How Ocampo played a part in failing to bring justice to post-election victims

Former ICC Prosecutor Luis Moreno Ocampo had a hand in bungling justice for Kenya's 2007-2008 post election violence victims, according to a report by French outlet Media Part.

The French investigative website has revealed how Ocampo played behind the scenes in the ruling of President Kenyatta’s case in a bid to save face.

The claim by the International Criminal Court that Kenya was not cooperative during the hearing of President Uhuru Kenyatta’s case on crimes against humanity was an attempt by the court to save face.

The online publication said Mr Ocampo advised one of the lawyers to denounce Kenya’s lack of cooperation and request a postponement of the case.

“Blame them [Kenya] before they blame the prosecutor, we need to defend the office of the prosecutor.

"If they filed before us that the case should be dismissed for lack of evidence we will be badly exposed,” a leaked email by Mr Ocampo sent to Sara Criscitelli, who works in ICC, reads.

Mr Ocampo is blamed for interfering with the case that was decided on December 2014, despite leaving the court on June 2012.

Even so, Kenya’s Attorney-General at the time brushed off the claims urging ICC to stop showing contempt for Kenya’s judicial order.

Bensouda-Ocampo communication

Current Chief Prosecutor, Ms Fatou Bensouda said that she encountered hurdles while attempting to get the government to cooperate, affecting the course of justice for the victims in the case.

Media Part claims that on February 2013, Ms Bensouda contacted Mr Ocampo to have a discussion before President Kenyatta’s case took place.

“Thanks again Luis, I will arrange to call you as soon as possible. The chamber has called for a status conference on the 5th in the Kenyatta case, I would like us to speak before then if it is okay with you,” read the email purported to be sent by Ms Bensouda to Mr Ocampo.

Ms Bensouda has however rubbished claims of having sought any advice from Mr Ocampo in any of the cases.

Change of tune

Mr Ocampo had in 2012 encouraged his former colleagues at ICC to push forward the case against Kenyatta despite a lack of evidence.

However, he changed tune when President Kenyatta won the presidency in 2013 and he asked the prosecution to give him “an honourable exit” from the trial due to the fact it was a “weak case”.

In an email sent to the former United Nations General Secretary Kofi Annan who had been appointed by the African Union to head up a dialogue and reconciliation process for Kenya, Mr Ocampo says that it was time to let President Kenyatta go .

“I think it is time to find an honourable exit for Kenyatta,” read part of an email that Mr Ocampo sent to the former United Nations General Secretary Kofi Annan who had been appointed by the African Union to head up a dialogue and reconciliation process for Kenya

It was later followed by a postponement of President Kenyatta’s trial that was scheduled for November 12, 2013.

Compensation

The outlet also alleges Mr Ocampo then met with Mr Macharia Kamau, a Kenyan Permanent Representative to the US a day later to discuss Mr. Kenyatta's exit strategy. It was at this meeting where Ambassador Kamau advised President Kenyatta to offer compensation to the victims.