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Kenya “Dirty 6” Named by ICC Prosecutor

By Agencies | Crested Journal
Wednesday, December 15, 2010

UHURU MUIGAI KENYATTA, JOSHUA ARAP SANG, FARANCIS KIRIMI MUTHAURA, MAJOR GENERAL MOHAMMED HUSSEIN ALI, WILLIAM KIPCHICHIR SOMEI ARAP RUTO, HENRY KPROMO KOSGEY have been named as the individual most responsible for the violence that engulfed Kenya soon after the elections of 2007 results were announced.

Announcing the names of the six figures ICC prosecutor Moreno Ocampo said that even though many were involved in the violence the named were the most responsible for the crimes. He said he was not in the game of apportion political blame there for he is not going after political leaders, but those who committed crimes.

Who are the Named Six?

William Kipchirchir Samoei arap Ruto who was born 21 December 1966 in Kamagut, Uashin Gishu is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. However his position in the ODM was a few weeks ago scraped in what was mainly seen as a revenge move against him by Prime Minister Raila Odinga with whom he has parted ways. He had previously served in the Ministry of Agriculture since April 2008. Ruto was elected Director of Elections on 18 March 2002, when the National Development Party led by Raila Odinga merged with KANU. He was Secretary General of KANU, the former ruling political party, and he has been MP for Eldoret North since 19197. a seat he won after trouncing the former M.P. the Late Hon. Rueben Chesire. He became an Assistant Minister in the Office of the President and was appointed Minister in charge of Home Affairs in August 2002 but lost the post after the December 2002 election, in which Kanu lost to theNational Rainbow coalition. He also previously served as the Chairman of the Parliamentary Select Committee on Constitutional Reform in the 9th Parliament. He is seen as a fast emerging powerful Rift Valley politician in Kenya's political arena.

Ruto has been implicated in orchestrating the 2007/2008 post election violence in Kenya. On November 3rd 2010, Ruto jetted to the International Criminal Court at the Hague to strike an evidence deal with the prosecutor. The suspended Higher Education minister William Ruto agreed with International Criminal Court prosecutor Luis Moreno-Ocampo on rules by which he will give evidence on the post election violence.

Ruto was born 21 December 1966 in Kamugut, Uasin Gishu to the late Mzee Daniel Cheruiyot and Mama Sarah Cheruiyot. He attended Kerotet Primary School for his primary school education then joined Wareng Secondary School for his Ordinary Levels education before proceeding to Kapsabet Boys, Nandi for his Advanced Levels. He then went on to receive a BSc and MSc in botany from the University of Nairobi, graduating in 1990.

Ruto was Organising Secretary of Youth for Kanu (YK92), a group that was formed to drum up support for President Daniel Arap Moi in the 1992 election.

In January 2006, Ruto declared publicly that he would stand for the presidency in the next general election, scheduled for December 2007. His statement was condemned by some of his KANU colleagues, including former president Moi. Ruto sought the nomination of the ODM as its presidential candidate, but in the party's vote on 1 September 2007, he placed third with 368 votes, behind the winner, Raila Odinga with 2,656 votes and Musalia Mudavadi with 391 votes. Ruto expressed his support for Odinga after the vote. He resigned from his post as KANU secretary general on 6 October 2007.

Although the December 2007 presidential election was won by incumbent Mwai Kibaki, the ODM challenged this, claiming victory for Odinga. Following the violent political crisis over the results, Kibaki and Odinga agreed to form a power-sharing government. In the grand coalition Cabinet named on 13 April 2008 and sworn in on 17 April, Ruto was appointed as Minister for Agriculture.

On 21 April 2010, President Mwai Kibaki and his Prime Minister Raila Odinga removed Ruto from the agriculture ministry, and transferred him to the higher education ministry, swapping posts with Sally Kosgei.

William Ruto was on trial charged with defrauding the Kenya Pipeline Company of huge amounts of money through dubious land deals, but he has been out on bond. The Constitutional Court suspended further hearing of the case due to complaints by Ruto that the prosecution was politically engineered.However, the High Court cleared the path for criminal charges against the Higher Education minister over the alleged sale of a piece of land in Ngong' forest to Kenya Pipeline Company Ltd.

In early 2009 after parliamentary debate on a maize scandal, Ruto was cleared of all the allegations directed at him byIkolomani MP Bony Kwalale (Public Accounts Committee Chairman) and not all the documents bearing the National Cereals and Produce Board seal that linked Mr Ruto to the illegal sale of maize were accepted by Parliament's deputy speaker.

They included those from managers of the board allocating maize to some individuals allegedly on the strength of a call by Mr Ruto. Others included tables showing that the cereals board had in store 2.6 million bags of maize in June 2008 and those that allocated maize to companies and individuals that Dr Khalwale described as undeserving. Mr Ruto had informed the House that the maize in the stores at the time was 1.6 million bags. Mr Khalwale wanted to know what had happened to the one million bags. It also emerged that though Mr Ruto had announced reforms in which he claimed to have removed 14 of National and Cereals Board's 17 managers, he at the same time appointed the managing director of a milling company allocated more than 600,000 bags of maize to NCPB's board of trustees.Both the minister and the appointee when contacted denied any conflict of interest and said the appointment was in accordance with the law. William Ruto attributed the maize scandal allegations and claims of his involvement in corruption to the work of his "political enemies.

While Ruto and Odinga are both from the Orange Democratic Movement of the power-sharing government, they disagree on the issue of the proposed constitution draft with Ruto calling for rejection of the draft in the upcoming constitutional referendum, arguing that some of its clauses are unsuitable while Odinga and Kibaki are campaigning in its favor.

 

Henry Kiprono Kosgey the the Chairman of the Orange Democratic Movement (ODM) and Mp for Tinderet Constituency during the 2007 election. Following the fall out of Raila and William Ruto, Kosgey remained the grounding root of Raila in the Rift Valley region. He has previously represented Tinderet in Parliament from 1987-1992, and again from 1997-2007, as member of the KANU, but joined ODM at its inception. Originally trained as a chemist, Kosgey's past ministerial portfolios have included the Ministry of Science and Technology, and Minister for Education. Kosgey currently serves as Minister of Industrialization.

 

Francis Kirimi Muthaura was born October 20, 1946 in Meru, central Kenya is a prominent Kenyan civil servant. Muthaura is a close ally of President Mwai Kibaki. He is the Head of Civil Service and Secretary to the Cabinet. From March 14, 1996 to April 24, 2001 he was the Secretary General of the East African Community. Previously, he held several ambassadorial positions under the rule of former president Moi.

Muthaura has had a long career in the Civil Service. Straight after leaving the University of Nairobi in 1972, he was appointed the District Commissioner of Mombasa District, a position he held until 1973. He was then appointed an Assistant Secretary in the Ministry of Foreign Affairs. He attended Nkubu Secondary School from 1966. In 1968, he joined Nyeri High School. He attended the University of Nairobi from 1969 to 1972 where he graduated with a Bachelors Degree in Arts, Economics and Political Science. He also has a Diploma in International Relations from the University of Nairobi. He was later appointed to the secretary to the cabinet in 2005.

In March 2008, following an agreement between the government and opposition to establish a coalition government to end a political crisis, Muthaura stirred controversy by saying that Kibaki would remain both head of state and head of government. This interpretation of the agreement would mean less power than the Orange Democratic Movement (ODM) had anticipated for its leader,Raila Odinga , who is expected to become Prime Minister under the deal; the ODM angrily rejected Muthaura's interpretation.

 

Major General Mohammed Hussein Ali was born in 1956 in Eldoret is an ethnic Somali military commander. He is currently chief Executive of the Postal Corporation of Kenya and was the former Commissioner of the Kenya Police during the 2001-08 violence. Ali is a member of the Sheekal Somali Clan. He was born in 1956 in Eldoret. He went to Uasin Gishu School and then Kolanya Boys High School in Busia District. He dropped out of high school after the death of his father to take care of his four younger siblings. He joined the Kenya Army in 1977. He was eventually promoted to Brigadier in 2003 and Major General in 2005. During his military career he served as a military attaché for Kenya in Zimbabwe and Uganda, and was commanding officer of the Western Brigade the Kenya Army Paratrooper Battalion, and the Air Cavalry regiment in Embakasi. He is also a former chairman of the Local Ulinzi Stars football club.

He was appointed to the position of Commissioner of the Kenya Police in 2004 by Kenyan President Mwai Kibaki whilst then holding the rank of Brigadier in the Kenya Air force. He was the first Police Commander who becomes outside the Police force. His first significant act upon his appointment was to disband the then feared police reserve as well as a mass clear out of the police force hierarchy in what was seen to be a move to reform the force. His authority over the force, however, came under scrutiny when in 2006, the Kenyan government, through then Internal Security Minister John Michuki, carried out a police raid on the headquarters of a leading daily newspaper whilst Ali was absent from the country. The fall out from this raid led to an extended crisis regarding the presence in Kenya of two alleged Armenian mercenaries known as 'the Artur brothers'. A commission of inquiry investigating that was convened later that year was dismissed as a cover up. A report regarding the incident was recently tabled in parliament.

Starting 2007, Ali's charges in the Kenyan police began severely cracking down on the notorious Mungiki Sect, a local politico-religious group and banned criminal Organization known for, among other things, decapitating policeman. For this perceived excessive use of force on its part, the police drew heavy criticism from human rights groups, particularly over the deaths of several hundred youth in its custody without trial over alleged links to the sect. In 2008, controversy also surrounded the Kenyan police's response to the violence that rocked the country following a disputed presidential election, especially regarding a 'shoot to kill' order that is alleged to have come out of Ali's office. According to a report investigating the Post election violence, gunshot wounds most likely from police guns were the biggest single cause of death amongst the fatalities.

In 2009, Major General Ali was in the news again when a report by UN special reporter Philip Alston into extrajudicial killings recommended that he was a stumbling block to police reform and should resign. This was despite at least one observer describing him in the Nairobi Chronicle as "without doubt, the most effective police chief Kenya has seen in a long time." While never shying away from making use of all of the available means open to him as head of Kenya's police, during his time as Commissioner, Ali, among other things, re-equipped the police with new patrol trucks and vehicles and trucks, secured modern policing equipment for his charges, revitalized the police over the long-term by increasing the recruitment of officers, and improved the sharing of information between the police and the public.
On September 8, 2009, Mohammed Hussein Ali was transferred to the position of the Chief Executive of Postal Corporation of Kenya.

 

Uhuru Muigai Kenyatta born October 26, 1961 is one of Africa's class of political princes. A Kenyan politician, currently serving as Deputy Prime Minister and Minister for Finance. He is the Chairman of KANU, the former ruling party, which is currently part of the Party of National Unity (PNU). Nominated to Parliament in 2001, he became Minister for Local Government under President Moi and, despite his political inexperience, was favored by President Moi as his successor; Kenyatta ran as KANU's candidate in the December 2002presidential election, but lost to opposition candidate Mwai Kibaki by a large margin. He subsequently became Leader of the Opposition in Parliament. He backed Kibaki for re-election in the December 2007 Presidential election and was named Minister of Local Government by Kibaki in January 2008, before becoming Deputy Prime Minister and Minister of Trade in April 2008 as part of a coalition government. He is the son of Jomo Kenyatta, Kenya's first president (1964-1978). His name, Uhuru is Swahili for "freedom".

To his supporters Uhuru Kenyatta is a visionary leader. To his detractors the heavy-smoking man is a reluctant politician. Being the son of Mzee Jomo Kenyatta, Uhuru's upbringing was steeped in politics.

According to Uhuru, "Growing up in the Kenyatta household taught us many things. My father taught us to treat everyone fairly. He taught us the essence of justice and fairness, he told us to learn from history but not to live in history."

He attended the prestigious St. Mary's School in Nairobi, where his former schoolmates remember him as one of the brightest students. From there he went on to study political science at Amherst College, USA. He is also reputed to be a shrewd businessman, having long played a central role in the vast family business empire.
His initial entry into politics came through his election as the chairman of his hometown branch of the ruling party, KANU, in 1997. This came with the tacit approval of President Moi. At the time, many saw the election as a calculated move to prepare Uhuru for bigger things.

In the general election held the same year, Uhuru contested theGatundu South Constituency parliamentary seat, once held by his father. It was assumed he would sail through. But that was not be: Uhuru lost to Moses Mwihia, a little-known Nairobi architect. After losing the election, Uhuru's friends say that he was extremely upset and that he vowed to quit politics altogether.

He hurriedly retreated to the family business empire that includes five-star tourist hotels, airlines and commercial farming. Little did Uhuru know that President Moi was still intent on propelling him onto the national political scene.

In 1999 Moi appointed Uhuru the new chairman of the Kenya Tourism Board, where he worked with Kenya's political power-broker Nicholas Biwott, a very close confidante of the president. Apparently the young Uhuru was undergoing even more intensive training. Then came October 2001 and Uhuru was nominated to parliament and subsequently to the cabinet as Minister for Local Government. In March of this year Uhuru Kenyatta made it big on the national political scene when he was elected as one of the four national vice-chairmen of KANU.

President Moi paid a heavy price for ensuring Kenyatta was KANU's presidential candidate, with several senior party figures, their own ambitions thwarted, resigning to set up another party (the Liberal Democratic Party).

In the presidential election held on December 27, 2002, Kenyatta was soundly defeated by opposition leader Mwai Kibaki, taking only 31% of the vote against 62% for Kibaki; this marked the end of KANU's continuous 39 years of rule since independence. Many attributed Kenyatta's defeat to his association with the retiring President Moi, whose long rule was widely regarded as hopelessly corrupt and ineffectual. He was also seen to be lacking experience and his campaign team lacked the big names, most of whom had left KANU to join the opposition NARC. Despite losing the presidential election, Uhuru Kenyatta won an MP seat at the Gatundu south constituency.

Since he joined Moi's inner circle, Uhuru Kenyatta has been fighting to prove that he is his own man and not Moi's stooge. In late January 2005, Uhuru Kenyatta defeated Nicholas Biwott for chairmanship of KANU, taking 2,980 votes among party delegates against Biwott's 622.

Uhuru led his party Kanu in Campaigns against the draft Constitution in 2005, having teamed up with the Liberal Democratic Party to form the Orange Democratic Movement. This saw Kenyans humiliate the government by rejecting the draft constitution by a noticeable margin.

In November 2006, Kenyatta was displaced as KANU leader by Biwott, although Kenyatta said he would not accept the decision. On December 28, 2006, the High Court of Kenya reinstated Uhuru Kenyatta as KANU chairman. However, further court proceedings followed. On June 28, 2007, the High Court confirmed Kenyatta as party leader, ruling that there was insufficient evidence for Biwott's argument that Kenyatta had joined another party.

On September 13, 2007, Kenyatta withdrew from the December 2007 presidential election and said that he would back Kibaki for re-election. He said that he did not want to run unless he could be sure of winning.

Following the election, which proved extremely controversial when Kibaki was declared the victor despite claims of fraud from challenger Raila Odinga and his ODM, Kibaki appointed Kenyatta as Minister for Local Government on January 8, 2008. After Kibaki and Odinga reached a power-sharing agreement, Kenyatta was named Deputy Prime Minister and Minister of Trade on April 13, 2008, as part of the Grand Coalition Cabinet. He is the Deputy Prime Minister representing the PNU, while another Deputy Prime Minister, Musalia Mudavadi, represents the ODM. Kenyatta and the rest of the Cabinet were sworn in on April 17 2008.

Kenyatta was moved from the post of Minister for Trade to that of Minister for Finance on January 23, 2009, while remaining Deputy Prime Minister.

On April 29, 2009, Uhuru Kenyatta presented a supplemental budget that was approved by parliament. The supplemental budget was to cover the budget gap that had arisen due to slow economic growth. The government required an additional Kshs 38 billion, but compromised on a figure of Kshs 22 billion and non essential proposed expenditure was postponed as a result. After voting on the bill brought forward by Kenyatta, Gitobu Imanyara brought up discrepancy questions as to what exactly had been approved by the house. It appeared that parliament had voted on Kshs 31 billion as opposed to Kshs 22 billion that they thought they were voting on - the difference totaling Kshs 9.2 billion. The Dept. Prime Minister initially defended the budget that had been passed but later admitted that there were computer or typographical errors in budget bill. An investigation by the CID and a Parliamentary committee was ordered by the Speaker, to question him on the discrepancies. He was later cleared of any wrong doing by the Joint Finance and Budgetary Committee on the issue.

 

Joshua Arap Sang: There is little known about him. He is a trained Journalist who has made it big in the radio industry. He is said to own a number of radio station across Kenya. He is alleged to have developed his clout during the Moi era as part of the government media agents.

 


 

The government on Monday was in high drive trying desperately to find to craft the right response to the ICC action. A heated Cabinet meeting resulted in a statement assuring the public of security. It also put the government behind efforts to revive local trials of chaos suspects.

The scarily part of the day was the government revelation that some Members of Parliament had been going round rallying supporters to demonstrate as soon as certain political figures are named as suspected masterminds of the 2007 election bloodbath.

A group calling itself the National Council of Elders sought suspension of The Hague proceedings until the ICC gave an undertaking that those who appear before it will get a fair trial.

"Irrespective of what transpires at the ICC on Wednesday 15th December, 2010, and in view of the fact that ICC is only a court of last resort, the government will establish a local judicial mechanism in accordance with the Rome Statute within the framework of the new Constitution," the PPS statement said. The statement is viewed as intended to deal with the anger of sections of Kenyans who see the ICC as a political ploy aimed to particular individuals. Many Kenyans have privately said that the ICC is tilted and the whole move is to exclude two leading politicians who intend to run for the presidency in 2012.

MPs David Koech (Mosop) and Jeremiah Kioni (Ndaragwa), sought to discredit the ICC process, claiming that Mr Moreno-Ocampo held secret talks with a senior ODM minister in Nairobi and Washington.

They claimed the ODM bigwig sought to incriminate some individuals and render them ineligible to run for president in 2012. They also criticised ODM leaders for calling for mass action in the aftermath of the election and demanded that they too be prosecuted.

"It is known to us that a senior ODM minister some time ago flew all the way to Washington to hold a meeting with Ocampo. The same minister also had a closed door meeting with the prosecutor when he was in the country recently. This has led us to believe that the Hague process is no longer judicial, but political," Mr Kioni told the local media from a Hotel in Nairobi.

He accused the ODM of rushing to meet the prosecutor secretly "yet some of their people instigated the youth by calling for nonstop mass action". But Mr. Ocampo dismissed the allegation in an interview with a local TV station.

Meanwhile those named will not be jailed as the International Criminal Court Prosecutor Luis Moreno-Ocampo has given conditions that will guarantee freedom to the named suspects.

Ocampo said that he will seek arrest warrants from the Pre-Trial Chamber if the conditions, which range from the suspects frequently informing the ICC judges of their movements to an assurance of not interfering with the witnesses, were flouted.

"Let me be clear. If the suspects do not comply with the conditions set by the chamber, I will request arrest warrants. If there is any indication of bribes, intimidation or threats, I will request arrest warrants," Ocampo said in a statement that was issued by the ICC.

Kenyan security forces have been on full alert all around the country fearing for the worst; the eruption of ethnic violence when the six alleged primary instigators of the 2007 election violence are named.

According to media reports supporters of at least one senior Kenyan, William Ruto, who was minister of both agriculture and higher education, have vowed to make their Rift Valley region "ungovernable" and to unleash a wave of mass violence modeled after the Rwandan genocide. Their motive: to punish their enemies, especially those who have testified against Mr. Ruto, and to prevent Ruto's possible arrest and extradition to The Hague.

The Christian Science Monitor reported earlier in the week that a group calling themselves the "Friends of Hon. William Ruto," a group of 20 prominent Kenyans, including famous marathon runners, prominent businessmen, ex-military officers, and local elected officials, has spent significant portions of the past year obstructing the ICC's investigation, intimidating witnesses, and planning a Rwanda-style ethnic cleansing in the Rift Valley. The aim: to prevent the possible extradition and arrest of their ethnic group's top politician for his alleged role in promoting the 2007-08 post-election violence, according to minutes of the group's meetings and other evidence obtained by the Monitor that is also in the hands of Kenya National Security and Intelligence Service and the ICC.

According to the report The Monitor, along with the Nairobi Star, obtained these documents through several intermediaries earlier this year. The Monitor met with several of the original sources to confirm that the documents were authentic. The identities of the intermediaries and sources are being withheld for their protection, but several of these individuals have agreed to testify before the ICC, and the documents have been received and accepted by both the ICC evidence unit and Kenya's National Security Intelligence Service.

In minutes of their meetings, the "Friends of Ruto," all of them elders from Ruto's Kalenjin ethnic group, agreed that the "Rift Valley should be made ungovernable and difficult for any investigation to take place," in the event that Ruto was arrested.

In the minutes, the leaders planned to organize "over 10,000 elite youth" to help "in dealing with our enemies."

It is, of course, possible that the individuals named as participants in the Friends of Ruto meetings could claim that the words attributed to them were mere bluster. Yet the specificity of the plans suggests that the meetings were more than mere bombast: to recruit, arm, and pay 10,000 young men; to direct their attacks against ethnic enemies such as members of Prime Minister Raila Odinga's Luo tribe and President Mwai Kibaki's Kikuyu tribe; and the continuation of threats against eyewitnesses who testified to ICC investigators.

In the 2007-2008 violence Raila's supporters and Ruto's were allies against the Kikuyu people whom they accused of stealing the vote. Thousands of Kikuyu lost their land in the violence and remain in IDP camps.

The Friends of Ruto, in the minutes of their meetings, betray a profound sense of paranoia about their community and the future of their leader. Their resolutions repeatedly show an ethnic group that sees itself in a battle for its very survival against the politically and economically powerful Kikuyu ethnic group, which has long dominated politics in Kenya.

Their plan appears explicitly genocidal, aiming to kill or force out all Kikuyus and Luos from what they see as Kalenjin land. And the greatest threat, these Kalenjin elders state in the minutes of their meetings, is for them to lose their strongest political voice in Nairobi: Ruto.

The Friends of Ruto, according to the minutes and and to eyewitnesses, are prominent members of the community, including former senior military officers, former and current city and county officials, a radio talk show host, and even famous marathon runners.

One parliamentarian is honored by name for "sending 4 witnesses from the South Rift outside the country to South Africa," a blatant attempt to obstruct the ICC investigation on Ruto's behalf. "The same should apply with the other witnesses who will cooperate."

The one man who is missing from the meetings, of course, is Ruto himself, and thus the ICC will have to find other corroborative evidence to show any connection between Ruto and the Friends of Ruto and their violent plans. Speaking to the Financial Times in a March 10 interview, Ruto said, "... my conscience is clear. . . Every activity that is alleged to have been done in terms of planning of violence or financing of violence or whatever it is, those are issues that I never participated in any way.... A fair process will prove the facts."

"Our leaders worked so hard through the Annan panel of eminent African leaders and made him [Odinga] the prime minister, yet he and his close allies have betrayed the community. He has returned to hound us by supporting ICC investigations and targeting our people through evictions in Mau (Forest).... We will kick out the Luo community from our soil and all tea estates in the Rift Valley making their experience more painful than that of the house of Mumbi [he Kikuyus]," the document extracts published in the monitor reads.

Kenya's Attorney General Amos Wako noted that the ICC cases may not be as strong as Ocampo thinks. Mr. Wako pointed out that evidence compiled in an investigation chaired by Kenyan senior justice Philip Waki in 2008 had been unable to find sufficient evidence to warrant a trial.

"Let me remind you, and in the process also remind the ICC, that the Waki Commission was not sure whether there was enough evidence to meet the threshold required by the ICC or whether the evidence it had collected and which was part of the Waki report was enough," Mr. Wako said recently.

 

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