JUSTICE and Constitutional Affairs minister Mutula Kilonzo has urged the six post-election violence suspects to obey the court decision when it is issued sometime this month. Mutula who sits on the Cabinet sub-committee on ICC said the government expects everyone, including the six, to respect and obey the law before and after the decision is made.
He said the government will not be caught off-guard and advised those who might be dissatisfied with the ruling to follow the law and file an appeal. “As far as I am concerned, the government will not be caught napping this time round. We are more than alert and advise all Kenyans to be wise and observe the law,” he said.
Mutula said the Cabinet sub committee has express instructions from the two principals to cooperate with the court and said the committee will continue to do so. He said the committee trusts the Attorney General Githu Muigai will continue rendering proper legal advice to the government. “We cannot as a sub committee anticipate the ruling. Our work is to cooperate and comply and this we will do. As for any security measures that might be taken or are being taken, my colleague Prof. Saitoti is in a better position to answer to that,” Mutula said.
The ICC is expected to make a ruling on whether to confirm or not to confirm the charges brought against two sets of post election violence suspects accused by chief prosecutor Moreno Ocampo of masterminding the violence. The six are former police boss Hussein Ali, head of civil service Francis Muthaura, deputy Prime Minister Uhuru Kenyatta, journalist Joshua arap Sang, Eldoret North MP William Ruto and Tinderet's Henry Kosgey.
The ruling on whether to confirm the charge or not will be issued on or about January 21. On that date, the 60 day period within which the ruling must be made for the second case entailing Uhuru will lapse. The court has already varied the 60 day period for the first case to fit into the timing of the second case.
The varying of the time for issuing the decision was decided upon following an application by victims lawyer Morris Anyah and supplemented by reports by the registrar of the court to the effect that issuing decisions separately might create tensions and expectations. “The Single Judge reiterates her appeal to all concerned and citizens of the Republic of Kenya to respect the life, security and property of victims and witnesses and to refrain from engaging in any activities that are likely to trigger or exacerbate tension and violence in the Republic of Kenya,” judge Ekaterina Trendafilova said while varying the period.
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