Kenya to appeal ICC admissibility ruling

Attorney General Amos Wako has said Kenya will appeal against the ICC Pre Trial Chamber 11 decisions on its admissibility application May 31, 2011. FILE

By ANTHONY KARIUKI
Posted Tuesday, May 31 2011 at 13:19

Kenya has said it will contest the International Criminal Court's ruling that rejected its application to have the Ocampo Six tried locally.

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Attorney General Amos Wako also said Tuesday that the country should move with speed to implement reforms that will ensure such an appeal is successful.

Mr Wako expressed surprise that the ICC Pre-Trial Chamber 11 had made its ruling without giving the government an oral hearing.

"I am surprised that the Pre-Trial Chamber 11 reached this decision without according, at the very minimum, an 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," said Mr Wako is a statement.

"The Government of Kenya is therefore reviewing the ruling with a view to appealing against both decisions to the Appeals Chamber of the ICC.

"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," said Mr Wako from Geneva, Switzerland where he is on official duty.

The AG said he was confident that by the time of hearing the appeal, Kenya would have carried out further reforms "demonstrating that these cases can be tried in Kenya itself".

He, however, appealed to the government and specifically MPs to drive reforms with "maximum determination" saying that delays and disagreements were likely to hinder a successful government appeal.

"As I have stated before, the ultimate success of the Government's application will depend on the manner, speed, determination

and unity with which we carry out Constitutional reforms and in particular Judicial and Police Reforms."

"Any squabbling and acrimonious debate and delays in timeous implementation of the Constitution only sends negative signal and makes the Government's success difficult."

On Monday, efforts to have the cases pending at the ICC brought back home were thrown out, with the ICC judges finding the government’s grounds for claiming to be serious about punishing crimes against humanity unconvincing.

In one instance, the government gave the court a letter from the Attorney-General ordering the Commissioner of Police to investigate persons to have masterminded the violence.

However, the letter was written after the government filed the case to have the Ocampo Six tried at home.

Judges, in their ruling, also noted that Kenya is short on measures already taken to punish impunity and long on promises of future action.

In the ruling sent to defence teams, Judges Ekaterina Trendafilova, Cuno Tarfusser and Hans-Peter Kaul declared: "The Chamber hereby rejects government request, determines the case is admissible and orders the (ICC) to notify this decision to the Government of the Republic of Kenya."

The Ocampo Six include Finance minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, Postmaster General Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua Sang.

They have since gone before the Pre-Trial Chamber for an initial appearance. Hearings for the confirmation of charges will begin on September 1 and September 21.