There was an error in this gadget

Thursday, April 7, 2011

Who's who in Kenya's case at the ICC

The International Criminal Court building at The Hague. Photo/FILE
The International Criminal Court building at The Hague. Photo/FILE
Posted  Wednesday, April 6 2011 at 20:06

HANS-PETER KAUL: The German jurist has been dissenting in the case. As the second vice-president of the ICC, he is the seniormost of the three-judge bench.
The 67-year-old maintains that crimes committed in Kenya did not meet the ICC threshold. He has held that the crimes were not committed in pursuit of state policy.
EKATERINA TENDAFILOVA: The Bulgarian was the single judge who rejected the prosecutor Luis Moreno-Ocampo’s application for permission to appeal against the Pre-Trial Chamber’s ruling that he had not built a strong case on the killings in Kibera and Kisumu.
Born 1953, the judge was a professor of criminal justice at Sofia University.
JAKOB TARFUSSER: He has a prosecution background having served as deputy public prosecutor in the Italian district of Bolzano for 16 years and later as chief public prosecutor for eight years.
During the period, he carried out investigations into terrorism, extortion, corruption, trafficking and smuggling cases.------------------------------------
LUIS MORENO-OCAMPO: The Argentine became ICC prosecutor in 2003. He rose from a carpenter to probably the most powerful prosecutor in the world.
As a young lawyer, he made a name — and fortune — by taking up corruption cases, extensively making use of secret cameras.
When elected ICC prosecutor in 2003, he promised a “sexy court” that would dispense “swift and telegenic justice”.
He cuts the image of a resolute prosecutor and ebullient, but calculating optimist, ready to bring down the untouchable in his effort to slay impunity.
MS FATOU BENSOUDA (Deputy prosecutor) : The former attorney-general of The Gambia is in charge of the Prosecution Division of the Office of the Prosecutor.
When the court was set up, she sent out a warning to world leaders saying impunity is a thing of the past. “It is gone!
And those who are trying to bring unspeakable atrocities, suffering to civilians and civilian population anywhere in the world will be held accountable for those atrocities.”
MR MICHEL DE SMEDT (Head of investigations at the court): He dispatched a team of investigators into Kenya after the Prosecutor was given permission to investigate the Kenyan case.
WILLIAM RUTO: The Eldoret North MP and former University of Nairobi Christian Union (CU) choir leader has been in national news since his Kanu youth winger days in the YK92 when money was printed to fund their campaigns during the 1992 general elections.
In the most recent case, he is waiting for the ruling of a case in which he has been charged with fraud in connection with the sale of 100-acre forest land in Nairobi worth Sh96 million to Kenya Pipeline Company in the 2001 — land that did not belong to him.
Lead counsel:
Kioko Kilukumi
The Nairobi lawyer has been representing the Eldoret North MP in the ongoing fraud case at the High Court. President Kibaki had nominated him for the powerful post of Director of Public Prosecutions but Parliament ruled that the decision was irregular. He did not apply for the post.
Controversy has dogged Tinderet MP Henry Kosgey over his 20-year political career. He faces 12 abuse of office charges for allowing import of hundreds of vehicles older than the eight-year limit.
Mr Kosgey is accused of failing to seek or obtain advice from the National Standards Council when he allowed a friend of his bodyguard, among others, to import the cars.
He was also named in the infamous “disappearance” of Sh200 million by runaway American promoter Dick Berg, cash meant for the 1987 All African Games.
He was also mentioned in the Ndung’u Commission Land Report for grabbing huge chunks of public forest land in Nandi South and collapse of Kenya National Assurance of which he was executive chairman.
Lead Counsel:
George Odinga Oraro
Nairobi Law Monthly says he is a leading litigation lawyer in Kenya and has represented clients in judicial commissions.
As the first journalist to face trial in the ICC for encouraging crimes against humanity, radio Journalist Joshua Arap Sang is an example that newsmen should take responsibility for their work.
He is accused of setting the stage for atrocities that took place during the 2008 post-election violence.
His indictment is the most serious attempt to bring the media to trial for roles in war crimes and conflicts ranging from the Balkan wars of the 90s, Bosnia’s 1992-95 war (town of Zvornik), Yugoslavia, Serbia, Croatia (town of Vukovar).
Radio is the most effective means of mass communication and journalists like Rwanda’s genocide promoter, Radio Télévision Libre des Mille Collines and Uganda’s Central Broadcasting Services, Sapientia, Suubi and Akaboozi have represented the devastating effects of a misguided media house.
All was going well for Uhuru Muigai Kenyatta until Luis Moreno-Ocampo, the ICC Chief Prosecutor, came calling.
Seen as President Kibaki’s heir apparent, Mr Kenyatta, who is the minister for Finance in the coalition government, abandoned his presidential bid in 2007 to support the former for a second term.

In so doing, he tore the independence party Kanu right down the middle with a sizeable following led by Eldoret North MP William Ruto trooping to ODM in the run-up to 2007 General Election.
Mr Kenyatta, who will be turning 50 in October, is the first son of founding President Jomo Kenyatta by his fourth wife, Mama Ngina.
Lead Counsel:
Steven Kay
Assisting: Gillian Higgins as the Associate Counsel while Benjamin Joyes is the Case Manager.
Ambassador Francis Kirimi Muthaura, 65, is often seen as the power behind President Kibaki, often operating behind the scene to sustain the administration.
As the Secretary to the Cabinet and Head of the Public Service, Mr Muthaura holds sway over the civil service, including the police that previously reported to him in his capacity as the chairman of the National Security Advisory Council.
This was the reason ICC chief prosecutor Luis Moreno-Ocampo wrote to the government demanding that he resigns from the security position which he did last week.
Mr Muthaura started as a District Officer in Mombasa in 1972 rising through the ranks to serve as an Assistant Secretary in the Ministry of Foreign Affairs. He was also the country’s diplomatic missions in New York and Brussels.
For Major General Hussein Ali, a career soldier, his prosecution over the post-election violence is just one among several challenges he has faced.
Besides making history as one of the first Kenyans to be dragged into an international court to answer to criminal charges, Mr Ali also wrote history when he was picked from the military to head the police.
The former Commissioner of Police went to Uasin Gishu School and then to Kolanya Boys High School in Busia District. He dropped out of high school after the death of his father to take care of his younger siblings.
In 1977, Ali joined the Kenyan Army. He was eventually promoted to Brigadier in 2003 and to Major General in 2005.
Lead Counsel:
Evans Monari
Assisting: Associate Counsel Gershom Otachi


  1. It is a fuck of a thing...........We shall do away with Odinga

  2. let them be jailed.

  3. what will this case prove?we know the guilty ons.they should be sent to jail without having to waste precious timeand moneh



There was an error in this gadget