ICC case against Uhuru Kenyatta prevented violence in 2013, says Luis Moreno Ocampo

By PETER LEFTIE

 “ICC changed the game,” Ocampo said.
    Last week, Mr Ocampo’s successor, Fatou Bensouda, dropped the charges against Mr Kenyatta.

Luis Moreno Ocampo has claimed the charges against President Uhuru Kenyatta prevented violence during the last General Election.


Speaking on BBC Newsday, the former International Criminal Court (ICC) prosecutor argued that Mr Kenyatta’s indictment for crimes against humanity, which were withdrawn last week, had created a “deterrence”, ensuring that the violence of 2007/08 was not repeated in 2013.

“ICC changed the game,” he said.

The charges against President Kenyatta, Deputy President William Ruto, radio presenter Joshua Sang, former Cabinet minister Henry Kosgey, former Head of Public Service Francis Muthaura and former Commissioner of Police Hussein Ali were taken to the ICC by Mr Ocampo.

However, the cases facing Mr Kosgey, Maj-Gen (Rtd) Ali and Mr Muthaura were dropped at the confirmation-of-charges stage owing to lack of evidence.

And on December 5, Mr Ocampo’s successor, Fatou Bensouda, withdrew the charges against Mr Kenyatta, saying there was lack of evidence as the Kenyan government had refused to hand over documents vital to the case.

'NO ALTERNATIVE'

“Given the state of the evidence in this case, I have no alternative but to withdraw the charges against Mr Kenyatta,” the Gambian lawyer explained.

“I am doing so without prejudice to the possibility of bringing a new case should additional evidence become available.

“This is a painful moment for the men, women and children who have suffered tremendously from the horrors of the post-election violence, and who have waited, patiently, for almost seven years to see justice done.”

Attorney-General Githu Muigai repeatedly denied that the government had failed to cooperate with the ICC prosecutor