By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Thursday, March 29 2012 at 22:00
Posted Thursday, March 29 2012 at 22:00
IN SUMMARY
- It will take months before actual hearings against four accused begin in Chamber V
The International Criminal Court on Thursday evening named the judges who will try Kenya’s post-election violence suspects at The Hague-based court.
ICC first vice-president Sanji Mmasenono Monageng said that the suspects, Uhuru Kenyatta, Francis Muthaura, William Ruto and Joshua Sang, will be tried by Trial Chamber V.
He said the bench will comprise Judges Christine van den Wyngaert (Belgium), Kuniko Ozaki (Japan) and Chile Obeo-Osuji (Nigeria).
“The Presidency hereby refers the case against Messrs William Samoei Ruto and Joshua Arap Sang and the case against Messrs Francis Kirimi Muthaura and Uhuru Muigai Kenyatta to Trial Chamber V and hereby transmits the full record of the proceedings before Pre-Trial Chamber II to Trial Chamber V, including the decision confirming the charges,” Judge Monageng said in the decision sent out after 6.30pm local time.
This sets the stage for the trial of the four, who are charged with crimes against humanity during the 2008 poll violence. The prosecution or the defence may ask to defer the start of hearings.
The trial may also be halted if the Appeals Chamber rules in favour of the accused.
ICC spokesman Fadi el Abdallah said the accused may not be required to appear before the court until the trial opens. The Rome Statute requires that the accused to appear in court in person once the hearings start.
Trial Chamber V will come up with a calendar of events leading to the opening of the trial that will involve at least two days of opening statements, Mr Abdallah said.
May take months
The trial date will be set once the defence has received all the evidence the prosecution has, he said, adding, the disclosure that may take months will involve the prosecution revealing its witnesses and their statements.
The defence will be given time to prepare for trial and disclose to the prosecution the kind of evidence and witnesses it would rely on. He said the prosecution or the defence could ask the court to defer the start of the trial through “legal and factual argument”.
“The court proceedings are governed by rules and procedures and therefore political considerations and support cannot have an impact on cases,” Mr Abdallah said.
Gema last weekend announced it would seek two million signatures to petition the ICC to delay the trial until after the General Election.
Mr Abdallah termed the pending appeal by the suspects on the jurisdiction of the court as complex due to the definitions of organisational policy given by the suspects, the two judges and the dissenting judge.
“If the appeals are allowed, then any other proceedings will have to be stopped.”
The Appeals Chamber decisions cannot be appealed.
Mr Ruto and Mr Sang are accused of organising attacks against PNU backers in Rift Valley following the announcement of Mr Kibaki as the 2007 poll winner.
They are accused of murder, deportation or forcible transfer of the people, causing serious injury and persecution.
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