The Ocampo Six (Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, radio presenter Joshua Sang, Public Service boss Francis Muthaura, Finance minister Uhuru Kenyatta and former police boss Hussein Ali) will know their fate on the same date after the Pre-Trial Chamber II said it will issue decisions confirming or declining to confirm the charges jointly October 26, 2011. FILE
By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Wednesday, October 26 2011 at 22:00
Posted Wednesday, October 26 2011 at 22:00
The six Kenyans facing charges at the International Criminal Court will know the fate of their cases on the same day despite their hearings having been held at different times.
In effect, suspects in the first case will have to wait a little longer to know whether their cases will go to trial or not.
The Pre-Trial Chamber II on Wednesday cited security concerns raised by the prosecution and the victims’ lawyers as the key factor in making the decision.
The Chamber has also said that although it has 60 days to make a decision on the first case, this date may be varied in line with the Rome Statute.
MPs William Ruto and Henry Kosgey and radio presenter Joshua Sang will now have to wait longer than December 24, when the decision on their case was expected.
“The 60-day time limit, within which the decision under article 61(7) of the Statute is to be rendered in Case 1, shall be varied to the effect that the decision in Case 1 will be issued at the same time as the article 61(7) decision in Case 2,” Judge Ekaterina Trendafilova said on Wednesday.
Case 2 is that of the Prosecutor versus Head of Civil Service Francis Muthaura, Deputy Prime Minister Uhuru Kenyatta and Postmaster General Hussein Ali. The decision on Case 2 is expected on January 18, next year.
The judge said the registrar had drawn to the attention of the Chamber the fact that if the decisions in the two cases were issued separately, it was likely that a rise in tension may occur, and speculation or potentially heated public debate might take place with expectation of the same result in the second case.
Separately, Mr Muthaura has asked the ICC to reprimand prosecutor Luis Moreno-Ocampo over comments made regarding his case.
Mr Muthaura has told the Pre-Trial Chamber II that the remarks made in a local television station are extra-judicial and an affront to the course of justice.
Court’s integrity
“During this interview the prosecutor made statements that were manifestly false or otherwise wholly inaccurate thus prejudicing the integrity of the court, its proceedings and prejudicing Mr Muthaura,” the application made on Tuesday states.
The interview Mr Muthaura is referring to was conducted on the last day of the confirmation of charges hearing by K24 and was later broadcast by the station.
During the interview the prosecutor told the presenter that Mr Kenyatta confirmed that Mr Muthaura had “a bigger role” in running the affairs of State House than had apparently been previously contended.
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