Attorney General Amos Wako
By Oliver Mathenge omathenge@ke.nationmedia.com
Posted Friday, April 1 2011 at 22:00
Posted Friday, April 1 2011 at 22:00
In Summary
- Government plea to stop ICC trial for post-election violence suspects repeats pledges on a revamped justice system; and provides new timetable for local investigations and prosecution.
- Top British lawyers make application to ICC and commit government to making progress reports
Post-election violence cases will be investigated and prosecuted by September this year, the government has pledged.
In an application to the International Criminal Court at The Hague, Kenya commits itself to submitting progress reports on the process by September.
It has also asked the Pre-Trial Chamber judges to set aside time to hear its application challenging the cases against the Ocampo Six.
In the application made public yesterday, the government says it will have made changes in the Judiciary and police before September.
The application, filed on Thursday by two British lawyers hired by the government, says Kenya wants to demonstrate to the International Criminal Court that it can handle the cases locally.
The application filed by Sir Geoffrey Nice and Mr Rodney Dixon under the authority of Attorney-General Amos Wako, anchors Kenya’s case on the new Constitution and ongoing judicial and police reforms.
It contains a timetable that says by the end of July this year, a report on investigations carried out under a new director of public prosecutions would be ready.
“The structure of the new office and the manner in which investigations are being undertaken to ensure independence and efficiency will also be addressed,” the lawyers says.
Two other reports will be submitted to the ICC in August and September.
In August, the government will report on progress made in investigations into the highest levels of post-election violence perpetrators, adoption of the three Police Bills and re-organisation of the force, including appointment of a new inspector-general by the end of August 2011.
In September, progress will be reported on investigations and readiness for trials. The application says judicial reforms will have been implemented by then.
The new Constitution incorporates a Bill of Rights, which significantly strengthens fair trial within the criminal justice system, the lawyers say.
“National courts will be capable of trying post-election violence crimes, including the ICC cases, without the need for legislation to create a special tribunal,” they add.
The Government says it was not possible to have the ICC prosecutor’s investigations deferred to the Kenyan authorities before the adoption of the new Constitution.
It says it is now in better stead to conduct proper investigations and prosecutions and that these initiatives are all “designed and adopted to cure problems, or shortcomings, of the past.”
“They demonstrate that the time is ripe for Kenya to exercise jurisdiction which the ICC should yield,” the lawyers say.
The Government also said that a UN consultant has been assisting in setting up a witness protection programme. “An independent and autonomous witness protection agency has been created and funded,” the application says.
The government also says in the application that it has the support of the international community, including the president of the Assembly of States Parties to the Rome Statutes, Mr Christian Wenaweser.
It also says the African Union and European Union support its efforts while two UN Security Council permanent members, China and Russia, have also backed its quest.
The application says there have been significant developments since March 2010 when the ICC authorised investigations in Kenya.
“For all of the reasons, the Government of Kenya respectfully requests the Pre-Trial Chamber to find that the two cases before it are inadmissible,” the application reads.
“For all of the reasons, the Government of Kenya respectfully requests the Pre-Trial Chamber to find that the two cases before it are inadmissible,” the application reads.
wacha watu waende hague!!!! hapa kenya sioni?
ReplyDeleteAfter having gone to report to the hague people have started jumping jumping here and there!! Its long and we cannot keep on having these in our land ''POST ELECTION VIOLENCE'' Its time we settled these once and for role. PEV have been there since.. These people are not respecting us, talking rubbish to one another going round gossiping, attacking their friends and tribes. I can't see Kenya doing it alone..SORRY, WHY NOW..?? You waited until Ocampo came to kenya to solve everything... let it be.''Kwahivyo wacha waruke ruke''.. As okampo said kenya will set AN EXAMPLE to the world let it be.. What we're only praying for is Peace, Love and Unity in kenya. God will take care of the rest.
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