Kenyan ambassador to the US Elkanah Odembo has reportedly protested at the idea of the ICC prosecutor Louis Moreno Ocampo co-hosting a political discussion on 2012 inthe US. Odembo’s protest is at the instigation of powerful government officials in Nairobi opposed to Friday’s “frank discussion” between Kenyans in the diaspora, ICC officials and select panelists. The topic of discussion is; “peace and justice in Kenya in 2012; how Kenyans in the diaspora can contribute.”
The event is co-organized by the ICC (office of the prosecutor), New York City Bar African Affairs Committee and the Vance Centre of the City Bar. It will be held between 5pm and 7pm at the New York City Bar Association, Stimson Room, 42 West 44th street. “A frank discussion will be held on the interplay between the ICC and the upcoming elections in Kenya in 2012. This interactive event will provide a forum to discuss the role of Kenyans living abroad in contributing to peace and justice in Kenya in 2012,” a flyer emailed to us by Christina Holder, the president of New York City Bar African Affairs Committee says.
By yesterday, it was not clear the exact grounds for Odembo’s protest although sources said it had to do with general theme of alleged political interference with domestic affairs. Reports have since emerged that Ocampo who is scheduled to participate in the discussion alongside incoming prosecutor Fatou Bensouda might have cancelled the event.
Observers had expressed fears that a 2012 election discussion by two top ICC officials before the confirmation of charges decision is predetermines the way the decision will go. This is particularly the fear within the circle of the top ICC suspects. The decisions for both cases- one involving Eldoret North MP William Ruto, Tinderet’s Henry Kosgey and radio journalist Joshua arap Sang and the other involving head of civil service Francis Muthaura, deputy Prime minister Uhuru Kenyatta and former police boss Hussein Ali will be made at the same time.
The decisions are awaited around the 19th of January 2012 but before the January 21st deadline by when they must be made. Other people listed as participants in the discussion are law scholar Prof. Makau Mutua, musician Mashuma Nyatta and actress Lupita Nyongo, the latter whom had not confirmed attendance by the time the flyer was sent to us.
By Friday, Bensouda would be the substantive ICC prosecutor if she is confirmed in the election due to be held today at the 11th session of assembly of state parties to the Rome Statute. The session which starts today ends on December 21st and will also see election of six new judges. Ideally, the prosecutor is supposed to be elected by secret ballot by an absolute majority of the members of the assembly of state parties but the bureau encourages election by consensus. The bureau has already agreed on Bensouda as the consensus candidate.
She will however assume the post on June 16, 2012. She joined the court in September 2004 when she was elected as the deputy prosecutor. Before that, she was working as a legal advisor and trial attorney at the International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania.
She has also been a General Manager of a commercial bank in Gambia, Senior State Counsel, Principal State Counsel, Deputy Director of Public Prosecutions, Solicitor General and Legal Secretary of Gambia and Attorney General and Minister of Justice. As the AG, Bensouda was the chief legal advisor to the president and cabinet of The Gambia. She holds a masters degree in International maritime law and law of the sea.
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