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Kenya-born U.S. Judge Outraged at Vote to Pull Out of ICC

   Peter Clottey 22 December 2010
   International  Criminal  Court  (ICC)  Prosecutor  Luis  Moreno-Ocampo
   delivers  a  speech  during  the  opening  session  of  Kenya National
   Dialogue  and Reconciliation forum hosted by the Kofi Annan Foundation
   in Nairobi, 02 Dec 2010

Photo: AFP

   A  U.S.-based  Kenyan  law expert has described to VOA as ridiculous a
   decision by members of Kenyaâs parliament to withdraw the country from
   the Rome Statute following a unanimous vote late Wednesday.

   Joab Okello, administrative judge for the U.S. State of New York, also
   called  on  Kenyans  to  protest  and  renounce  the  decision  by the
   legislators  not  to  cooperate  with  the  Hague-based  International
   Criminal Court (ICC).

   âI  was very outraged by that move because Kenya cannot afford to be a
   pariah state. We are one of the most important countries in Africa and
   weâve  maintained that for years. And, for the parliament to pass this
   bill, just because six people have been indicted, is outrageous,â said
   Judge Okello.

   âThe six individual must still answer to the ICC. What they are trying
   to  do is protect these people so that they are not arrested. So, that
   means  the  ICC  can  only arrest the individuals if these individuals
   leave  the  country. But, if Kenya was a signatory, (to the ICC), then
   Kenya would have to arrest them if needed.â

   Recently,  Luis  Moreno-Ocampo, chief prosecutor of the ICC, named six
   high-profile  suspects  he  believed  were masterminds of Kenyaâs 2007
   post-election  violence  that  left  more  than  1,300 people dead and
   displaced  hundreds  of  thousands.  The suspects, Moreno-Ocampo said,
   would be charged with crimes against humanity.

   The  six,  high-profile  suspects  include Deputy Prime Minister Uhuru
   Kenyatta,  who  also  serves  as  Finance  Minister, Cabinet Secretary
   Francis  Muthaura,  former  police chief Hussein Ali, suspended Higher
   Education  Minister William Ruto, Henry Kosgey, chairman of the Orange
   Democratic  Movement  (ODM),  and  Joshua Arap Sang, a journalist at a
   popular local radio station.

   But, in voting Wednesday, the legislators suggested that Kenyaâs local
   judicial  system  should  handle the cases involving the post-election
   violence.

   Judge Okello said that it is clear the legislators want to protect the
   high-profile suspects.

   âMost  Kenyans that I have talked to are outraged by this move (vote),
   and I hope that the two principals (president and prime minister) will
   not  sign  this  bill.  There  has  to be a way to reverse this action
   because Kenya cannot be a pariah state,â said judge Okello.

   âI  think  Kenyans  must  express their outrage as soon as possible so
   that this vote is reversed. I canât see it standing.â

   Meanwhile,  a recent poll shows over 85 percent of Kenyans support the
   ICC prosecution of the suspects.

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