ICC to rule on State appeal against cases

By Evelyn Kwamboka

The International Criminal Court is set to rule on an appeal by the Government challenging the admissibility of the case against the six suspects accused of masterminding the 2007/2008 post-election chaos.

Appeal’s Chamber Presiding judge David Ntanda Nsereko said the decision would be released on Tuesday.

“The Appeals Chamber is to deliver judgement on the Kenyan Government appeal regarding its challenges to the admissibility of cases,” he said.

In the appeal aimed at overturning the ICC Pre-Trial Chamber II’s decision that declared cases against the six Kenyan post-poll violence suspects admissible, the Government argues that Pre-Trial Chamber judges Ekaterina Trendafilova, Hans-Peter Kaul and Cunno Tarfusser erred in questioning the Government’s seriousness to investigate the suspects on the basis of its legal submissions.

Suffered setback

“In the simplest terms, the Pre-Trial Chamber seeks to put the cart of its conclusion before the horse of logic for no good reason,” the Government said through its advocate, Sir Geoffery Nice.

The appeal is being handled by five judges – Justice Nsereko, Akua Kuenyehia, (ICC President) Sang-Hyung Song, Erkki Korurula and Anita Usacka.

The Government bid to have the cases transferred to Nairobi suffered another setback  when ICC Appeals Chamber rejected a document of updated investigations of the six suspects.

 The court’s Appeals Chamber did this on grounds it would not consider a report containing facts, which took place after the relevant pre-trial proceedings kicked-off.

  “The Appeals Chamber is not persuaded that further observations by Kenya would be necessary for the proper disposal of the appeal,” Justice Nsereko said.

 The judge rejected the Government’s application in which it sought to reply to issues raised by Ocampo, regarding the document.

 The “Updated Investigations Report” to the Chamber was filed by the State on July 4.