The Return of Ocampo...

King's Speech Oops.. the Presidents Speech! Uhuru Kenyatta's Africa Union Speech

President Uhuru Kenyatta's speech delivered in Addis Ababa at the Extra Ordinary Session of the Assemblies of Heads of State and Government of the African Union was a Kantian moment in two instances. First, in terms of his presidency the president came out guns blazing against the West and their ideals of justice. Second, in terms of African Union politics the president has started a discourse that is certainly going to continue in terms of AU engagement with powers outside the continent.

In his speech the president was as blunt as they come and gave a stinging attack to Western Nations.

Some of the snippets from this speech below shows the president has had a change of heart albeit now that he is in power and as such the gloves are now finally off.

First, that world powers were hesitant to a process that might make them accountable for such spectacularly criminal international adventures as the wars in Iraq, Syria, Libya, Afghanistan and other places, and such hideous enterprises as renditions and torture. Such states did not, therefore, consider such warnings as applicable to pacific and friendly parties.

Secondly, it was the understanding of good-faith subscribers that the ICC would administer and secure justice in a fair, impartial and independent manner and, as an international court, bring accountability to situations and perpetrators everywhere in the world. As well, it was hoped that the ICC would set the highest standards of justice and judicial processes.

This speech represents a defining moment in Uhuru Kenyatta's presidency and as such we could start percing events in Kenya in context of the pre AU convention speech and post AU convention speech. What remain is to see if he will appear at the ICC on November 12, 2013 or he will follow the AU resolution that asked him not to show up at the Hague.

Find the Presidents full speech here

Mid-Week Shocker: Arrest Warrant Issued for Walter Barasa on Suspicion on Corruptly Influencing Wittnesses

Walter Barasa  | Courtesy of the People News 

Yesterday [Wednesday October 2, 2013] at around mid-day the news of an arrest warrant against Mr. Walter Barasa began to percolate in the dynamic blogosphere and micro-blogging platforms. This was through the unsealing of the arrest warrant that had been issued to Kenya a while back.

This arrest warrant being the first for Kenya and the first in the history of the court for offences of interfering with witnesses is no doubt a game changer. Immediately, folks close to the establishment read malice and posted this comments on social media;

Two weeks ago, Prosecution: "Mr. President your Honours, in the coming days Co-operation will be "tested"....two weeks later...."warrants of arrests issued".....it is easier to defend a guilty man than an innocent one. The Lubanga case shows that the ICC will stop at nothing; stoop to unimaginable depths while acting against even the Rome Statute, in order to TEST co-operation. - J. Mbiuki - Counsel at the Presidency

Then today came the announcement by the Attorney General Githu Muingai that the arrest warrant would be subjected to the Judicial process which will determine if the state will hand over Mr. Barasa to the ICC. So we are bound for some interesting times ahead.

Listen to the Prosecutor making an announcement that preceded the announcement of issuance of an arrest warrant against Mr. Barasa 

Press Release from ICC 

Press Release: 02.10.2013

Arrest Warrant Unsealed in Kenya situation: Walter Barasa suspected of corruptly influencing witnesses

Situation: The Republic of Kenya
Case: The Prosecutor v. Walter Osapiri Barasa

Today, 2 October 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972. He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute.

Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC. Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.

Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.
The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

Video of  press point by the ICC Prosecutor on the arrest warrant against Walter Barasa

Re-ducted Arrest Warrant against Mr. Barasa  can be found here: Arrest Warrant against Mr. Barasa

D-Day: Deputy President William Ruto and Journalist Joshua Sang at the International Criminal Court

Khan, Sang and DP William Ruto. Photo Courtesy of DPPS

Ruto and Sang Case
Press Conference September 9, 2013 at The Hague


Pre Trial Reads

1. Reporting Kenya. - ICC Prosecutor, Defence Gear Up for Kenya Trial by Simon Jennings. 
2. Daily Maverick. - Analysis: Ruto and Kenyatta are still one step ahead of the ICC by Simon Alison
3. Daily Nation. FULL COVERAGE: Ruto, Sang stand trial at The Hague
4. Financial Times. - ICC under scrutiny as Kenya’s deputy president faces trial by Katrina Manson
5. Washington Post. - International Criminal Court tries Kenya deputy president Ruto for post-election violence by AP
6. RFI. - Phil Clark: "The ICC has a certain political naivete" by Olivier Rogez
7. New York Times. - Justice for Kenyan by Kofi Annan

'One concrete outcome was the Waki commission, a national inquiry into the postelection violence. It concluded that the violence was not just spontaneous, but, in at least some areas, a result of planning and organization, often with the involvement of politicians and businessmen. This was not surprising — politicians hungry for power have long exploited Kenya’s ethnic divisions with impunity.' – Kofi Annan 

Trial Watchers Kenya
The Open Society Foundation funded ICC Kenya Monitor is a good resource to track the Ruto and Sang Case.

The other site to check one's in a while is the africog site

Download OSF briefing paper of the trial here

Observation: Samantha Power at the UN should be a consern to UhuRuto Government

Samantha Power replaced Susan Rice as the next US ambassador to the United Nation. Recently we witnessed the UruRuto Government flexing its muscle by lobbying African government to support their cause through the African Union. This was an expected move from the two considering they currently facing charges at the ICC. however, the appointment and confirmation of Samantha Power should put some brakes into the recently adopted AU position on ICC cases. According the leaning of power and writings then the coming times should be pretty interesting to watch.

But Power's staunch advocacy of U.S. intervention on moral grounds has long appealed to neoconservatives who share her view that the principle of sovereign national borders is not absolute

Recommended reading