Jennifer Muiruri | Nation Eldoret North MP William Ruto (centre) with former South Mugirango MP Omingo Magara (left) and Trade minister Chirau Mwakwere at Jomo Kenyatta International Airport on August 30, 2011. Mr Ruto was flying to The Hague.
By NATION TEAM newsdesk@ke.nationmedia.com
Posted Tuesday, August 30 2011 at 22:00
Posted Tuesday, August 30 2011 at 22:00
IN SUMMARY
- ICC appeal judges throw out Kenyan Government plea as Ruto, Kosgey and Sang get ready to take to the dock for their hearing tomorrow
The government’s bid to stop the trials of the Ocampo Six by the International Criminal Court was dismissed on Tuesday, paving the way for hearings for the confirmation of charges from on Thursday.
The ICC Appeals Chamber dismissed the government lawyers’ entreaties to take over the case and gain access to prosecutor Luis Moreno-Ocampo’s evidence.
Judge Daniel Nsereko dismissed the appeal, ruling that the attempt to access the prosecution evidence, which was dismissed by the Trial Chamber in June, was not related to the one challenging the mandate of the ICC to try the suspects.
“The Appeals Chamber finds the appeal inadmissible and, therefore, dismisses the appeal in limine (at the outset),” ruled the Ugandan judge at the ICC.
Judge Anita Usacka was the only dissenting voice of the majority decision reached by judges Nsereko, Sang-Hyun Song, Akua Kuenyehia and Erkki Kourula of the Appeals Chamber.
Had government lawyers Geoffrey Nice and Rodney Dixon won the appeal, the 12-day confirmation hearings — which start tomorrow against former Cabinet minister William Ruto, suspended minister Henry Kosgey and Kass FM radio presenter Joshua Sang — would have been stopped.
Mr Ruto flew to The Hague on Tuesday to join Mr Kosgey and Mr Sang who jetted out on Sunday and Monday respectively.
Begin hearings
At exactly 3.30pm Kenyan time, they will take to the dock to begin the hearings before judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser.
The hearings for the other three suspects — Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Post-Master-general Hussein Ali — are scheduled for September 15.
Speaking at Jomo Kenyatta International Airport before he flew out on Tuesday, Mr Ruto said he was shocked by the “lies” that have seen him head to The Hague.
“I am amazed by the extent to which falsehood and conspiracy have been employed to tarnish my name.”
He was seen off by Trade minister Chirau Mwakwere and former South Mugirango MP Omingo Magara.
He was accompanied on the flight by his wife Rachael, MPs Charles Keter and Zakayo Cheruiyot, and two witnesses he intends to call in his defence.
Tuesday’s ruling at The Hague was on a petition by State-appointed lawyers who wanted to see the evidence collected by Mr Moreno-Ocampo, saying that it would help in the Kenyan Government’s local investigations into the post-election violence.
The lawyers argued that with a new Constitution and reformed Judiciary, Kenya was capable and willing to try the cases at home. The Pre-Trial Chamber II on May 30 rejected the applications challenging the admissibility of the twin cases.
On Tuesday, judge Nsereko agreed with the Pre-Trial Chamber and Mr Moreno-Ocampo that there was no evidence that investigations against the suspects were ongoing.
“The Appeals Chamber does not consider that Kenya’s intended submissions would provide any new or additional information which would assist it in resolving the issue of the admissibility of the appeal,” he ruled.
The ruling means that the Ocampo Six now have to depend on their defence teams to convince the Pre-Trial Chamber that their clients were not the planners, financiers and executors of the poll chaos.
Mr Moreno-Ocampo has submitted that they were behind the chaos in which 1,133 people died and 650,000 were displaced.
A total of 327 victims have been authorised by the ICC to take part in the case against Mr Ruto, Mr Kosgey and Mr Sang. They were briefed on their role by the ICC-appointed victims’ lawyer, Ms Sureta Chania.
“The consultations were held primarily to confirm whether or not the victims consented to having their identities disclosed to the defence or the public,” the ICC said.
During the consultations, the victims were concerned about their personal safety, reporting instances of threats or coercion from their communities since they have been wrongly perceived as witnesses rather than victims.
“The court is providing protection as necessary to the victims and witnesses,” the statement added.
Meanwhile, Judge Ekaterina Trendafilova, acting as a single judge on behalf of Pre-Trial Chamber II, on Tuesday rejected Mr Ruto’s request to skip part of confirmation of charges hearings.
Judge Ekaterina said should Mr Ruto decide to waive his right to be present during the entire hearing, he should submit a new written request to that effect. She said he should either choose to attend all sessions or skip all of them.
Reported by Bernard Namunane, Emeka-Mayaka Gekara, Dave Opiyo and John Muchiri
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