I have never been a fan of ICC Prosecutor Luis Moreno-Ocampo since he started meddling with Kenya. I think Ocampo is one of those prosecutors who plays to the public gallery and just likes picking up things to try save his already dented CV.
Before I give my discourse on why I think he is in fear of losing the Kenyan case, let me tell you why I think Ocampo is like any other politicians.
As his nine-year term comes to an end next year, Ocampo is yet to conclude any of the cases that he had undertaken. He is a prosecutor who first promises the public then acts. Look at the Kenyan case for example.
In the midst of the Kenyan violence, Ocampo had already announced that he is watching Kenya and would move in if nothing is done.
The guy is sharp and knew that he could take advantage of the rotten criminal-justice system to make a kill and may be have something to write home about when he leaves office in 2012.
And the Waki Commission fell into this trap and recommended that if nothing is done in a certain period, the case be sent to the ICC. What Waki and Co did not put in mind was that the one loophole they overlooked would be Ocampo’s main pedestal.
Soon Ocampo was announcing that he was going before the judges and even before investigating, he had already promised that he would go present two cases each involving two to six individual. This was later to reduce to six who we now refer to as the Ocampo Six.
And since he had promised two cases, he had to put this six people into two groups to represent both sides of the political divide. Yet he had publicly declared that ICC deals with individual criminal responsibility and not political responsibility.
The first ever public contradiction that I remember Ocampo making was at Serena when he addressed the media after a three day stay in Kenya less than a month after he was allowed to launch investigations. He said that there were no investigators in Kenya as yet but when I asked him how he had arrived at the cases and how the investigations had been conducted, he casually replied; “there are things called planes”.
So for me Ocampo had launched investigations even before the judges had allowed him to do so. Without knowing the complexity of the cases, Ocampo went ahead to say that he would in mid-December 2010 name the key suspect. And he lived up to the promise.
While everyone appeared blind to these on-goings and Ocampo’s claim of investigations, the dissenting opinion of Judge Kaul sold him out. The judge even said that Ocampo had not done any investigations as he had in his application for summons presented the same material (NGO reports and paper clippings) that he presented when he applied to launch an investigation.
And even the other two had a problem with the evidence presented, if you read the rulings carefully. This was the reason that when he categorised forced circumcision and sexual abuse, the judges said that these are inhumane acts.
Ocampo could not even prove to the judges that the police were involved in the killing of people through shooting and allowed Mungiki to roam freely and commit crimes. He couldn’t even convince judges to allow him to appeal the decision.
And this brings me to my point.
Two days before Uhuru, Muthaura and Ali appear before the court, Ocampo has applied for new conditions including one that I believe infringes on the freedom of speech of the two. Unlike in the past when he has made applications that touch on all the six suspects, Ocampo has this time only focused more on the three.
I believe the reason is that after the judges made his case against the three weaker, Ocampo needs new strategies to fix the three. Just like how he forced Uhuru and Muthaura to abandon their duties in the witness protection and security dockets, he has struck again.
It makes you wonder why it took him three months to realize that the two could interfere with investigations and witnesses.
And that’s why I believe that Ocampo is afraid that his plan may not work after all. He is fearful that three of his six fishes may break the net and have a field day against his team.