كيني يشتكي أوكامبو

Quote: Ocampo sued A Nairobi businessman has sued the International Criminal Court (ICC) accusing it of operating in Kenya illegally. Joseph Kimani Gathungu moved to the high court in Mombasa seeking orders to stop it from operating in Kenya. Kimani wants ICC prosecutor Moreno Ocampo also stopped from operating in Kenya, as his activities are not provided for in the new constitution. Represented by Gikandi Ngimbuini, the plaintiff argues in his affidavit that International Crime Act was not part of Kenya. "The constitution is the supreme law of the land and our constitution does not recognize the ICC as a competent court in Kenya," he said. He argues in his affidavit that to allow ICC to operate in Kenya violates the letter and spirit of the constitution. "To allow the ICC to operate in Kenya amounts to surrender of sovereignty of Kenya to foreigners which is untenable," says Kimani. Separation of powers He says the constitution has a clear separation of powers between the legislature, the executive and the judiciary with the legislature having the role of legislating and the executive to provide for investigation. Kimani says contrary to these facts ICC undertakes the investigation roles, prosecution roles and adjudication roles less than one roof which violates the rules of natural justice Under the new constitution the ICC is neither a court nor a tribunal that has been established under the constitution, which was promulgated on August 27 this year. Judicial authority in the people of Kenya He says the agreement signed between ICC and the Government was illegal because the new constitution vests all judicial authority in the people of Kenya. The people of Kenya have delegated their authority to be exercised by all courts and other tribunals expressly provided in the constitution. He feels Ocampo should not be allowed to operate in Kenya because Kenyans wants reconciliation of their differences than punitive measures. He commends minister for Justice Mutula Kilonzo for having the same feelings he has been harbouring that the new constitution can deal with the local matters better than the ICC