The Former International Criminal Court (ICC) prosecutor Luis Moreno Ocampo together with the Kenyan Government have been badly exposed in a damning report released by ICC prosecutor Fatou Bensouda.
The report claims Ocampo and the Kenyan government hindered the prosecution that led to the dismissal of the charges against President Uhuru Kenyatta and his Deputy President William Ruto and journalist Joshua Arap Sang in 2014 December.
Ocampo has been accused of underestimating powerful Kenyans who, in her account, used all means to bring down the cases mainly through witness intimidation.
“Indeed, Prosecutor 1 (Ocampo) dismissed, without explanation, concerns voiced to him about whether the ICC could take on targets that were powerful, sophisticated, well-funded and organized, given the problems within the Victims and Witnesses Unit (VWU) at the time,” the report reads in part.
Bensouda’s report also alleged that deadlines that we’re set by Ocampo based on considerations other than sound prosecutorial also hindered the entire prosecution process.
“The GoK did not support the OTP investigative activities, instead it either allowed interference with witnesses inside and outside of Kenya and with OTP activities in Kenya, including surveillance of OTP investigators and/or may have been directly involved in such interference,” Bensouda added.
Bensouda also gave information indicating ill acts meted on witnesses who would have helped strengthen the prosecution’s case against the accused.
Bensouda’s statement in the damning report reads, “The witnesses were directly contacted and intimidated, bribed, perhaps even physically harmed or killed. The relatives of these witnesses were also contacted and intimidated or pressured to convince the witnesses to refuse to cooperate with the OTP.”
The report also showed that continued cooperation of the insiders was constantly threatened by witnesses interference and difficulties encountered with the witness protection program during the prosecution time