007 elections.

International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo said Wednesday that the prominent leaders bore “the greatest responsibility” for the violence that left 1,133 people dead and 650,000 displaced.

Finance minister Uhuru Kenyatta, his Industrialisation counterpart Henry Kosgey, Eldoret North MP William Ruto, the head of the civil service Francis Muthaura, former Police Commissioner Hussein Ali and journalist Joshua arap Sang will now receive summons to appear before The Hague- based court.

Mr Moreno-Ocampo was addressing a news conference after presenting before the ICC judges two cases, each involving three individuals.

“The post election period of 2007-2008 was one of the most violent periods of the nation’s history,” said the Prosecutor.

“These were not just crimes against innocent Kenyans,” he said.

“They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

Mr Moreno Ocampo said he considered Mr Ruto, Mr Kosgey and Mr arap Sang as the “principal planners and organisers of crimes against PNU supporters”.

He said Mr Muthaura used his position as the chairman of the National Security Advisory Committee to “authorise the police to use excessive force against ODM supporters and to facilitate attacks against ODM supporters”. Major General Ali also faces the same charges.

Mr Kenyatta is accused of mobilising the outlawed sect Mungiki to attack ODM supporters.

Mr Sang used “his radio program to collect supporters and provide signals to members of the plan on when and where to attack,” said the Prosecutor.

He said that “perpetrators” cultivated by Mr Ruto, Mr Kosgey and Mr Sang began to execute their plan by attacking PNU supporters immediately after the results were announced.

“On 30-31 December 2007, they began attacks in target locations including Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town. They approached each location from all directions, burning down PNU supporters’ homes and businesses, killing civilians, and systematically driving them from their homes.

“On 1 January 2008, the church located on the Kiambaa farm cooperative was attacked and burned with more than hundred people inside. At least 17 people died. The brunt of the attacks continued into the first week of January 2008.”

Mr Moreno-Ocampo accused government officials: Mr Kenyatta, Mr Muthaura and Major General Ali of planning and executing well coordinated retaliatory attacks.

“On or about 3 January 2008, KENYATTA, as the focal point between the PNU and the criminal organization the Mungiki, facilitated a meeting with MUTHAURA, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM.

“Thereafter, MUTHAURA, in his capacity as Chairman of the National Security Advisory Committee (“NSAC”), telephoned ALI, his subordinate as head of the Kenya Police, and instructed ALI not to interfere with the movement of pro-PNU youth, including the Mungiki.

“KENYATTA additionally instructed the Mungiki leaders to attend a second meeting on the same day to finalise logistical and financial arrangements for the retaliatory attacks,” he said.

The ICC prosecutor said he had no evidence linking President Kibaki or Mr Odinga to the violence.

“”We follow the evidence where it takes us. We are not taking into account political responsibilities … there are political debates, but it is not my responsibility,” Moreno-Ocampo said.

On Tuesday, Mr Moreno-Ocampo issued nine tough conditions that will guarantee freedom to the six.

He warned that he will seek arrest warrants from the Pre-Trial Chamber if the conditions, which range from the suspects frequently informing the ICC judges of their movements to an assurance of not interfering with the witnesses, were flouted.

But three of the six suspects immediately protested their innocence led by Mr Kenyatta.

“My record is clear and it remains very clear that I have never committed any crime,” Mr Kenyatta told reporters at a press conference.

“The ICC prosecutor has done his work, we wait for the outcome of the judges,” he said.

“I now find myself to be a suspect, I am ready to respond to any allegations made against me.”

Mr Ruto also countered Mr Moreno-Ocampo’s accusations saying he was not surprised to be named.

“The issues I have raised have now come to pass. It did not come as a surprise to me,” Mr Ruto said at a press conference at Parliament Buildings.

“All along I knew that there was a deliberate scheme, hatched and executed by people who were not interested in justice,” he said..

Flanked by scores of MPs, Mr Ruto said he was ready to face Mr Ocampo at the Hague.

“I am ready, willing and available to face the prosecutor with his witnesses in court as and when i am required to do so. My conscience is clear, I neither participated, organised or had anything to do with the violence.

“It is just a question of time and the truth will come out and shame the devil,” he said while declining to answer any questions from reporters.

On his part, Mr Muthaura said he had not done anything to warrant criminal prosecution.

“The suggestion that I have done anything to warrant criminal investigation is manifest nonsense. It amounts to an unwarranted slur on my reputation and is both unfair and unjustified,” Mr Muthaura told a hurriedly convened press conference at his Harambee House office.

“To issue summons for a person to appear, the pre-trial Chamber of the ICC needs to be satisfied that there are reasonable grounds to believe that the person for whom the summons is requested committed the crime alleged. No such judicial determination has been made. None,” Mr Muthaura added, flanked by government spokesman Dr Alfred Mutua, President Kibaki’s advisor on the constitution Prof Kivutha Kibwana and a Senior Secretary at the cabinet office, Sam Mwale.

“I wait to see what the judiciary of the ICC make of the Prosecutor’s application. Hopefully they will dismiss his application,” he stated.

“In the event that they do decide to issue summons, I will voluntarily attend The Hague and respect any request the judges of the ICC have for me.”

The documents he gave the court included the names of the six, the crimes they are alleged to have committed and the penalty that he will be asking for.

A three-judge bench will now evaluate the two 80-page bundles of documents and decide whether he can proceed and file the charges he has identified.

Two weeks ago, Mr Moreno-Ocampo had promised to name the suspects during an address to a meeting of the Kenya National Dialogue and Reconciliation, convened by the Panel of Eminent African Personalities chaired by former UN secretary general Kofi Annan at the Crowne Plaza Hotel in Upper Hill, Nairobi.

The prosecutor said the cases had been strengthened by new evidence his team had gathered, in addition to the leads contained in the Waki Commission and Kenya National Commission on Human Rights reports.

“Since last March, when the judges issued an authorisation, my office has been investigating post electoral violence. We collected new evidence, including testimonies, videos and documents. We are not going to discuss our evidence in the media. We will do it in court,” he said.

He said the Waki Commission and the KNCHR reports were key in the investigations into the post election chaos but they only provided the background on which his team based its inquiries.

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Ocampo six named

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OCampo Six:William Ruto

William Kipchirchir Samoei arap Ruto born 21 December 1966 in Kamagut, Uasin Gishu) is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. He had previously served in the Ministry of Agriculture since April 2008. Ruto was elected Director of Elections on 18 March 2002, when the National Development Party led by Raila Odinga merged with the Kenya African National Union (KANU). He was Secretary General of KANU, the former ruling political party, and he has been MP for Eldoret North Constituency since the 1997 Kenyan election a seat he won after trouncing the former M.P. The Late Hon. Rueben Chesire. He became an Assistant Minister in the Office of the President and was appointed Minister in charge of Home Affairs in August 2002 but lost the post after the December 2002 election, in which Kenya African National Union lost to the National Rainbow Coalition coalition. He also previously served as the Chairman of the Parliamentary Select Committee on Constitutional Reform in the 9th Parliament.

Ruto has been implicated in orchestrating the 2007/2008 post election violence in Kenya.On November 3, 2010, Ruto flew to the International Criminal Court at the Hague to discuss an evidence deal with the prosecutor. On 15 December 2010, Ruto was named in a summons by the prosecutor of the International Criminal Court, Luis Moreno-Ocampo, in relation to his role in violence which followed from the 2007 elections

Early life

Ruto was born 21 December 1966 in Kamagut, Uasin Gishu to the late Mzee Daniel Cheruiyot and Mama Sarah Cheruiyot. He attended Kerotet Primary School for his primary school education then joined Wareng Secondary School for his Ordinary Levels education before proceeding to Kapsabet Boys, Nandi for his Advanced Levels. He then went on to receive a BSc and MSc in botany from the University of Nairobi, graduating in 1990.

Political career

Ruto was Organising Secretary of Youth for Kanu ’92 (YK92), a group that was formed to drum up support for President Daniel arap Moi in the 1992 election.

In January 2006, Ruto declared publicly that he would stand for the presidency in the next general election, scheduled for December 2007. His statement was condemned by some of his KANU colleagues, including former president Daniel arap Moi. Ruto sought the nomination of the Orange Democratic Movement (ODM) as its presidential candidate, but in the party’s vote on 1 September 2007, he placed third with 368 votes, behind the winner, Raila Odinga (with 2,656 votes) and Musalia Mudavadi (with 391). Ruto expressed his support for Odinga after the vote. He resigned from his post as KANU secretary general on 6 October 2007.

The presidential election of December 2007 ended in an impasse. The Kenya’s electoral comission declared Kibaki the winner while exit polls had clearly placed Raila Odinga in front. Raila and ODM claimed victory. In a scene that has been replicated all over Africa, Mwai Kibaki was hurriedly sworn in as the president December 2007 presidential election. What followed was mayhem and bloodbath that no one foresaw. Following the violent political crisis over the results, Kibaki and Odinga agreed to form a power-sharing government. In the grand coalition Cabinet named on 13 April 2008 and sworn in on 17 April,Ruto was appointed as Minister for Agriculture.

On 21 April 2010, President Mwai Kibaki and his Prime Minister Raila Odinga removed Ruto from the agriculture ministry, and transferred him to the higher education ministry, swapping posts with Sally Kosgei.

Controversy

William Ruto was on trial charged with defrauding the Kenya Pipeline Company of huge amounts of money through dubious land deals, but he has been out on bond. The Constitutional Court suspended further hearing of the case due to complaints by Ruto that the prosecution was politically engineered. However, the High Court cleared the path for criminal charges against the Higher Education minister over the alleged sale of a piece of land in Ngong’ forest to Kenya Pipeline Company Ltd.

Maize Scandal

In early 2009 after parliamentary debate on a maize scandal, Ruto was accused of illegally selling maize by Ikolomani MP Bonny Khalwale (Public Accounts Committee Chairman). All the documents bearing the National Cereals and Produce Board seal that linked Mr Ruto to the illegal sale of maize were accepted by Parliament’s deputy speaker.^[11]

Managers of the board stated maize was allocated to some individuals allegedly on the strength of a call by Mr Ruto.^[1] Ttables showed that the cereals board had in store 2.6 million bags of maize in June 2008 and had allocated maize to companies and individuals described as undeserving. Mr Ruto had informed the House that the maize in the stores at the time was 1.6 million bags. William Ruto attributed the maize scandal allegations and claims of his involvement in corruption to the work of his “political enemies”.

New Constitution

While Ruto and Odinga are both from the Orange Democratic Movement of the power-sharing government, they disagree on the issue of the proposed constitution draft with Ruto calling for rejection of the draft in the upcoming constitutional referendum, arguing that some of its clauses are unsuitable while Odinga and Kibaki are campaigning in its favour.

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Protected: Raila Odinga

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Why Raila Can make the best Harrambe stars coach

Why Premier Raila Odinga should be Harrambe stars head coach
	It’s around 9.45 pm when arsenal forward scores his today’s brace to sign the dismissal letter of west ham boss unromantic avram grant. As I rise to shout a hurrah for our third and winning goal, my mind perform some brilliant brainstorming to remind me of our fan number one , the right honourable premier and the current mediator of ivory coast peace talks. Every time our good boys go to the pitch, some boyish excitement seizes me trying to imagine how our fun number one react each moment a less neutral action occurs. For instance, Van persie’s first goal, last week’s bar hits and many more. As a result of our nation winning the heart of an economist, the higher education loans board also got the better of its part and our families got poorer. This explains why I couldn’t honour such a match pitying super harrambe stars and minnows super eagles but i had the honour to watch our fan number one from the comfort of my neighbour’s room. Of course minnows Nigeria spoilt our party and our premier’s week and the following events got crazy ideas going in mind. Having been last born in our family, being left handed and a quick brainstormer, I couldn’t help the already threatening seizure of old fantasy of creativity associated with men and women of my lineage. And perhaps for fear of irresponsibleness I could only attribute my claim of being an autonomous thinker to the loads of baseless philosophy “philos-sophia’ pumped to my blessed brain by non other than DR Tom Namwambah ( not Ababu Namwambah please). And for the love of soccer, the sport I’ve never been able to play, am well informed on all matters weighty or light that has been begrudging its success. The same ego that had put me in trouble earlier keeps nudging me in the bloody political arena. This is how my newfound love for PM Raila Odinga comes to be that were it not for my thirst and greed for softer meat I could have settled on more matured aspects of life. And as an information student, I couldn’t resist temptation to know more about my newfound love. In the existing set up of curriculum activities, conclusions make a great deal of any paperwork that is to be presented. And for fear of biased conclusions as I have always felled to temptations, my old and well guarded reservations duly advised me to observe a portfolio balance this time round This is how I come to the conclusion that my new found love could make a copy and paste of Jose mourinho and every other best coach in any sport you could think of, but could give a few pointers on a high school captain. Based on the simple research that I borrowed from my mind……………………… ………   …………to be continued.w

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RAILA ODINGA

Why Premier Raila Odinga should be Harrambe stars head coach