THE list of Kenyan lawyers accredited to practice at the ICC has increased to twenty six. Among the latest additions to the Hague-based court is former Committee of Experts chair Nzamba Kitonga, retired Court of Appeal judge Richard Kwach and Judiciary's first female PhD holder Dr Julie Ouma Oseko who were accredited last December. Also accredited last year is former Attorney General Amos Switsila Wako, now a Senator.
Others are Charles Njuru Kihara, Mombasa based Francis Kadima, Star columnist John Chigiti, Gershom otachi, Sureta Chana, Mbuthi Gathenji, Arthur Igeria, Albert Kamunde, Muturi Kigano, Joseph Kigen, Kindiki Kithure and retired judge Johnson Mitei.
Attorney General Githu Muigai is also in the list alongside former Director of Public Prosecution Philip Murgor, victims lawyer Wilfred Nderitu, Kioko Kilukumi, Boniface Njiru, Mary Wambui Njogu, Ken Ogeto, George Oraro and Anna Maria Osure.
According to ICC procedures, lawyers who wish to practice before the court, whether as duty counsel, ad hoc counsel, defence counsel or as legal representatives of victims must first be accredited by the court’s registrar.
“These prerequisites to practicing before the court are designed to guarantee that every person in need of legal representation implicated in ICC proceedings has available to him or her a pool of highly competent counsel to ensure quality legal representation,” ICC states.
For a lawyer to be accredited, he or she must first make a formal application to the ICC registrar. “It is mandatory that those applying must meet the criteria of admission to the list of counsel created and maintained by the Registrar in accordance with Rule 21(2) of the Rules of Procedure and Evidence,” ICC states in its official website.
Conditions set under this section include that a counsel for the defence shall have established competence in international or criminal law and procedure. The candidate must also have “necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings.”
The applicants are also required to meet Regulation 67 of the Regulations of the Court which provides that one must have experience of at least 10 years in international or criminal law and procedure.
It also provides that one wishing to be accredited as a counsel should not have been convicted of a serious criminal or disciplinary offence considered incompatible with the nature of the office of counsel before ICC.
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