How Ocampo Six became three

Francis Muthaura (Centre), was among the original Ocampo Six. The number of Kenyans to face trial at the International Criminal Court in The Hague has significantly reduced from the original Ocampo Six to the current Bensouda Three. PHOTO|FILE.

What you need to know:

  • Mr Ocampo applied for two cases before the ICC on the post-election violence and included Mr Ruto, Mr Kosgey and Mr Sang in the first case accusing the trio of crimes against humanity, including murder, forcible transfer of population and persecution.
  • The six Kenyans obeyed the summons during which they officially identified themselves to the court and were given the conditions that they were required to abide by.
  • Following a series of witness withdrawals from the cases, Ms Bensouda who succeeded Mr Ocampo as the ICC Chief Prosecutor upon the Argentine’s retirement, withdrew the case facing Mr Muthaura saying she lacked enough evidence to back the prosecution case.

The number of Kenyans to face trial at the International Criminal Court in The Hague has significantly reduced from the original Ocampo Six to the current Bensouda Three.

On December 15, 2010, former prosecutor of the International Criminal Court Luis Moreno Ocampo named six Kenyans suspected to have masterminded the 2007/2008 post-election violence that left 1,133 people dead.

Among those named were President Kenyatta, his deputy William Ruto, former head of the civil service Francis Muthaura, former police commissioner Hussein Ali, former Tinderet MP Henry Kosgey and Mr Joshua Sang.

Mr Ocampo applied for two cases before the ICC on the post-election violence and included Mr Ruto, Mr Kosgey and Mr Sang in the first case accusing the trio of crimes against humanity, including murder, forcible transfer of population and persecution.

In the second case, Mr Muthaura, Mr Kenyatta and Major Gen. (Rtd) Ali were all accused of crimes against humanity, including murder, forcible transfer of population, rape and persecution.

On March 8, 2011, The ICC’s Pre-Trial Chamber II endorsed the prosecutor’s case against the Ocampo Six and subsequently summoned them to appear before the court the following month.

The six Kenyans obeyed the summons during which they officially identified themselves to the court and were given the conditions that they were required to abide by.

In September the same year, the then suspects travelled back to The Hague to defend themselves against the accusations before the ICC’s Pre-Trial Chamber II before judges Ekaterina Trendafilova, Cuno Tarfusser and Hans-Peter Kaul.

On January 23 last year, the suspects anxiously waited for the decision of the Pre-Trial Chamber whether to commit them to a full trial.

Ocampo retirement
Judge Ekaterina Trendafilova then committed President Kenyatta, then a Deputy Prime Minister, his deputy Ruto who was then the MP for Eldoret North, former Head of Public Service Francis Muthaura, and Mr Julius arap Sang to trial for crimes against humanity.

The judges ruled that two other suspects, Mr Hussein Ali and Mr Henry Kosgey had no case to answer.

That effectively reduced the number of Kenyans with cases at The Hague from six to four, what then became to be known as “Ocampo Four”.

Following a series of witness withdrawals from the cases, Ms Bensouda who succeeded Mr Ocampo as the ICC Chief Prosecutor upon the Argentine’s retirement, withdrew the case facing Mr Muthaura saying she lacked enough evidence to back the prosecution case.

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