Six Kenyan Leaders Could Face Charges

[Kamaavi]

NAIROBI, Kenya—The announcement Wednesday that the prosecutor of the International Criminal Court will pursue cases against six Kenyan leaders for their alleged involvement in ballot-related violence two years ago sends an ominous signal to African leaders involved in their own tainted elections.

 

At a press conference at The Hague, Luis Moreno-Ocampo, the court's chief prosecutor, said that he had requested the court to summon six top Kenyan officials that he believed were most responsible for the violence that left an estimated 1,300 people dead. The court will determine whether to charge the men with crimes.

 

Among those named were two figures who are long believed to be at the center of the allegations: Uhuru Kenyatta, son of Kenya's first president and the current finance minister; and powerful opposition figure William Ruto, who served as the minister of higher education until recently when he was suspended over corruption allegations.

 

The prosecutor also named the former police commissioner, Mohammed Hussein Ali; the head of public service, Francis Muthaura, and two opposition figures, Henry Kosgey, the minister of industrialization; and Joshua arap Sang, a radio broadcaster.

 

The prosecutor filed two cases of crimes against humanity, including charges of murder, deportation, torture and rape against the six men. The charges were also politically balanced, implicating three allies of the president, and three from the main opposition party. That balance could help assuage fears of violent reaction to the announcement. Still, police were on high alert in Kenya on Wednesday.

 

The prosecutor's move is likely to reverberate far beyond Kenya. On a continent that's seen several recent disputed elections, the International Criminal Court appears to be targeting those who violently subvert the democratic process.

 

"These were not just crimes against innocent Kenyans," said Mr. Moreno-Ocampo in a statement Wednesday. "They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice."

 

In 2008, for example, Zimbabwe President Robert Mugabe refused to relinquish power after a widely-disputed election. His main challenger, Prime Minister Morgan Tsvangirai, dropped out of presidential run-off because of attacks on his supporters. The two now form a fragile "unity" government.

 

In the Ivory Coast, incumbent President Laurent Gbagbo claims he won a Nov. 28 election, even though most of the world recognizes his rival, Alassane Ouattara, as the victor. Today, the West African nation is saddled with two self-proclaimed presidents and threatened again with civil war.

 

In Kenya, the ICC ruling has been welcomed by many who have become frustrated with political corruption and perceived lack of accountability in east Africa's biggest economy. Since the political turmoil here in late 2007 and 2008, no major political figure has been investigated, indicted or put on trial despite an extensive report by an independent commission that drew up a list of people who it believed should be investigated. The list wasn't released publicly.

 

Mr. Moreno-Ocampo's petition to the court sets in motion what will likely be a lengthy legal process. The court will now review the prosecutor's evidence and determine whether to issue arrest warrants, or request that they appear in the court on their own. Only after this process will the court decide whether to bring the cases to trial.

 

Those accused have all denied involvement in organizing the violence. Mr. Kosegey and Mr. arap Sang couldn't immediately be reached on Wednesday. Mr. Ali and Mr. Ruto didn't respond to calls to their cellphones. Mr. Ruto, however, has said that he expected his innocence would be proven in court. Mr. Muthaura, in a brief statement Wednesday, said that the investigation into his involvement in the violence was "manifest nonsense."

 

"It amounts to an unwarranted slur on my reputation and is both unfair and unjustified," he said.

 

Mr. Kenyatta, who also held a press briefing after the announcement, also denied the allegations. "We will await the decision of the judges," he said, adding that he hoped the process would be "free and fair."

 

President Mwai Kibaki and Prime Minister Raila Odinga have both agreed to work with the court. The prosecutor hasn't summoned either of the two political rivals.

 

The ICC prosecutor said that Mr. Ruto, Mr. Kosgey and Mr. arap Sang were some of the principal planners and organizers of crimes against supporters of President Mwai Kibaki. At the press conference, Mr. Moreno-Ocampo said that the men had planned the attacks at least one year before the December 2007 election. The three men established a network to arm and organize attackers. Mr. arap Sang used his radio broadcasts to pass on coded messages about the attacks, the prosecutor said.

 

Mr. Ali, the former police commissioner, allegedly authorized the use of excessive force against opposition protesters, a reaction that was also backed by Francis Muthaura, the head of public service, the prosecutor said. Mr. Kenyatta is alleged to have organized a violent retaliation for the deaths of government supporters by dispatching the feared Mungiki gang to attack opposition supporters.

 

"According to our evidence these people are the most responsible" for the violence, said Mr. Moreno-Ocampo.

 

The government initially had agreed to establish an independent tribunal to try the figures most responsible, whose names haven't been made public. When the administration failed to do so, the list was forwarded to The Hague.

 

Kenya has been tense ever since. A peace deal brokered by Kofi Annan, the U.N. secretary general and others, including pressure from U.S. officials, ended the violence and crafted a power-sharing government.

 

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