ICC process or cases were based on a cooked up process

By Father Dominic Wamugunda

There is a period around the time the ICC was charging several Kenyans, when many of us talked a lot about the matters surrounding this eventuality. The stand I took on this matter is still the one I hold and I do not think it will change for a long time to come.

I have always held the position that the ICC debacle was necessary. Since 1992, a lot of people had been killed and many others displaced during the General Election. These crimes were perpetrated by fellow Kenyans some of who are known and others unknown.

In the period between 1992 and 2007, no Kenyan had ever been prosecuted for these crimes against fellow human beings. My opinion about the ICC has therefore been that if we have failed to prosecute anyone then let someone who can do it. In saying so, I must also add that I am a great believer in the legal position of the presumption of innocence until otherwise proven.

I also must say that I really do not care who is prosecuted in which court. The important thing is that the rule of law be followed where matters of crimes against humanity are in question whether it is my brother that is involved.

What has been emerging about the goings on in The Hague is rather interesting. First there were two separate cases in which three people from two different political outfits are named. One from each side was then dropped and the remaining four confirmed.

Then one key witness withdraws and one of the accused (Ambassador Muthaura) is set free from the charges. Now it is said that an accuser of Mr William Ruto has also withdrawn his testimony, charging that he had been bribed and promised a higher standard of living if he agrees to tell lies. All the hype that Ocampo and his prosecution team created around this case seems to be falling apart.

This state of affairs raises several questions. What kind of investigations were done? Who really carried those investigations? It is true that the secrecy surrounding the witnesses is understandable but who really was involved in that witness processing and protection effort?

Ocampo did come to Kenya once or twice. What really did he come to do? A friend of mine reminded me the other day that during one such visit he is said to have adopted a Cheeter. As busy as he ought to have been, he had time for such leisurely activities.

Whatever one says and no matter how important the ICC process is – and I insist it is – it is now clear in my mind that those cases were based on a cooked up process.

Father Dominic Wamugunda