The Standard | ICC: Kibaki directs AG to form legal team
By Roseleen Nzioka
President Mwai Kibaki on Monday directed the Attorney General to constitute a legal team to study the ruling by the International Criminal Court regarding the six Kenyan post-election violence suspects and advice on the way forward.
The President was reacting to a ruling made by three Judges of the pre-trial chamber of the ICC who
confirmed charges against four of the six Kenyan suspects claimed to have played the biggest role in the post-polls chaos of 2007/2008.
The four will stand trial for allegedly orchestrating a deadly wave of violence after their country's disputed 2007 presidential election.
Addressing the nation from his Harambee House office a few hours after the ruling from The Hague, President Kibaki said the country has a new constitution that espouses an enhanced criminal justice system.
The President said with the new Constitution, Kenya now has a "radically" transformed judiciary system as well as a functional witness programme along with a police service that is undergoing reforms.
Kibaki said the reformed institutions would ensure "justice for all at all times."
He said that although Kenyans have had their share of challenges in recent times, they have moved forward in unity.
"We continue to rededicate ourselves to assist the displaced," said the president adding that he had directed all relevant government ministries to resettle the internally displaced Kenyans who are still living in camps around the country.
He asked Kenyans to rededicate themselves to reconciliation and forgiveness adding that he had a personal commitment to bequeath a "secure, united and peaceful country."
The ICC decision was made
through a majority vote of two Judges compared to one who rejected the confirmation. Presiding Judge Ekaterina Trendafilova and Cuno Tarfusser confirmed the cases against the four suspects but Peter Hans Kaul opposed the charges.
Judge Kaul argued that the charges against the suspects do not meet crimes against humanity.
The Presiding Judge however said the four suspects are still innocent and that ICC Prosecutor will have to prove beyond any reasonable doubt that the accused persons are linked to the charges against them. The suspects are also free to appeal against the decision. The trial will be done by a different set of Judges to be constituted by the President of ICC.
Among the four suspects sent for trial were Deputy Prime Minister and Finance Minister Uhuru Kenyatta and Eldoret North MP Minister William Ruto, who both are planning to run for the presidency.
Radio broadcaster Joshua Arap Sang and Head of Civil Service Francis Muthaura also had charges against them confirmed.
Two others suspects, former Minister of Industrialization Henry Kiprono Kosgey and and Post Master General Hussein Ali were cleared of the charges against them.
None of the suspects was in court for hearing at which Presiding Judge Ekaterina Trendafilova read out a summary of the decision to commit four suspects for full trial on charges including murder, persecution and forcible transfer of people.
The suspects will remain free in Kenya until the trials start. Trendafilova stressed that the decisions do not mean guilty verdicts against the suspects, and that they remained innocent until proven otherwise.
Immediately after the ruling had been made, Mr Ruto held a press conference at his Karen residence in Nairobi, where he insisted on his innocence and said his legal team would be looking at their options.
Ruto said he would always be a stranger to the allegations against him by the ICC.
More than 1,000 people were killed in post-election violence in Kenya between December 2007 and January 2008 after the electoral body declared President Mwai Kibaki the winner.
Crimes Ocampo claims suspects committed
Deputy Prime Minister Uhuru Kenyatta
He is facing charges of crimes against humanity relating to post-election violence in Nakuru and Naivasha in January and February 2008. He was accused of mobilising the outlawed Mungiki group to attack ODM supporters. He is jointly charged with Public service chief Francis Muthaura and former police boss Gen Hussein Ali.
Together with Head of Public Service Francis Muthaura and Postmaster General Hussein Ali, Uhuru is charged with five counts of crimes against humanity. They include murder, deportation or forcible transfer of a population, rape and other forms of sexual violence, persecution and inhumane acts.
ICC prosecutor Luis Moreno-Ocampo claimed that Kenyatta, as a supporter of President Kibaki, planned, financed, and coordinated the violence perpetrated against the perceived supporters of the President’s rival during post-election violence from 27 December 2007 to 29 February 2008. He is also alleged to have used the Mungiki.
Eldoret North MP William Ruto
He is accused of planning and organizing crimes against PNU supporters. Together with Henry Kosgey, and Joshua Sang, faces charges with three counts of crimes against humanity. They include murder, deportation or forcible transfer of population and persecution, all which constitute a crime against humanity in violation of article 7 (1) (a) (d) and (h) of the Rome Statute.
Joshua Arap Sang
He is the head of operations at the radio station Kass FM, was accused of using his radio broadcasts to send messages of assistance to those committing acts of violence against PNU supporters. He is alleged to have had a role in the organisation of crimes against PNU supporters by using his radio show both to gain support and also to communicate by code to the members of the network.
Head of Public Service Francis Muthaura
As the Cabinet secretary and chairman of the National Security Advisory Committee, was accused of authorising the police to use excessive force against ODM supporters and to facilitate attacks against the opposition. Moreno-Ocampo claimed Muthaura and Uhuru hatched a plan to use an ad hoc organisation comprising Mungiki militia and the police to execute retaliatory attacks.
This was planned during meetings that allegedly took place at State House and Nairobi Members’ Club. He added that Muthaura instructed then Police Commissioner Hussein Ali to ensure the police did not intercept Mungiki as they unleashed terror in Nakuru and Naivasha between January 24 and 31, 2008
Tinderet MP Henry Kosgey
He was accused of planning and organizing crimes against supporters of Party of National Unity (PNU). Together with his co-accused former minister William Samoei Ruto and radio presenter Joshua arap Sang, allegedly established a network with the goal of gaining power in the Rift Valley Province by committing crimes against supporters of the PNU.
It is alleged that after the disputed presidential election of December 2007, members of this network allegedly attached PNU supporters’ homes, killing and torturing civilians, and driving them from their homes. A witness alleged that Kosgey attended planning meetings of the alleged network.
Maj-Gen (rtd) Mohammed Hussein Ali
He is the former Commissioner of Police was accused of facilitating attacks against supporters of the ODM. However, the Chamber ruled that his contribution was not essential to the commission of the crimes and so he was charged with having otherwise contributed to the same crimes.
The ICC Prosecutor alleged that Ali, together with Head of Public Service and Cabinet Secretary Francis Muthaura and Deputy Prime Minister Uhuru Kenyatta developed and executed a plan to attack perceived ODM supporters in the aftermath of the disputed 2007 elections.
The Prosecutor further alleged that that Ali, in his role as Commissioner of the Kenya Police, personally authorised the use of excessive force in attacks against ODM supporters.
COURTESY The Standard Media Group
By Roseleen Nzioka
President Mwai Kibaki on Monday directed the Attorney General to constitute a legal team to study the ruling by the International Criminal Court regarding the six Kenyan post-election violence suspects and advice on the way forward.
The President was reacting to a ruling made by three Judges of the pre-trial chamber of the ICC who
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| President Mwai Kibaki addressed Kenyans in a live televised event on Monday after the ruling by the International Criminal Court regarding the six Kenyan post-election violence suspects. Photo/Standard |
The four will stand trial for allegedly orchestrating a deadly wave of violence after their country's disputed 2007 presidential election.
Addressing the nation from his Harambee House office a few hours after the ruling from The Hague, President Kibaki said the country has a new constitution that espouses an enhanced criminal justice system.
The President said with the new Constitution, Kenya now has a "radically" transformed judiciary system as well as a functional witness programme along with a police service that is undergoing reforms.
Kibaki said the reformed institutions would ensure "justice for all at all times."
He said that although Kenyans have had their share of challenges in recent times, they have moved forward in unity.
"We continue to rededicate ourselves to assist the displaced," said the president adding that he had directed all relevant government ministries to resettle the internally displaced Kenyans who are still living in camps around the country.
He asked Kenyans to rededicate themselves to reconciliation and forgiveness adding that he had a personal commitment to bequeath a "secure, united and peaceful country."
The ICC decision was made
through a majority vote of two Judges compared to one who rejected the confirmation. Presiding Judge Ekaterina Trendafilova and Cuno Tarfusser confirmed the cases against the four suspects but Peter Hans Kaul opposed the charges.
Judge Kaul argued that the charges against the suspects do not meet crimes against humanity.
The Presiding Judge however said the four suspects are still innocent and that ICC Prosecutor will have to prove beyond any reasonable doubt that the accused persons are linked to the charges against them. The suspects are also free to appeal against the decision. The trial will be done by a different set of Judges to be constituted by the President of ICC.
Among the four suspects sent for trial were Deputy Prime Minister and Finance Minister Uhuru Kenyatta and Eldoret North MP Minister William Ruto, who both are planning to run for the presidency.
Radio broadcaster Joshua Arap Sang and Head of Civil Service Francis Muthaura also had charges against them confirmed.
Two others suspects, former Minister of Industrialization Henry Kiprono Kosgey and and Post Master General Hussein Ali were cleared of the charges against them.
None of the suspects was in court for hearing at which Presiding Judge Ekaterina Trendafilova read out a summary of the decision to commit four suspects for full trial on charges including murder, persecution and forcible transfer of people.
The suspects will remain free in Kenya until the trials start. Trendafilova stressed that the decisions do not mean guilty verdicts against the suspects, and that they remained innocent until proven otherwise.
Immediately after the ruling had been made, Mr Ruto held a press conference at his Karen residence in Nairobi, where he insisted on his innocence and said his legal team would be looking at their options.
Ruto said he would always be a stranger to the allegations against him by the ICC.
More than 1,000 people were killed in post-election violence in Kenya between December 2007 and January 2008 after the electoral body declared President Mwai Kibaki the winner.
Crimes Ocampo claims suspects committed
Deputy Prime Minister Uhuru Kenyatta
He is facing charges of crimes against humanity relating to post-election violence in Nakuru and Naivasha in January and February 2008. He was accused of mobilising the outlawed Mungiki group to attack ODM supporters. He is jointly charged with Public service chief Francis Muthaura and former police boss Gen Hussein Ali.
Together with Head of Public Service Francis Muthaura and Postmaster General Hussein Ali, Uhuru is charged with five counts of crimes against humanity. They include murder, deportation or forcible transfer of a population, rape and other forms of sexual violence, persecution and inhumane acts.
ICC prosecutor Luis Moreno-Ocampo claimed that Kenyatta, as a supporter of President Kibaki, planned, financed, and coordinated the violence perpetrated against the perceived supporters of the President’s rival during post-election violence from 27 December 2007 to 29 February 2008. He is also alleged to have used the Mungiki.
Eldoret North MP William Ruto
He is accused of planning and organizing crimes against PNU supporters. Together with Henry Kosgey, and Joshua Sang, faces charges with three counts of crimes against humanity. They include murder, deportation or forcible transfer of population and persecution, all which constitute a crime against humanity in violation of article 7 (1) (a) (d) and (h) of the Rome Statute.
Joshua Arap Sang
He is the head of operations at the radio station Kass FM, was accused of using his radio broadcasts to send messages of assistance to those committing acts of violence against PNU supporters. He is alleged to have had a role in the organisation of crimes against PNU supporters by using his radio show both to gain support and also to communicate by code to the members of the network.
Head of Public Service Francis Muthaura
As the Cabinet secretary and chairman of the National Security Advisory Committee, was accused of authorising the police to use excessive force against ODM supporters and to facilitate attacks against the opposition. Moreno-Ocampo claimed Muthaura and Uhuru hatched a plan to use an ad hoc organisation comprising Mungiki militia and the police to execute retaliatory attacks.
This was planned during meetings that allegedly took place at State House and Nairobi Members’ Club. He added that Muthaura instructed then Police Commissioner Hussein Ali to ensure the police did not intercept Mungiki as they unleashed terror in Nakuru and Naivasha between January 24 and 31, 2008
Tinderet MP Henry Kosgey
He was accused of planning and organizing crimes against supporters of Party of National Unity (PNU). Together with his co-accused former minister William Samoei Ruto and radio presenter Joshua arap Sang, allegedly established a network with the goal of gaining power in the Rift Valley Province by committing crimes against supporters of the PNU.
It is alleged that after the disputed presidential election of December 2007, members of this network allegedly attached PNU supporters’ homes, killing and torturing civilians, and driving them from their homes. A witness alleged that Kosgey attended planning meetings of the alleged network.
Maj-Gen (rtd) Mohammed Hussein Ali
He is the former Commissioner of Police was accused of facilitating attacks against supporters of the ODM. However, the Chamber ruled that his contribution was not essential to the commission of the crimes and so he was charged with having otherwise contributed to the same crimes.
The ICC Prosecutor alleged that Ali, together with Head of Public Service and Cabinet Secretary Francis Muthaura and Deputy Prime Minister Uhuru Kenyatta developed and executed a plan to attack perceived ODM supporters in the aftermath of the disputed 2007 elections.
The Prosecutor further alleged that that Ali, in his role as Commissioner of the Kenya Police, personally authorised the use of excessive force in attacks against ODM supporters.
COURTESY The Standard Media Group
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