CHIEF Justice Willy Mutunga is set to constitute the International Crimes Division this week ahead of the Monday polls. Sources confirmed that the judiciary adopted all recommendations of the Judicial Service Commission sub-committee chaired by Rev Samuel Kobia which called for the creation of the court dealing with international crimes.
“Everything is ready and its now only a matter of time before the court is set up by the CJ,” a judicial source told the Star. Kobia's committee recommends that the court be modeled along the standards of the ICC with similar rules, practice and procedures in regard to crimes addressed by the International Crimes Act i.e. genocide, crimes against humanity and war crimes.
The report says that it be composed of seven judges and will also try transnational crimes like money laundering, cyber laundering, human trafficking, piracy and transnational organized crime.
Appeals from this court shall be heard by the Court of Appeal with a final appeal to the Supreme Court. The proposal states that this new division be housed in a separate facility in Nairobi due to the nature of cases it is set to handle.
The court will not hand down death sentences as the International justice system does not recognize them. Kobia's committee comprised of Justice Isaac Lenaola, Magistrate Emily Ominde, Justice Mohammed Warsame and JSC member Florence Mwangangi.
The team traveled to the Hague, Uganda and Rwanda undertaking studies. They said the ICD should be set up to eliminate the culture of impunity in Kenya, promote accountability at the national level and enable authorities to create functional criminal justice systems.
They found that local trials have an important symbolic impact in setting standards, creating precedents and establishing real respect for the rule of law.
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