Attorney General Amos Wako. Kenya has filed an application with the International Criminal Court seeking a determination that the post election violence cases are inadmissible before the court March 31, 2011. FILE
By NATION Reporter
Posted Thursday, March 31 2011 at 16:39
Posted Thursday, March 31 2011 at 16:39
Kenya has filed an application with the International Criminal Court seeking a determination that the post election violence cases are inadmissible before the court.
The government filed the application Thursday pursuant to Article 19 of the Rome Statue that established the ICC.
"This is to confirm that Counsels, Sir Geoffrey Nice Q.C. and Rodney Dixon, Barrister-at-Law have today, on behalf of the Government of Kenya, filed an application pursuant to Article 19 of the Rome Statute establishing the International Criminal Court (ICC), respectfully requesting the Pre-Trial Chamber to determine that the two cases currently before the ICC are inadmissible before the ICC," said a statement from Attorney General Amos Wako's office.
Under Article 19, a State may challenge the admissibility of a case before the ICC on grounds that it is investigating or prosecuting the case in question or has investigated or prosecuted the said case.
This opportunity is only afforded once.
The two British lawyers have been retained by government to lead efforts to challenge the admissibility of the cases facing the Ocampo Six. The two held their first meeting with Mr Wako two weeks ago in Nairobi.
Mr Wako told the Sunday Nation that they lawyers were here to "form a preliminary opinion on the various issues before I can confirm their appointment".
“I want to handle this professionally, and I want an opinion from people who have practised before the ICC. I want an informed opinion.”
Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, former Police Commissioner Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua Sang have been accused of committing crimes against humanity during the post-election violence in 2007-2008.
They are expected to make an initial appearance at The Hague on April 7 and 8.
The two British lawyers tapped by the State Law Office have extensive legal experience in England and have also practised international criminal law.
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