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Thursday, April 7, 2011

Ruto, Kosgey & Sang case: Initial ICC appearance, 7 April 2011



On 7 April 2011, Pre-Trial Chamber II of the International Criminal Court (ICC) set the date of the beginning of the confirmation of charges hearing in the case of The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang for 1 September 2011.

This decision was announced at the initial appearance of William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang before the ICC. During this hearing, in the presence of the Prosecutor and the suspects, assisted by their Defence teams, Pre-Trial Chamber II verified the identity of the suspects and ensured that they were clearly informed of the crimes which they are alleged to have committed and of their rights under the Rome Statute of the ICC.

A confirmation of charges hearing is held to determine whether there is sufficient evidence to establish substantial grounds to believe that each suspect committed each of the crimes being charged. If the charges are confirmed, the Pre-Trial Chamber commits the person to trial before a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.

During the hearing, the Presiding Judge also stressed that:

"It came to the knowledge of the Chamber by way of following some articles in the Kenyan newspapers that there are some movements towards retriggering the violence in the country by way of using some dangerous speeches. I would like to remind the suspects - and I'm not referring to anyone in particular but this is a general point to be made to all the suspects - that such type of action could be perceived as a sort of inducement which may constitute the breach of one of the conditions set out in the summonses to appear, namely, to continue committing crimes within the jurisdiction of the Court. Accordingly, this might prompt the Chamber to replace the summonses to appear with warrants of arrest (…).

For further information and updates on this case, click here.

Tuesday, April 5, 2011

Neo-Colonization of Kenya: the return of Imperialists as ICC Tribunal charges the Ocampo 6

Counsels, Sir Geoffrey Nice Q.C. and Rodney Dixon, Barrister-at-Law, on behalf of the Government of Kenya, filed an application pursuant to Article 19 of the Rome Statute establishing the International Criminal Court (ICC), respectfully requesting the Pre-Trial Chamber to determine that the two cases currently before the ICC are inadmissible before the ICC,"
ARE COUNSELS NICE AND DIXON KENYAN?

On 12th February, 2009, Most members of parliament, especially allies to Ruto and Uhuru voted for the Hague and not the formation of a local tribunal. They were very categorical in wanting the Hague process to deal with the post election violence.
ARE PRO-RUTO AND PRO-UHURU ALLIES CONDONING NEO-COLONIZATION?

The Armenian brothers Artur Margaryan and Artur Sargsayan, who hail from Armenia, former USSR, claim that President Kibaki and other top Government officials knew about 'The Standard Media' raid. One of the two infamous Armenian Artur brothers who commandeered The Standard Group raid in 2006 has for the first time directly implicated President Kibaki. Read More
SO, WHO IS ENGAGING OR HIRING FOREIGN MERCENARIES?


Kenya secretly sent four terrorism suspects to Uganda after the World Cup bomb blasts in violation of Kenyan law, and FBI agents interrogated three of them in a manner that broke human rights. The four Kenyans — Hussein Hassan Agade, Idris Magondu, Mohamed Adan Abdow, and Mohamed Hamid Suleiman — were arrested from different locations in Kenya following the July 11 attack that killed 76 people as large crowds watched the World Cup final on TV. Kenya circumvented its own extradition laws to send the four suspects to Uganda.
WHY DID THE KENYAN GOVERNMENT EXTRADITE THEIR OWN CITIZENS TO A FOREIGN COUNTRY?

Even as the government fights to have the Kenya case at The Hague deferred, calling it neo-colonization, some of the Ocampo 6, namely Deputy Prime Minister Uhuru Kenyatta, former Police Commissioner Hussein Ali and Head of Public Service Francis Muthaura have actually enlisted the services of international lawyers. Mr Muthaura had sought the services of British lawyer Karim Ahmad Khan who in 1996, led Mr Taylor's defence. Maj-Gen (rtd) Ali had enlisted the services of Canadian John Philpot on his team. And DPM Uhuru Kenyatta has sort the legal expertise of British lawyers Steven Kay and Gilian Kay Higgins who defended Mr Milosevic, the former Yugoslav president. Interestingly, it was Mr Steven Kay who successfully advised the Liberian government on how to secure an arrest warrant against Mr Taylor. Read More
WHY HIRE LAWYERS FROM OUR COLONIAL MASTERS? AREN'T THE KENYAN LAWYERS ON THE LEGAL TEAMS COMPETENT ENOUGH?

Monday, March 28, 2011

Four ODM ministers targeted in new investigations into the 2007/8 Post Election Violence

SEVEN politicians including four ODM ministers are among over 3,000 individuals being pursued by investigators after Police Commissioner Mathew Iteere in August last year ordered the reopening of the 2007-08 post election violence files.

Investigations by The Star reveal one of those being pursued is a prominent member of the ODM elections think tank popularly known as the Pentagon.

There are two cabinet ministers from the Rift Valley, two ministers from Nyanza, an MP from Busia County and a Naivasha politician. It has also emerged that one of the Ocampo Six suspects is preparing to implicate Prime Minister Raila Odinga in the violence by adducing video evidence showing the ODM Leader urging the tenants not to vacate houses they seized from the rightful owners at Kiang'ombe in Kibera.

The suspect’s lawyers have armed themselves with edited video materials to be presented as exonerating evidence before the ICC Pre-Trial Chamber next week.

Police Spokesman Erick Kiraithe confirmed fresh investigations into the post-election violence are going on but could not say exactly when they will be concluded. “It is true the Police Commissioner ordered the reopening of those cases in August last year. As to whether the people involved are prominent or not, it doesn’t matter to the police as crime is crime,” Kiraithe said.

He said those cases where investigations are concluded with water-tight evidence will be prosecuted immediately. “We are pursuing water-tight evidence on all the over 3,000 cases and we hope to take people to court,” he said.

The ICC has summoned Deputy Prime Minister Uhuru Kenyatta, suspended Cabinet ministers William Ruto and Henry Kosgey, Head of Public Service Francis Muthaura, Postmaster General and former Commissioner of Police Hussein Ali, and Kass FM presenter Joshua arap Sang who were named by the Chief Prosecutor Luis Moreno Ocampo.

A technical committee appointed by Attorney General Amos Wako in 2008 to evaluate the post-election violence cases dismissed most of them. The only two cases presented to court were dismissed for lack of evidence.

The cases involved a police officer, who was allegedly caught on camera shooting a protester, and those who torched Kiambaa Church in Eldoret, killing 13 women and children.

Yesterday Ndaragwa MP Jeremiah Kioni said that PNU will demand the official release of the raw Kenya National Commission on Human Rights investigations draft report. “We want to pursue this matter to the furthest limit. And therefore we are demanding the release of the undoctored KNCHR report,” Kioni said.

He said PNU will pursue legal means to compel Justice Philip Waki to hand over to the police the list of names secretly given to Moreno Ocampo inside the famous brown envelope.“The list had 10 names. Now that we are preparing for local investigations and trials of these cases, what Waki hid in the list should be made public,” Kioni said. Kioni said there is a need to investigate the ODM Pentagon to ascertain their role in the post-election violence.

Raila, Deputy PM Musalia Mudavadi and ministers Charity Ngilu, Najib Balala, Joseph Nyaga and suspended minister William Ruto were members of the Pentagon.

The organ that drove Raila’s presidential campaign machinery in 2007 is said to have been responsible for ordering mass action in which hundreds of youths took to the streets in the affected regions.

One ODM Cabinet minister says that two of the Pentagon members put pressure on Raila to declare himself President and be sworn in as happened in the Ivory Cost recently.The members of the Pentagon pursued the idea at an ODM PG meeting at Orange House on December 30, 2007.

The move to reopen the post-election violence investigations is part of the government’s plan to signal to the world that something is being done to prosecute the perpetrators and deliver justice to the victims. According to the police source, the Ocampo Six will also be probed afresh.

Over 1,300 people were killed and 350,000 displaced as violence rocked the country’s six out of eight provinces. Kiraithe added that police can confirm that crimes were indeed committed and that action must be taken.“People were killed, raped, maimed some were shown on camera slashing and killing or burning houses. The police cannot pretend that nothing happened,” Kiraithe said. But neither the Police Commissioner nor the police service will be drawn into ongoing politics over the matter, Kiraithe said.

Police commanders in the affected regions have been ordered to reopen the cases and pursue those who may have fled after being notified of the investigations against them.

Cherangany MP Joshua Kuttuny yesterday said that it will be difficult for ODM to escape blame given the naming of the party chairman Henry Kosgey among the suspects.“We know that the party is just realising they have a lot to answer. In fact, how can they not when its chairman and deputy party leader are said to have been involved,” Kuttuny said.

The vocal legislator described as an attempt to carry out acts of espionage against the suspects the ODM decision to hire lawyers for Ruto, Kosgey and Sang.

This week Budalangi MP Ababu Namwamba is expected to table a fresh bill seeking to initiate a local tribunal in Kenya.“This bill will be ready next week (this week). It will be a bill that passes the international threshold,” Namwamba said last week. He reiterated that ODM will not accept police investigations and said only outsourced credible prosecutors will be accepted.

Isaac Ongiri
The Star

KENYA TWICTIONARY

A Twictionary for Kenya Tweeters

Blogotweet - Boggers who Tweet
Twictivism - Twitter activism
Kenyatwity - about Kenya
Kenyapolitweet - about Kenya Politics
Twicampo6 - about the Ocampo six
TwICC - about ICC and Hague Politics
Twibaks - about Emilio Mwai Kibaki
Twigwambo - about Raila Agwambo Amollow Odinga
Wipeet (wipe-it) - about Wiper Kalonzo Musyoka

Saturday, March 26, 2011

STATEMENT BY HER EXCELLENCY MRS. LUCY KIBAKI, E.G.H., THE FIRST LADY OF THE REPUBLIC OF KENYA.

I (Mrs. Lucy Kibaki) reside at State House.

As Kenyans will recall, various claims attributed to Kalonzo Musyoka have been reported in the Wikileaks cables (read it here) and published in the local media in the recent past.

In some of these cables Kalonzo Musyoka is reported to have discussed residential matters of the First Family and made innuendos regarding the composition of the same family.

In the said leaks, Kalonzo Musyoka is said to have alleged that I do not reside at State House adding that I moved to State House when I learnt there were night meetings taking place there.

I wish to inform Kenyans that this is barefaced falsehood. As all Kenyans are aware, I have been resident at State House where I have conducted my duties and responsibilities as the spouse of the President.

It is also from State House that I have continued to undertake my charitable activities within the framework of the Organization of African First Ladies Against HIV/AIDS.

I also wish to inform Kenyans that no night meetings were taking place in State House. The allegation by Kalonzo Musyoka that I moved to State House to check on night meetings was false and conceived in bad faith.

Further, I wish to clarify that the composition of the First Family is in the public domain and its integrity and moral authority is beyond reproach.

Any insinuations to the contrary are unfounded and false. As Kenyans are aware, however, it is a well known fact that there are people who go around masquerading to belong to the families of prominent people in public life.

Members of the public should distinguish between genuine family members and imposters.

I also wish to clarify that while State House is the official residence of members of the First Family, family members reserve the right of choice whether or not to reside in State House as they have private homes.

I further take great exception to Hon. Kalonzo Musyoka’s reported allegations that President Kibaki slept on his job due to drugs administered on him. As Kenyans are fully aware, at no time has President Kibaki slept on his job. Indeed, claims to this effect were never substantiated in the Wikileaks.

Kenyans will remember that it is at this time that the economy begun to record unprecedented levels of growth. Indeed, the economy grew by 5.8 per cent in 2006 when the cables were being wired and rose to 7 per cent compared to 1 per cent in 2002,when the President took office. Obviously, this is an indicator of a country under sound management in every respect and does not suggest a chief executive asleep on his job.

In any case, it is clearly unkind and contrary to African, indeed human, values to discuss other people’s health and to appear to derive fiendish delight from their poor health.

Like other Kenyans, I was particularly dismayed to read further revelations that Hon. Kalonzo appealed to the US to prevail on President Kibaki not to run for another term in order to pave way for Kalonzo to ascend to leadership.

As Kenyans are aware, ours is a competitive political system and there is no short cut to power. Those who seek external influences to better their leadership prospects should know that Kenyans are an enlightened people capable of voting the leaders who will best represent and pursue their interests and the wellbeing of the country.

I urge Kenyans to engage in constructive dialogue that will take our country to the next level rather than smear other people’s reputation for their selfish interests.

25th March, 2011

The Video below ascertains some of the facts raised in the above statement by Lucy Kibaki. Watch it!

Thursday, March 24, 2011

A confused and wavering ODM

New twist as ODM Secretary General Anyang' Nyong'o now says reports of legal aides for three members of Ocampo Six not the official party position.

ODM Window-dressing. They will hire lawyers for Ruto, Kosgey over ICC cases

The Orange Democratic Movement has indicated that it will hire lawyers to represent its members named as post election violence suspects by the International Criminal Court.

ODM also announced that it will sponsor a Bill to provide for the establishment of a credible judicial mechanism to try the cases facing the Ocampo Six.

The lawyers will represent Eldoret North MP William Ruto, Henry Kosgey (Tinderet) and radio presenter Joshua Sang.

Orange MPs led by parliamentary secretary Ababu Namwamba and deputy secretary-general Joseph Nkaissery said the lawyers will be asked to accompany the three suspects for their initial appearance at The Hague on April 7.

“Whether it is at a court in Kibera or at The Hague every suspect has a right to a fair trial and justice,” said Mr Namwamba.

The legislators said the decision was arrived at the National Executive Committee and Parliamentary Group meeting on Tuesday.

They declined to name the lawyers, saying only that they would accompany the three and support them.

“The party will hire legal experts to hold brief, accompany the members and support them,” said Gen Nkaissery.

Mr Ruto, the Eldoret North MP and deputy leader, is a rebel within the party and does not see eye-to-eye with Mr Odinga.

Relations between Mr Kosgey and the Odinga faction have been frosty since the announcement that he was one of the six people the ICC claims bear the greatest responsibility over the violence that claimed at least 1,133 people and displaced an estimated 650,000 from their homes.

While Mr Sang is not principally an ODM member, ICC Prosecutor Luis Moreno-Ocampo listed him as a suspect under the party's banner when released his list. The others, Finance minister Uhuru Kenyatta, head of Civil Service Francis Muthaura and Postmaster General Hussein Ali were lumped under the PNU.

The party also took a swipe at the efforts by coalition partner PNU to shield the Ocampo Six from prosecution by attempting to have the ICC defer the case for a year.

“The shuttle diplomacy where the Vice President has been lobbying characters, some of who are candidates of international investigations has the brought the country ridicule and odium,” said Mr Namwamba.

They said that by taking the position to have the cases referred to Kenya, the intention was to protect the dignity and sovereignty of the country.

Mr Namwamba maintained that the party has consistently been for the creation of a local tribunal despite previous failed attempts.

The bill for the establishment of a local tribunal will be brought to Parliament next week and will cover all details as provided for by the Rome Statute, Gen Nkaissery said.

MPs at the press conference included ministers Franklin Bett, Mohamed Elmi and assistant ministers Margaret Kamar, Maalim Mohamed, Dhadho Godana and MPs Rachel Shebesh, Omar Zonga and Dr Joyce Laboso.

The latest move marks a major climb down from the party position on the trials.

In a hard hitting statement in Parliament on Wednesday, Prime Minister Raila Odinga said the Ocampo Six should be ready to prove their innocence at the ICC.

“We cannot all the time be talking about the innocence of the six. More than 1,300 Kenyans were killed, some were burnt in a church and in Naivasha others were shot. Justice for them must also be done.

That innocence of the six must be proved through a fair judicial process. If you are mentioned, go through the process,’’ Mr Odinga while responding to a question by Mutito MP Kiema Kilonzo during the Prime Minister’s time in Parliament Wednesday.

“If you are a suspect do not tell us you are innocent. Go and clear your name there (at the Hague)."

Mr Odinga, who is the ODM party leader, also called for an independent prosecutor and the involvement of foreign investigators such as the Federal Bureau of Investigations (FBI) and the UK's Scotland Yard if the trials are to be handled locally.

Source: Daily Nation