MONDAY January 23rd from 1:30pm Kenyan time is D-day. That is when the ICC judges will deliver their verdict on whether or not to confirm charges against the Ocampo Six suspected of financing and directing the 2007 post election violence. The suspects—head of civil service Francis Muthaura, deputy Prime Minister Uhuru Kenyatta, former police boss Hussein Ali, Eldoret North MP William Ruto, Tinderet’s Henry Kosgey and radio journalist Joshua arap Sang — will however have known the decision of the judges before it is delivered in open court.

Ruto, Kosgey and Sang have three charges of committing crimes against humanity including murder, forcible transfer of population and persecution. Uhuru, Muthaura and Ali are faced with five charges including murder, forcible transfer of population, rape, persecution and other inhumane acts.

An advisory put up on the court’s website yesterday says the suspects and their lawyers, will therefore not be required to be present at the Hague. “The decisions will be notified in writing to the parties and participants in both cases. Thereafter, the Judges of Pre-Trial Chamber II will appear publicly in Courtroom I at 11:30 (The Hague time) for the sole purpose of informing the public about the outcome of their decisions,” the advisory read.

Yesterday the ICC outreach officer based in Nairobi, Mariah Kamara said the judges will only read out a summary of their lengthy ruling. The full text will be posted on the ICC website. ICC prosecutor Luise Moreno Ocampo will thereafter hold a media conference at 3pm on Monday to respond to the ruling.

The ICC has also organized a video conference between journalists and ICC court legal experts on the ruling immediately after the ruling is delivered. The video conference will take place at Safari Park hotel. “It is important that the decisions are explained properly. In this respect we will organize a video conference with the legal experts so that they can give their legal analysis of the decision,” Kamara told the Star. The decision will bring an end months of anxiety for the suspects and their families as well as growing speculation by the public about the possible outcome and what it means for Uhuru and Ruto who have bothe declared their intention to run for the presidency.

Both men have in recent days been insisting that the outcome of the court decision will not derail their presidential campaigns. Yesterday, Uhuru admitted that the ICC matter had taken a toll on him and his family. He however said he will accept the judges decision and asked his supporters to remain calm, whatever the outcome of the court. “It has been a heavy load to me and my family especially because I have been accused of things that I have not done.

But my spirit is strong and no matter how long it will take, my name will be cleared and justice will be done. I will follow and adhere to all the court’s requirements. “My kids saw what happened and they together with my larger family know me well. I have nothing to fear and l appeal to Kenyans to remain calm whether I will be indicted or not. I also plan to continue pursuing my political ambitions despite the case,” Uhuru said in an interview with the BBC.

Civil society groups yesterday asked President Kibaki to immediately suspend him, Muthaura and Ali should they be indicted by the ICC. They asked the suspects vacate office on their own volition if the charges against them are confirmed as they had personally promised to do on December 15, 2010.

Addressing a press conference held under the auspices of the umbrella organisation Kenyans for Peace with Truth and Justice, the civil society groups described it as “sad and unacceptable” that the three suspects of crimes against humanity had continued to hold public offices and some had even shown interest to vie for presidency before they were cleared by the ICC. “This is long overdue.

Our new constitutional standards require that a state officer should bring honour and dignity to the nation and promote confidence in the integrity of the particular office,” said Atsango Chesoni. The civil society groups said they will also accept the ruling of the ICC whether the charges against the six suspects were confirmed or not.

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