Taking of statements by ICC from security officials suspended

By JUDY OGUTU
The High Court has suspended statements taking from security officers in connection with post-election violence trials at The Hague.
Orders by Justice Daniel Musinga temporarily makes it impossible for the International Criminal Court to get evidence from the officials.
The injunction orders now shield the 10 PCs and police chiefs who served in areas that experienced post-election chaos from summons from Justice Kalpana Rawal, who was assisting the ICC collect evidence.
The statement taking, which was supposed to have been completed by now, would be on hold until the High Court hears and determines a case filed by two traders, Jackson Mwangi and James Ndirangu Kuria, who allege provisions of the Rome Statute contravene the Constitution.
ICC process
The State and the senior Government officials involved in the ICC proceedings did not object to the claims by the businessmen.
State counsel Edwin Okello appeared for the respondents while Evans Monari appeared for the security chiefs who were classified as interested parties in the suit as Muchoki Kangata and Company Advocates appeared for the two businessmen.
"The interim order is granted pending hearing and determination of the case," Justice Musinga said in his brief ruling. The order prohibits Justice Rawal "from taking and or recording evidence from any Kenyan or issuing any summons for the purposes of taking evidence pursuant to any International Criminal Court process pending hearing and determination of this application."
In addition, Justice Musinga referred the matter to the Chief Justice to constitute a panel of three judges to hear the case, saying it raises weighty issues of law.
The two traders went to court early this year.
The petitioners said they filed the case in public interest and that under the Constitution, a person could reinforce the rights notwithstanding absence of affected party.