ICC to spend Sh2 billion on Kenyan cases in 2013

MONDAY, FEBRUARY 18, 2013 - 00:00 -- BY FRANCIS MUREITHI

The Kenyan cases at the International Criminal Court are turning out to be the most expensive for the Hague-based court since its inception 10 years ago.

The ICC has allocated Sh2 billion to spend on the cases for this year alone. Judicial activities in court will cost Euro 7,721,200 (Sh903.4 million) while field operations and activities will cost another EuroSh7,720,000 (Sh903.2 million).

So far, Sh2 billion has been spent on Kenya alone since 2011 when court officially took over the cases. The court has indicated that it will be spending Euro 7,721,200 (Sh903.4 million) this year alone to handle “judicial activities in court” against the four accused-Uhuru Kenyatta, Francis Muthaura, William Ruto and Joshua Sang.

This means that each case will cost ICC approximately Sh500 million this year alone. ICC has indicated that it spent Euro 7,740,800 (Sh905.7 million) on the two Kenya cases in 2011 and Euro 7,412,130 (Sh867 million) in 2012.

Ruto and Sang are in the first case while Uhuru and Muthaura are in the second. “On the information currently available the budget is based on the assumption that hearings in the two trials could initially run consecutively until the end of 2013. However, the need for parallel trial hearings may arise in the course of the year due to case-specific circumstances and developments in the Kenya cases as well as other judicial developments impacting upon the Trial Division’s workload that cannot presently be accurately determined,” ICC has said in its 2013 budget document.

The budget was adopted last November during the eleventh session of the Assembly of States Parties to the Rome Statute. The court has said specific activities where funds will be going include analysing and summarising the relevant evidence submitted by the parties as well as legal analysis and preparation of draft decisions or bench memoranda on any procedural issue emerging during the proceedings.

Also cited include extensive in-depth research on the law applicable to the crimes charged, as well as on procedural issues, attending trial hearings and preparing procedural minutes of the hearings, liaising with the Registry, parties and participants and drafting instructions for issue by the Chamber.

ICC has also said part of the money will be used in assisting the judges in drafting parts of the legal and factual sections of the final judgment.

Kenya is proving to be the most expensive country for ICC in handling each case. For instance, for DRC, where ICC is handling six cases, the total budget for 2013 is Euro 7,779,000  (Sh920 million) translating to about Sh151 million per case compared to the Sh500 million for each of the two Kenyan cases.

Uganda will be consuming Euro 970,700 (Sh 114 million) for one case while Euro 1,777,300 (Sh207 million) will be used for the four cases in Darfur.

Euro 3,412,500 (Sh400 million) has been budget for one case in Central Africa Republic, Euro 1,710,500 (Sh200 million) for two cases in Libya and Euro 4,583,700 (Sh536 million)  for two cases in Côte D'Ivoire.

The court has said in situations where judicial activity is ongoing, the required resources reflect the changing needs directly connected to the proceedings, which in some instances may result in increases due to additional cases or cases at different stages in the proceedings.

Status conference for Uhuru, Muthaura, Ruto and Sang cases were held on Thursday and the cases are expected to begin on April 10. In justifying the costs for Kenya, the court has also said that the two cases represent a multiple challenge.

“There will be a Standard Swahili booth required at both trials; there will be a Kalenjin booth at the Kenya 2 trial; there will be several other Kenyan languages that will be used in the courtroom which will require interpretation from and into English. These languages are in both cases: Luhya, Luo, Kikuyu, Kisii and Kamba,” the court has said.

ICC has also factored hiring for nine months four paraprofessional interpreters for Kalenjin. “Booth of four is standard when interpreters are interpreting in two directions,” the court has said. It has said one interpreter for Swahili will be hired for five months though the court will also use in-house Swahili interpreters.