Mixed reactions over ICC hearings in Kenya

BY JUDIE KABERIA

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null 1/1 NAIROBI, Kenya, Jun 4 - Kenyans have expressed mixed reactions over a proposal by the the International Criminal Court (ICC) to hold its September hearings for confirmation of charges against the Ocampo Six in Kenya, and not The Hague. A local Non Governmental Organisation providing legal assistance to the marginalised including post election violence victims has opposed the proposal arguing that it came at 'the wrong time though it was well intended.' "The timing is wrong; any hearings should be after 2012 or after a new government. Most of the Ocampo Six are still working in the government and still wield a lot of influence in Kenya," Kituto Cha Sheria Executive Director Priscilla Nyokabi told Capital News. She argued a majority of Internally Displaced Persons (IDPs) were still living in camps and holding hearings in Kenya could spur emotions that may interfere with the entire ICC process. But the Kenya National Commission on Human Rights (KNCHR) was quick to welcome the proposal. "It will be a very good thing because the crimes were committed in Kenya and if you recall the ICC took this case because Kenya was not willing to have the cases here. But the ideal situation is that the cases should have been heard in Kenya," KNCHR Chairperson Florence Jaoko told Capital News. She said the move would give Kenyans an opportunity to understand and appreciate how the court operates. "There have been concerns that Kenyans were being spirited out of the country for trial, the move will dispel such fears," Mrs Jaoko said. Kituto Cha Sheria however pointed at the current political atmosphere in Kenya as a factor why the hearings should not be held in the country. "The Orange Democratic Movement and Party of National Unity parties are again wrangling as usual, there is also the problematic tribal groupings and we can see rallies going on around the country," Ms Nyokabi said She also claimed that the attention the hearings will draw if held in Kenya was likely to slow down ongoing reforms in the country. A statement from the ICC on Friday said the court had asked for opinions from the Prosecutor, the defence and the victims on the desirability of conducting the confirmation of charges hearings in Kenya. "The Chamber also requested that the parties and participants submit their observations no later than Monday, 13 June 2011," the statement said. The court will seek the opinions on the desirability of conducting the confirmation of charges hearings in the Republic of Kenya in the cases of The Prosecutor versus William Samoei Ruto, Henry Kiprono Kosgey and Joshua arap Sang and The Prosecutor versus Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali. "The Chamber stated that in order to properly assess the desirability and feasibility of conducting the confirmation of charges hearings in the Republic of Kenya, it was deemed valuable to receive observations from the parties and participants to the proceedings in both cases." 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 charged. "If the charges are confirmed, the Pre-Trial Chamber commits the person for trial before a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial." The six suspects made an initial appearance at the Hague court in April relating to their alleged roles in the 2008 post-election violence. Confirmation of charges proceedings against Messers Ruto, Kosgey and Sang were set for September 1 while those against Messers Kenyatta, Ali and Muthaura were set for September 21. https://twitter.com/judiejeez

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