NAIROBI, Kenya, Apr 20 – Two Kenyan traders have now filed a case at the High Court seeking to block four Kenyans facing charges before the ICC from co-operating or subjecting themselves to the Hague-based court.
Jackson Mwangi and James Ndirangu Kuria also want the High Court to compel International Criminal Court Prosecutor Luis Moreno Ocampo to reveal the names of all suspects contained in an envelope handed over to him by former UN chief Kofi Annan on July 9, 2009.
The two businessmen claim that unless Ocampo releases the names, a case they had previously filed that sought to stop the government from co-operating with ICC will be prejudiced. That initial case is pending and due to be heard on May 18.
The two have named Deputy Prime Minister Uhuru Kenyatta, former Head of Civil Service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua arap Sang as interested parties. The four are facing trial at The Hague.
“That the court should declare that it was illegal and unlawful for the Waki Commission into Post Election Violence to conceal the names of persons bearing the greatest responsibility for the post election violence to the appointing authority, Parliament and the public,” the two say in a petition before the court.
“The fact that these names have never been released has enabled the suspects whose names were not revealed to evade justice and a revelation of their names will help to trigger investigations against them.”
They claimed that such a revelation will act as a deterrent of future violence; it will promote public accountability and openness as envisaged in our Constitution.
They contend that any law or regulation that contradicts the Constitution should be declared illegal and unlawful.
“Unless those orders are granted there would be a great chance that the four accused Kenyans shall perpetrate illegality and subvert constitutionalism by cooperating with an entity that counters the supreme law,” they said.
The matter is due before Justice Isaac Lenaola on Friday afternoon.