Does the chief prosecutor,Mr Luis Moreno Ocampo,have a strong case on the kenyans suspect to warrant confirmations?

The curtain has fallen on the confirmation hearings of the kenya’s cases at the International Criminal Courts.They were concluded with the second case being folded on 5th October.Now the judgement of the hearings lies solely with the pre-trial chamber’s independent judges.The decision option they do have is to either confirm the charges,call for further investigations,or,dismiss the cases all together.

But,during the hearings ,we washed our dirty linen in public.While some may argue that this will ensure justice for the victims of post election violences,the hearings portrayed Kenya as a country whose systems have failed and it’s citizens are at war with each other.

The confirmation hearings ,is the second phase procedure of the International Criminal Courts,where the chief prosecutor lays his case ,plus the evidence before the pre-trial judges.The court’s law statutes acts as the guide,while the judges acts as the filters to determine whether the prosecutor’s case meets the courts threshold.

The suspects are also given a chance to make their submissions to counter the prosecutor’s allegations..It’s a phase where the prosecutor tries to impress the judges to confirm the cases, the judges allowed him to investigate, with the evidence he has collected.

And,with the chief prosecutor ,Luis Moreno Ocampo,having submitted his cases which he has built, to the judges ,plus it’s evidence,the final decision now lies with them to give the direction.The judges will go through all the submissions forwarded by both parties before making a conclusion.

During the confirmation hearings at the Courts,a lot of drama unfolded ,accusation and counter-accusation characterized the sessions.It was a moment pitched on a high tent,and, a moment to watch,as the defence team combative lawyer,Karim Khan ,going overboard in his characteristic manner accusing the prosecutor of conducting his prosecution cases as if it’s a soap opera being staged in Boenous Aires ,Mr.Ocampo’s hometown .The defence lawyer also told him that he is pampering his allegations with all manner of sunday best clothes which are all being directed by malice.

The prosecution tried it’s best to put it’s best foot forward in trying to convince the judges that they do have a watertight case which meets the necessary threshold.These is coupled by sustainable evidence to commit the alleged suspects to full-trials.The chief prosecutor built his case after he carefully analyzed key reports that had analyzed the post election violences and had recommended for further investigations on a number of key suspects who were adversely mentioned.The prosecutor tried to convince the judges to commit the suspects to trials as they were criminally responsible ,where they planned,financed and facilitated the committing of various crimes against humanity including murders,rape,inflicting injuries,wanton destruction of property and forceful displacements and evictions.

But,the defence teams have staged a spirited chereo-graphed fight in countering the prosecutor’s allegations.They mark marked each an every step,inch and allegation he tried to put.In their strategies to stop him in his tracks they have perforated and poked holes in his allegations.They accused him of conducting shoddy investigations of which he didn’t investigate for himself ,and,overall it was a selective case which can’t meet the necessary threshold to constitute a case,or, for it to be confirmed as it is based on hear says.Through their defence teams the suspects denied the accusations of any involvement in the crimes they have been alleged to have committed.It is to be noted that the prosecutor accuses them of bearing the heaviest responsibility over the post election violences.

But,does the prosecutor have a strong case to warrant confirmations?While analyzing the confirmation hearings ,most observers have queried the chief prosecutor’s case and his evidence.To their arguement the prosecutor’s allegations have fallen short of their expectations,and,what they thought was a strong case that was being built by the prosecutor have deemed their hopes.They described it as not as watertight as they thought and what Mr.Ocampo, kept on promising.The defence teams are easily countering it,perforating and knocking it down stitch by stitch.

After vowing publicly that Kenya will be a test case and an example to other african countries ,as he tried to built his case,so many kenyans believed him as they thought that he must have built a strong case against the suspects.But,alas,come the day of spilling the beans ,what was in the public domain is what he brought forward which was being dislodged by the defence teams with much ease.

Although it is too early to predict the outcome of the cases,or,the course they might take ,to most observers ,the chief prosecutor came out as a wounded lion.Most observers likened him as a person who seeks publicity,a populist,at the behest of being a silent operator.He only submits public statements at the expense of working behind the scenes to built a strong case.

This counter criticism has come at a worst time of his career which is coming to an end in December,where his span at International Criminal Courts has being the subject of scrutiny.It has being argued that in all the cases he has brought to the chamber ,he hasn’t built a strong case to warrant a conviction.

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