ARE THEY SCARED AND WANT TO KNOW WHAT THEIR FATE COULD BE?
Reports emerging from some sections of the media indicate that some of the key post elections violence suspects on Ocampo’s list were reported to have engaged lawyers, for the sole reason they were adversely mentioned before Justice Phillip Waki Commission and a report compiled by Kenya National Commission on Human Rights. These reports are believed to be Ocampo’s springboard on Kenya.
In fact some lawyers revealed that they were preparing for any eventuality to defend their clients. Some even confidently said accusations made against their clients were based on hearsay, bordered on incitement, and do not attain the ‘pass-mark’ for ICC trials. An advocate who we wont name for his job security added that he was aware a senior intelligence officer, a former senior security official, and two senior members of the Cabinet have already asked their lawyers to stockpile legal defenses just in case.
Another lawyer said he was working for a minister and was aware of four Orange Democratic Movement’s ministers and an assistant minister had already recruited lawyers and were in constant consultations on what their fate could be just in case Ocampo narrows down on them. The lawyers said their clients took Ocampo’s statement that he will make Kenya an example to the world on impunity seriously. The lawyers were also scrutinizing the meaning of Ocampo’s insistence on the words ‘those with higher responsibility’ and ‘impunity’ to possibly imply the key suspects could have been holders of offices of influence to mean those who possibly were in an office whose where there action or inaction led to loss of lives.
Ocampo, who will meet Kibaki and Raila to put in place modalities for prosecution, is conducting preliminary investigations. “These are prominent people who were named in the Kenya Human Rights Report and who feel their names might be in the Waki envelope,” said a lawyer familiar with what is happening behind mask of the bravado some of the ministers have displayed.
Kenya is among five countries currently under preliminary examination. Other ‘cases’ under examination by his office include Guinea, Afghanistan, Colombia, Co’te d’Ivoire, Georgia and Palestine. Preliminary investigation means the ICC has not decided whether the Kenyan situation falls under their jurisdiction. As I always say let us wait and see as something new keeps emerging everyday concerning Ocampo’s visit…Impunity must come to an end and the suspects will surely be an example to the world.