POLITICAL DEFERRAL IS THE BEST OPTION KENYA HAS ON ICC CASES

Friday, 02.12.2011 Nairobi, Kenya  Category: Media    14 comments

Dr. David Matsanga (left) and Moreno Ocampo (right)

       

  1. The Omnibus of tragedy that Luis Moreno Ocampo has brought to Kenya and Africa must be fought tooth and nail by all Africans. This is one of my last documents on ICC and on Luis Moreno Ocampo conduct before January 15- 20th 2012- when decisions on the two Kenyan cases will be announced in The Hague. I want to thank all those who have helped me and who have contributed both materially and morally to my long journey for justice for the 6 individuals farmed by Luis Moreno Ocampo in his flawed and bungled investigations in the Kenyan situation.
  1. I want to thank all my Kenyan friends who helped me on this tough journey of defending Africa and exposing the dirty toxins of Luis Moreno Ocampo. I want to thank my family that has missed me during these hard times of fighting for a better Africa. They must be prepared for harder times ahead because the fight between me and Luis Moreno Ocampo has just begun. I believe reconciliation comes before prosecution in African cases.
  1. Those who have also criticized me and helped to shape my analysis of the ICC cancer on Africa are thanked for their criticisms. They have enlarged my understanding about the mechanisms of international conspiracy.  I will begin a new hardened level of political lobby against Moreno Ocampo in January 2012 if the Pre – trail Chamber 2 confirms Kenyan cases.
  1. This public document or position paper has been triggered by receipt of several bad emails and telephone calls from those international NGOs that I forwarded a copy of my letter to the UN Deputy Secretary General of UN dated 4th November 2011 in which I accused Moreno Ocampo for failing the office of the ICC Chief Prosecutor. I want to make it well known that; I have no regrets for making such claims about Moreno Ocampo on African cases.  
  1. I am not part of a bandwagon that ignores facts and substitutes them with fiction on Africa dilemma. I am simply a person who has taken the issue of flawed investigations in the Kenyan cases seriously.  I want the world to understand that if we fail to speak out on injustices committed by Luis Moreno Ocampo then history will judge us wrong.   I therefore narrate the full story why political deferral is the only option left for Kenya on ICC cases.

 

          Level of apprehension and worries

  1. Most peace lovers worldwide are watching political events in Kenya with a lot of apprehension. The ICC saga has injected a series of dysfunctional politics that is bound to dismember the nation of Kenya if not politically checked by international mechanisms in place. The recent statements by the ICC chief prosecutor indicate that the case against the 6 Kenyans has already been fixed and pre-determined politically.
  1. The window dressing and rehearsing that we saw in The Hague in September 2011 was to confuse the unsuspecting Africans on the continent that there was a legal system of justice in the ICC. The Chief prosecutor Luis Moreno Ocampo has now told Libya to have all those indicted by ICC to be tried by the Libyan courts which have just come out of a war. Kenya whose Judiciary is strong in Africa has been denied a chance to handle their own cases and Ocampo has made it an eating ground and specimen of international justice.
  1. There are now slim chances of a successful legal route from the ICC Pre-trial Chamber 2 given the political undertones that have gripped the Chief Prosecutor’s office and the ICC itself.  Even those whom God has kindly not endowed with eyesight can read from the same script that the ICC will politically take a decision to have a full trial to save the legacy of Chief Prosecutor Luis Moreno Ocampo and that of the court itself.  Believe me or not there is something incongruous about the ICC chief Prosecutor Luis Moreno Ocampo and his behavior towards Kenyan cases. This will be revealed between 15th -20th 2012 the period when a decision will be made on the Kenyan cases.
  1.  A man like the Chief Prosecutor Luis Moreno Ocampo with a mindset theory and one who has spent millions of US dollars on mirage justice in Africa is determined to have a Kenyan case go to a full trial so as to save his own shuttered legacy. Let me make it abundantly clear that there are three routes that the Pre- Trial Chamber 2 might follow in determining the Kenyan cases.  But the ICC itself has come under immense political pressure from funders and NGOs that two of these routes might not be followed due to political reasons that have now overshadowed the court itself.

 

           Monetary survival of International NGOs

  1. The world must remember that some of the NGOs have to survive monetarily on the Kenyan cases. Those in Kenya that are working for ICC want a full trial in order to buy more houses from the blood of other Africans. Those internationally want to generate funding streams from the full trial. That is why they want a full trial. The court would have taken one of the following routes in normal circumstances if there was no outside political interference. I believe one of the Judges in Pre- trial Chamber 2 who dissented on the Kenyan cases the other time will stand by the rest of the world in voicing his concerns on these cases. The court will do the following on that day in January 2012:
  1. One is to confirm the charges if there is evidence that crime were committed by the six suspected Kenyans (Which international NGOs, some European nations and the USA, Ocampo and others want for political reasons). This will be political because there is no overwhelming evidence that those accused committed those crimes.  
  1. Two, Pre- trial Chamber 2 may decline to confirm charges for lack of enough evidence (which will be good news for me because I have said and campaigned that investigations were flawed by Luis Moreno Ocampo). I have said time and time again that investigations were shallow , hollow, and full of daydreaming that renders the cases a mockery to international  justice
  1. Three, the Pre- trial Chamber 2 may throw out the current charge sheets of Ocampo and adjourn for fresh evidence or consider amending charges (this might be the compromise position because some charges may be dropped but this does not stop Ocampo re-entering Kenya since Kenya has no credible alternative courts of handling the cases).

 

           Need for special Division of the High court for PEV cases:

  1.  I have written and spoken internationally through the media that in order for Kenya to stall the chief prosecutor’s theft and deceit, Kenya has to set up a special Division of High court to handle PEV cases. It seems I am alone on this journey so I don’t intend to continue singing about it as an independent observer. I don’t hold brief for the nation of Kenya but as friend of the people of Kenya, I have done what it takes to bring out grievances against flawed investigations and given my technical advice that can resolve this debacle and I feel vindicated.  I have even gone a notch higher to engage the UN Headquarters on the matter of Ocampo’s conduct in office.  
  1. There are those in Kenya whose NGOs have less understanding of international operations and some in the world that have been clouded with imperial amnesia and have reacted angrily about my decision to ask the UN secretary General to investigate Luis Moreno Ocampo on African cases. Powerful NGOs have carte blanche to behave outrageously when it comes to African affairs and as Africans we tend to acquiesce to this appalling indulgence.  I am not one of those NGOs and I am not going to be nibbling at the periphery of these disquieting ICC moral contradictions as a real African. We fight up to the end with Ocampo.   

 

          Threatening emails and lectures about impunity on Kenya

  1. Most of the groups and NGOs that have written to me threatening emails and lectured to me about impunity in Africa want Kenyan cases to go for full trial in the ICC.  I will not lose sleep on international politics of zygotes and on the moral decay of mercantile merchants of conflicts that are measured by how much they get paid after fixing Kenyan people and disrupting the peace that is in Kenya today.  I am not hired by any of the suspects and If, I were hired by them I would have done a patriotic job in defending them politically as these cases of Kenya are not legal cases but phases of political international conspiracy base on permanent interests.  These imperial interests must be tamed by serious African patriots not surrogates of imperialism in the name of NGOs that are political parasites that feed on the blood of Africans.
  1. I have now come to the bottom of the truth about the Kenyan cases before the Pre- trial Chamber 2 before decisions are made in January 2012.  To that end I will intensify my international efforts to expose the rot that exist in Luis Moreno Ocampo’s office in The Hague. Those friends of mine who think at this ICC with the Chief Prosecutor present will make a good decision on Kenyan cases have to watch the trends both internally in Kenya and internationally. I thank all international friends and Kenyan friends who have assisted me on this journey and I want to seek for more support in my quest for bringing Ocampo to where he belongs- jail.  Those who worship paupers have no destiny in my heart and I believe that Africa has more knowledge to handle its matters than being controlled conduits like Luis Moreno Ocampo.

 

          Justice for both sides of the Kenyan situation:

  1. Whether Ocampo leaves office today or next year as long as I live in this world I will bring him to justice for messing up African cases. Those who distort my mission have feeble minds and have no clue on how battle hardened I am by virtue of my background and suffering on African views.  My determination to bring justice to both sides on Kenyan cases is real. (For both victims and suspects).
  1.  I am unfazed by any political labels, concoctions, empty threats, political prostitution of my name by those that are either intellectually derailed or are compromised by international imperialism that has engulfed the proceedings of the Kenyan cases in The Hague. None of these threats will silence or deter me from voluntarily defending the 6 suspects and from exposing Ocampo’s shoddy deals in the ICC. Even if the price to pay is death I will stand by the truth on these matters that have weakened African patriotism. Nothing dilutes passion of defending Africa which is sandwiched between a hard place and a rock.
  1.  Most of those who shout louder about the human rights in Africa and elsewhere in the world fail to see the left from the right on this matter of ICC in Africa. The admission by Luis Moreno Ocampo in New York few weeks ago that his office is pressurized by political decisions made by some nations is clear indication that there is no legal sanity in the ICC office of the Chief Prosecutor.  Despite all these facts UN and other world bodies have not questioned moral ability of Ocampo as ICC chief Prosecutor for 9 years.  

 

           International dimension of the cases:

  1. I will fight as an African scholar to put my points across to the world on the Kenyan ICC scenario and on other African cases.  The Kenyan cases are not local tribal issues or local agendas any more. The cases have taken an international dimension and it needs international approach and those reducing it to a local political “stone throwing match” or a wrestling competition in any part of the hamlets of Kenyan nation are doing injustice to the suspects who have been framed by a rogue political prosecutor of ICC. This is a political course of action that has been taken by the Chief prosecutor and must be fought by political means. There are no legal routes that will close the suffering of suspects except a firm political direction by Kenyan government.  If I am wrong time will tell.
  1. There will be no redress from the legal route of ICC on the Kenyan cases. Those hoping to see a legal route taking shape must begin to learn “the hard way that ICC is an instrument and a creature created by international politics and that same politics has worked and eaten a bigger chunk on the Kenyan cases”. These facts are seen by the current direction of invents in the ICC pronouncements.  First the Forbes Group targets a human being called Uhuru Kenyatta and labels him as one of the few richest people in Africa and immediately followed by the ICC Registry targeting assets allegedly for Uhuru and Ruto! Does someone out there see the direction of the cases surely? 
  1. The simple truth now is that the ICC will not surrender any of the cases when there is “no redemption strategy in Kenya”. There is nowhere to throw the cases. Whether charges are amended and some are dropped, the ICC will still cling to the Kenyan cases by the chief prosecutor Moreno Ocampo coming again to arrest and interrogate more suspects.  In absence of that strategy the suspects will have to suffer the political route of a full trial in The Hague as anticipated by ICC funders from Europe and USA.  These are hard facts. It is better for these facts to be brought out now than to be reactive when the final day of the decisions comes...

          

           Kenya reduced to a colonial hammering by ICC chief Prosecutor:

  1. I am not a paid lawyer of any of the suspects and therefore I have no much financial interests but political interests of peace in the region of East Africa. I feel touched and concerned as an East African to see a nation “reduced to  a colonial hammering through the back door of imperialism of Luis Moreno Ocampo” where international funders politically determine the route of ICC cases because they don’t like Uhuru Kenyatta or William Ruto on the ballot papers of Kenyan  Election of 2012. This is a very serious flaw of international justice.  For some countries in Europe to decide our destiny as Africans after 50 years of independence is absurd and disheartening.
  1. European countries like Germany that pay 90% of ICC salaries and other expenses have made it clear that they want results from Ocampo and the ICC courts. The proceedings for other cases before the ICC and under the docket of Luis Moreno Ocampo namely those of Thomas Lubanga and Bemba are not very urgent to these countries but the ones for Kenya are badly needed by Germany as country that has funded the ICC budget for many years. This makes ICC a club of those who pay the highest and those who bid highest for African blood. Germany is even building a new outfit in central Hague for ICC and you can complete the rest.
  1. These colonial countries must also remember that we are still looking for Nazi criminals who maimed women, children, men and others 60 years ago and it is not a hurried justice. Justice has not decayed even when it has taken 60 years after the Second World War.  Those who committed heinous crimes in Germany are being brought to book. Why should such countries advocate for a quick political solution on the Kenyan cases?  Sadly these are the hard facts that many of those who have doubted my fight   and determination to expose Ocampo on flawed investigations have to hear and bear in mind before they answer me.
  1. The irony of all these distortions by Luis Moreno Ocampo is that Kenya can find solace on the matter of ICC through political deferral of UN under Article 16 of the Rome statute that the framers of the Rome Statute inserted for such purposes. There are those in Kenya who think they have to finish the cases now and go to the elections with a clean record. No it will be impossible for voters to vote those whose cases have been confirmed for a full trial and might face 30 years in jail.   Deferral gives those intending to stand in 2012 a clean sheet of campaign and gives them confidence in campaigns. The current climate in Kenya does not allow any further ICC incursions or outreach lessons of Chief Prosecutor Moreno Ocampo.  
  1. The more the chief prosecutor makes inflammatory statements on the Kenyan cases the higher the sparks of conflict begin to show in Kenya. There is likely to be a “resultant conflict” from the listed ingredients below that the Kenyan state is engaged in. These activities in terms of conflict assessment chart and barometer could spark a bigger and sharper crisis that can polarize the state affairs if not well handled.

 

           Facts for deferral of the Kenya ICC cases:

  1. Kenya will hold an election in 2012.  Which needs advance preparations without interruptions from other quarters of international community? These similar elections of 2007-2008 created a political Tsunami that has brought in the like of Luis Moreno Ocampo and Dr. Kofi Annan to earn $60.000 dollars on daily basis on each visit to Kenya.
  1. Kenya is fighting Al- Shabaab terrorists in Somalia that have threatened regional and international peace and stability.  This conflict was started by USA in 1991-3 and USA left for Africans to kill each other. Kenya has stepped in and cannot afford another burden imposed on it from the ICC.
  1. Kenya still has not finished its constitutional arrangements in Parliament to set ground for a full functional constitutional democracy. There are still many unfinished constitutional arrangements that are needed in Kenya and it needs time to fulfill these arrangements without Ocampo incursions and outreach literature of flawed justice
  1.  Kenya still has IDPs to resettle internally and Refugees from the Somalia conflict that pause a crisis. This has put a strain to the nation of Kenya and most of those affected by the 2007-2008 are beginning to heal and regain freedom. For full trials to take place will disadvantage the IDPs that have now started to resettle. It might trigger tension and fresh violence. 
  1.  Kenya still needs a vigilant internal security measures to curb the insecurity caused by threats to peace in the region. A fragile coalition of Kenya littered with interparty potholes rivalry and disunity will crack once more pressure is put on it by Mr. Luis Moreno Ocampo ICC incursions in Kenya.  If I am wrong time will tell!

 
           Benefits for Kenya’s deferral of ICC cases:

  1. The benefits of Deferral for 12 months under article 16 and under Chapter VII of UN Security Council are many for the country of Kenya and the world. Firstly, it will save Kenyan state from a new conflict that could emerge as a result of a full trial in 2012. Secondly, it will enable Kenya to successfully have an exit strategy from Somalia conflict and retain peace in both countries. The third factor is that the deferral will stop tension in the regions where key suspects originate. The political method used in the selection of suspects by the Chief Prosecutor Luis Moreno Ocampo in the Kenyan case has polarized sections of larger communities in Rift Valley and Central Provinces whose politics is vital for stability of a nation as whole.   
  1. Furthermore, the deferral for 12 months will give Kenya breathing space to properly prepare and have a free and fair election without any crisis as in previous occasions. Given that the time frame is short for the preparations of Elections of 2012, the ICC would add a burden to the already over stretched government and could spark a crisis.  Poor preparations and logistics in any elections in the world could lead to flawed election- hence violence. This will threaten peace in the region and international resources would be needed to resolve such a crisis in   Kenya.

 

           Saving ICC from total collapse in Africa:

  1. The deferral will also save the face of the ICC from collapse on the African continent given the double standards exhibited by the ugly methods of the chief prosecutor’s office of ICC. Whether the Kenyan cases are taken for full trial or not the ICC faces a greatest moment and trial on the African continent in terms of credibility” (see Libyan case).  The bungled and flawed pattern that has left Africa bleeding must be addressed by the Security Council. Leaving Ocampo to go home with honour when he has injured Africa is not acceptable.
  1. Another worry about a full trial is that it will suck in President Kibaki and Prime Minister Raila Odinga who are key cornerstones of Kenyan fragile coalition. They will certainly be dragged into the pains and the mud of a flawed investigation of Luis Moreno Ocampo.
  1.  Already President Kibaki has written to the Pre- trial Chamber 2 in his evidence stating that he was appalled by the nature of accusations labeled at the highest institution of the country by Luis Moreno Ocampo. This should not be taken lightly by the Pre- trial Chamber 2 and the ICC. An elderly statesman in Africa who has never killed a fly writes to a rogue Prosecutor and is not listened to? It does not make any sense of independence that Africa got 50 years ago,
  1. There are countries in Europe  that have developed a political network  through their agencies in Kenya , paid NGOs and other political institutions in  Kenya  to subvert government activities in Kenya   and create a state of confusion and apprehension  in  Kenya on the matter of ICC. They sponsors opinion polls showing  how poor Africans are in love with ICC yet most these so-called pollsters have no alternative methods when crisis erupts.  Those who oppose the deferral route through the UN Security Council are mere political amateurs in the subject of international relations which cuts corners as events unfold in the world.  

 

           Political minefields and fluids but there is hope in 2012:

  1.  Kenya of 2012 will be full of political minefield and fluids with many difficulties but with hope for a better country in East Africa and the government of Kenya cannot afford to pay more attention on the ICC incursions at the expense of peace and tranquility that is exists. I see a sea of difficulties if a full trial is ordered by the ICC pre-trial Chamber but I wish and hope ICC pre-trial chamber 2 could suspend the cases to give time for most important event on Kenyan calendar – Elections of 2012. If ICC incursions into Kenya is not handled well it could result into a sharper conflict in 2012. If some key leaders in the communities of Kenya are technically removed from the ballot paper of Kenya’s Presidential elections of 2012 there is bound to be severe political ramifications.  

 

           African Union position on Luis Moreno Ocampo:

  1. The deferral request, which his Excellency the President of the Republic of Kenya HE Mwai Kibaki presented before the 16th ordinary summit of African heads of states (AU) in Addis Ababa in February 2011 on behalf of the Kenyan Government will protect the interests of ICC and that of victims who deserve real justice not fabricated and flawed justice exhibited by Ocampo.  That is the route that must be followed so that the world sees peace in Kenya and the region.
  1. It will help Kenya to create a special division of the High court (domesticated ICC) and seek alternative mechanisms of justice to bring all the perpetrators of PEV of 2007-2008 to justice.  It is the same route that Kenya should embark on today.  African Union (AU) has made it clear that Luis Moreno Ocampo investigations in African cases are flawed.  AU has the mechanisms to reintroduce the same motion in the UN Security Council if the Pre- trial Chamber 2 orders a full trial.  More so Kenya is fighting the war that AU should be fighting in Somalia. Equally, IGAD cannot afford to have a member state struggling with internal crisis created by ICC incursions into Kenya when Kenyans have taken bold step to fight in Somalia and create peace.

 

           Saddening culture of NGOs that parasite on African blood:

  1.  It is therefore saddening for a section of individuals whose culture in Kenyan and African  politics is to mutilate suggestions, prostitute and peddle lies about the deferral route that could restore hope for this  country Kenya.ICC route will not solve the impunity problems in Kenya or elsewhere in Africa.  Kenya needs a full package that includes reconciliation, healing, forgiveness, restorative justice and above all good reparations to the victims of decades of violence. Mere posturing by Luis Moreno Ocampo and ICC   and failure by the ICC to throw out the case creates a new conflict...
  1. Those NGOS accusing me have failed to read Chapter VII of the United Nations Charter. Article 16 which was embedded in the Rome Statute of 1998 as a check and balance of the Rome statute of 1998. Ocampo has misused some sections of the law in the 1998 Rome statute.  ICC investigations themselves have turned into a threat to peace and more so when they are flawed investigations like those of Kenyan cases. Do these guys that read my name and fail to read what I write read the Rome statute of 1998 or just shout for the sake of shouting in this continent of Africa to feed on the blood of Africans?

 

           Full trial will spark anew conflict in Kenya:

  1. It is true that the ICC investigations, proceedings and any future interactions with the rogue Chief prosecutor and The Hague route of ICC full trial will threaten Kenya’s peace and to a larger extend threaten  regional and international peace. It is also true that Kenya is one of the frontline states bordering Somalia and Sudan, which are undergoing fragile transitions in democracy and governance. Kenya does not need an extra burden of ICC chief Prosecutor’s incursions with his outreach work that could itself become cage powder to the fragile situation in Kenya in 2012.
  1.  For Kenya to continue fighting Al- Shabaab and at the same time focus attention on how to implement the ICC protocol that can wait for 12 months is a tricky and murky situation.  Do Kenyans and African people see the dubious hidden political hand of ICC roll- coaster of Ocampo and Omnibus of tragedy into Kenya? The failed state of Somalia poses a great threat to peace in the region and Kenya has taken a step to silence that threat.  Kenya is now focused on removing the menace for the sake of international peace. Why does Kenya pay the price of internal destabilization from the other arm of United Nations like ICC when they have sacrificed men and women on behalf of the UN Security Council and AU?  

 

           Not condoning impunity by seeking deferral:

  1. Seeking a deferral under Article 16 is not condoning impunity as some myopic international agencies are stating in their misplaced quest for flawed justice in the world .Those of us seeking this route on Kenyan cases are simply saying that the country needs more time to reconstitute and mould its institutions of judiciary, the police, the security agencies and other institutions that safeguard the rule of law and order in order to apprehend those suspects who will be named in future. It is therefore sardonic for a section of international NGOs to zero on me and to condemn the lobby route I have taken to UN Security Council   without reasoning beyond the grain of salt.
  1. Why have we opted to lobby for deferral and review after 12 months? It is because of the animosity and the politicization of the ICC cases on party lines of ODM and PNU by the chief prosecutor that worries most of us.  Kenyan government has not been listened to by the Pre- trial Chamber 2 on the legal route when they tried to have the case stopped. Instead the Pre- trial Chamber 2 allowed the Chief Prosecutor Luis Moreno Ocampo to engage himself under Article 15 that has created a bungled investigation of the Kenyan cases.
  1.  Luis Moreno Ocampo did this despite the fact that the Government gave him ample time and co-operation to comprehensively investigate the PEV cases but failed and resorted to cut and paste of amateur style of what rogues do in such situations.  This conflict has been injected into a nation of Kenya by the ICC bungled flawed investigations. It is therefore important to note that deferral under article 16  is not condoning impunity  as alluded to by a cross section of International sponsored NGOs that operate in Kenya and that have surrounded the ICC Pre- trial Chamber 2 with documents that  accuse the suspects and the government of Kenya.

 
           Be prepared to share the platform with me for a long time:

  1. Therefore those agencies that have lobbied for a full trial on the Kenyan cases must be prepared at all times to share a democratic platform with me on African cases. I will not be intimidated by threats from men and women who are on the payroll of imperialism. I have grown and graduated beyond cheap threats and blackmail. The Kenyans I have defended are not my relatives but are African people who have be  wrongly framed by a rogue  Chief prosecutor of ICC whose deadline politics will kill the name and credibility of ICC. I will also travel to New York   Assembly of State Parties and I will not shy from telling the truth about Ocampo and his activities.

 

Thanking all of you,

I remain,

Yours truly,

Dr. David Nyekorach – Matsanga.
Africa world Media Ltd. Chairman /CEO
+44(0)7930901252
+254(0)723312564
Surrey England

africastrategy@hotmail.com
dr.davidmatsanga@yahoo.com.
www.africaworldmedia.com.

c.c

1.

To all International NGOs associated with ICC cases

 

2.

To the ICC Registry and Court The Hague

 

3.

To the ICC Registry and Court The Hague

 

4.

To Dr. Kofi Annan- Chief Mediator of Kenya conflict 2007-2008

 

5.

To the Government of Tanzania and Uganda


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About me

Name:David Nyekorach - Matsanga (PhD)
Work: Publisher, Owner, Chairman of Africa World Media Ltd Specialist: Political Science, African History, Governance, Democrary, Great Lakes Region, Conflict Resolution, Media Impact on Africa, International Management and Lobby work
Location: London, Surrey UK


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