Photo Source: AP
  1. The ICC Chief Prosecutor has made the ICC an imperfect institution for justice in the world. The fledging legitimacy that ICC has faced since its formation has forced ICC to establish efficacy through the Kenyan case. It must be remembered that the USA has always challenged the legitimacy of the ICC globally and on several occasions threatened to censor the organization. That is why Ocampo and ICC have fallen to the political whims of USA.

  2. The ICC is an inappropriate vehicle of conflict resolution in the world given that the root causes of the Kenyan crisis will not be addressed by the temporal jurisdiction of the ICC and never will this nation of Kenya be same if the case goes further than this current circus where the Chief Prosecutor does not even know where the source of River Nile is. The agony and anguish of all these posturing of Ocampo's case on doctored evidence is that the people of Kenya want the truth and want to stop their nation from sliding into future political infernos.

  3.  The disproportionate and unnecessary external interference  in the internal politics of Kenya as a sovereign state will lead to further chaos in the Kenyan elections of 2012. If the court allows this case to go to a full trial on flimsy and fabricated evidence collected from talk shops in Kenya, the credibility of ICC would fall to the lows of any judicial history. The Chief Prosecutor whose term ends next April 2012 and has nothing positive to prove to the world wants to stretch the Kenyan case to the full and final end. He wants to leave another country in Africa dismembered like what has been done on Libya,Ivory Coast, DRC,and Liberia.

  4. The Presiding Judge seems to be more fascinated and over jubilant  to the extent that she has overlooked the  flawed investigations carried out  by Moreno Ocampo that have killed the route for justice and impartiality of the ICC. The scene confirms Shakespeare’s words that “world is stage where one comes plays and goes". The end game of Ocampo is here. He wants to leave behind a fractured country called Kenya at war. The procedural comments and behavior of the presiding Judge leaves a lot to be desired by those seeing the live scenes on the floor of the Court room. Our organization has always maintained that the chief Prosecutor Moreno Ocampo "cut and pasted the current evidence from a hotel in Nairobi on both cases of Kenya”. It’s now evident that the six Kenyans Uhuru Kenyatta, Francis Muthaura, Ali Hussein, William Ruto, Henry Kosgey, and Sang are on trial in a political court not a legal institution of the world.

  5. Moreno Ocampo wasted over 4 million dollars of international tax payer's money on sunshine holidays and ended up "cooking, doctoring and sexing dossiers with the help of well known NGOs in Kenya that shared the loot on the blood of the dead Kenyans". The film made by Ocampo will be a good thriller when he produces witnesses that are also" cooked and coached to say incriminating things about the above suspects". The ICC cooked evidence and witnesses whose destiny with God now hangs in doubt will not stand scrutiny in the eyes of any intelligent court in the world as seen by yesterday's performance in the court.

  6.  The Political direction that the court has taken on the instructions of certain Western countries especially the USA a nation that has no business with ICC, but has decided to dole punishment to the Government of Kenya led by President Kibaki for its turn to East-policy (China) is very dangerous trend for international criminal  court { ICC). The available evidence shows that there is a direct USA political influence and machinations in the Kenyan case. The political handiwork of the USA is now seen from the floor of the court room worldwide and those who doubted our earlier stand can now see for themselves how the USA through its embassy in Nairobi helped to skew justice in Kenya and cook reports via several NGOs paid by the USA and are based in Kenya.

  7. A cursory look at both cases of Kenya shows that the final released submissions of disclosure in this September 2011confirmation hearing of Ocampo are not very different  from the ones that he submitted in the Pre- Trial Chamber 2 in December 2010. It can easily be read to offer no new evidence and shows that the threshold for these cases at the ICC is missing. Even with the heavy redaction in the December 2010 documents Ocampo has not managed to conceal his flawed dossier. Any able minded person in the world can now see the real truth about the ICC manipulations. The evidence by  Ocampo doesn't show any thread of a pattern of logistical and organizational support that is needed to qualify crimes against humanity, yet the Judges at the ICC continued with such a case.

  8. It is very absurd for the court to continue with a 'facade of lies collected, pasted, and inserted by the Chief prosecutor at the expense of international taxpayer who has footed the fraudulent bill of ICC. The sample of what will flow on the floor was seen on 1st September 2011 when defence lawyers tore and poked holes on the jurisdiction and admissibility of the Kenyan cases.  The charade created by Mr. Moreno Ocampo will sink the ICC to the low levels in terms of international justice.

  9. The Kenyan cases therefore present pragmatic, moral. And legal challenges for the ICC’s existence as an impartial court of Justice in the world.  Based on what is coming out of the ICC in The Hague the case is hinged on political bias driven by western countries that want to dismember a peaceful country in the Great Lakes Region of Africa. The deleterious political consequences and immediate vociferous opposition voiced by those whose leaders have been hurled to The Hague on fabricated evidence is now seen in the regions of Kenya where the 70% of the Kenyan population is found. It will very uncomfortable for any international observer like ourselves to say that there will be a free and fair election in Kenya id leaders of 70% are arraigned for a full trial on trumped up charges built by Ocampo.

  10. The embodiment of epistemology   has been seen in the discourse of global criminal law that informs ICC political interventions in cases like that of Kenya. The case of Libya where the USA ordered the ICC to intervene even when one could not collect evidence during the fighting. This interprets situations of violence through certain categories namely the criminal and the victims and transcendent prosecution like that of Ocampo. In Kenyan case the victims, the criminals the suspects, the perpetrators were all lumped together to the extent that Moreno Ocampo has called ODM and PNU terror groups.
    This has caused shame to both political parties that have now helped to shape the destiny of Kenya.

  11. The Kenyan case is a bootstrapping international operation that was set to tenuously establish the legitimacy of ICC on the troubles of a country that needed healing and reconciliation after the PEV. Mr. Ocampo must be told the truth and only the truth that trying to go round with rumors, hearsay, and elimination of others in the national politics of Kenya shall not solve the Kenyan impunity  and create a state with no impunity.  The truth of the matter which Ocampo and his masters must know is that have that no planning took place but this was rather a spontaneous action that can be resolved by the new mechanisms that both ODM and PNU have put in place in 2011. New constitution, new Chief Justice, and new everything in Kenya now.

  12. The ICC, in imposing its jurisdiction on the Kenyan case could run roughshod over the sovereignty of a nation which is not a failed state. The implications of a full trial on a nation that has economically done well in Africa are many and Kenyans must wake up and choose between a legacy of economic development and fabricated ICC investigations. The Politicization of the Kenyan case by international merchants of conflicts like Moreno Ocampo serves the interests of USA in Africa and must be repelled by all Africans.

  13. The ICC court and Presiding Judge has thrown out of the window the complementarity principle which is at the core of the Kenyan case. Did Ocampo break the principle which is at the core of the Kenyan case by invoking solely Article 15 of the Rome statute?  On top of the flawed investigations the political connotation of the USA has overridden morality of the Court and the independence of the court and a saga stands to play out in the public gallery in most African ICC cases that are before The Hague court. The law of complementarity must be emphasized since it has been undermined by the court in The Hague. The confirmation and trial must be halted because of the political direction and ramifications that will follow on the Kenyan political scene.

  14. The provisions that safeguard and guarantee the states and the domestic legal systems have been pre-empted and consumed in botched investigations and machinations of Ocampo and his international institution. Any lay man in international law knows that ICC comes in when the state parties have completely failed or unwilling to prosecute and handle those cases. The Kenyan new Chief Justice and new institutions are a clear example of the willingness of the Kenyan state to handle the cases.  It must be remembered that it is the duty of the every state under the Rome statute to effectively prosecute international crimes. Those Kenyan NGOs that and experts in Kenya who praise the New Constitution during day time and sing the song of Ocampo when night falls must now walk the talk.

  15. The world must now accept that we were right on Moreno Ocampo. He never investigated the Kenyan case. "THE BEST THE COURT CAN DO NOW IS TO THROW OUT THE CASE AND ALLOW THE KENYA GOVERNMENT TO INVESTIGATE AND PROSECUTE THOSE FOUND TO HAVE BEEN PART OF THE PEV" .Ocampo has left a wide gulf between Justice and injustice and has killed the same ICC that would have delivered comprehensive justice for the victims and suspects in Africa.

  16. The Kenyan case is therefore a political case driven by the USA political waves and its current administration to avenge for reasons known to President Obama and his administration. The Obama administrations have shrunk to levels of village politics where paramount chiefs seek to dole punishment for past African political ghosts that have resurrected in Kenya. For USA to regain credibility in Africa, it must refrain from low level undercurrents where American footprints in The Hague case lead to Washington and Obama's doorsteps. If we are wrong time will tell.


David Nyekorach- Matsanga (PhD)
For and on behalf of Africa World Media Ltd (UK)
www.africaworldmedia.com, www.thelondoneveningpost.com
+44(0)7930901252, +44(0)7969155446, dr.davidmatsanga@yahoo.com
africastrategy@hotmail.com, skype address:  nyekorach 1

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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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