Kenya to appeal admissibility ruling

Written By:Glena Nyamwaya,    Posted: Tue, May 31, 2011

AG Amos Wako says Kenya will appeal Monday's decision to the ICC's Appeal Chamber on grounds of lthe ack of oral hearing to Kenya

Following Monday's rejection by the International Criminal Court of the admissibility challenge filed by the government, Attorney General Amos Wako says Kenya will appeal against both decisions to the Appeals Chamber of the ICC.

In a statement from Switzerland, Wako says "I have learnt of the decisions of the Pre-Trial Chamber II of I.C.C. dismissing the Government of Kenya's application challenging the admissibility of the two Kenya cases before the I.C.C.  I am surprised that the Pre-Trial Chamber II reached this decision without according, at the very minimum, on oral hearing to the Government of Kenya."

"This issue of giving an opportunity to the state Party which has applied for it, an oral hearing is fundamental to the development of international criminal law. The Government of Kenya is therefore reviewing the ruling with a view of appealing against both decisions to the Appeals Chamber of the I.C.C. In this regard I will be meeting our lawyers, Sir Geoffrey Nice. Q.C. and Rodney Dixon in London on Friday the 3rd of June 2011," read the statement.

Wako adds that "the Government of Kenya is confident that the Appeals Chamber will not only receive up to date information of the progress of investigations that the Pre-Trial Chamber declined to receive, but that, by the time of the hearing of the Appeal, yet further reform will have taken place demonstrating that these cases can be tried in Kenya itself."

He went on to add that, the ultimate success of the Government's application will depend on the manner, speed, determination and unity with which Constitutional reforms are carried out, in particular Judicial and Police Reforms.

On the Judicial reforms, how the current impasse facing the Legal Affairs committee is resolved will be the determining factor as to how soon the three key judicial posts, that is Chief Justice, Deputy Chief Justice and Director of Public Prosecutions, will be filled.

The three will fall into the judicial reforms that will see Kenya get a Supreme Court as well as other judicial mechanisms that can convince the international community of Kenya's commitment and capability to deal with past injustices.

Wako said that any squabbling and acrimonious debate and delays in the timely implementation of the Constitution by legislators only seek to send negative signals making the Government's success difficult.

"Let us therefore, resolve to pursue the reforms soberly, expeditiously and with maximum determination."