Friday, May 31, 2013
Bensouda signals readiness to refer ICC cases back to Kenya
Bensouda signals readiness to refer ICC cases back to Kenya
By WANJOHI GITHAE
The International Criminal Court appeared ready to let go of the cases affecting President Uhuru Kenyatta and Deputy President William Ruto after the Chief Prosecutor stated she is ready to debate the future of the cases. Chief Prosecutor Fatou Bensouda said the decision to defer the charges to Kenya will have to be endorsed by the trial judges after they are satisfied that the state (Kenya) is capable of prosecuting the cases.
President Uhuru’s trial is due to begin in July while that of Ruto and radio presenter Joshua Sang, which was scheduled to begin on May 28, was pushed forward to an unknown date. The judges are yet to rule on the application by the two to have the hearing of the case start in November. Both Uhuru and Ruto have promised to cooperate with the ICC.
In response to an email sent to her by The People, Bensouda said the only way for justice to take its course is through judicial channels, with each step decided by the judges, and not by political bodies or the media. “This is a judicial process, the outcome of which is independently decided by judges. The OTP (Office of the Prosecutor) stands ready to engage in any legal debate regarding its on-going cases in Kenya,” she said.
Kenya has previously asked ICC to refer the cases against President Kenyatta, his Deputy William Ruto and former radio journalist Joshua arap Sang back to the country. Bnesouda’s change of heart comes after persistent and unprecedented diplomatic pressure from the Africa Union to have the cases referred to Kenya. AU General Assembly last week passed a resolution that called on ICC to refer the cases back to Kenya or face mass withdrawal from the 34 African nations that are signatories to the Rome Statute.
The resolution was proposed by Uganda and was supported by all members except Botswana. Bensouda left no doubt the AU move had an impact on the case. “The Office of the Prosecutor (OTP) appreciates the AU’s unflinching commitment to combat impunity for serious crimes. The OTP reiterates its readiness to work with the AU and all States Parties to end the suffering of millions of victims of atrocious crimes around the world,” she said.
Proceedings The process of refereeing the case to Kenyan courts would require that Kenyan authorities satisfy the judges that they are genuinely conducting proceedings against the same person/s for the same crimes. A month ago Chief Justice Dr Willy Mutunga initiated a process that will see the creation of a division of the High Court to deal with international crimes.
Dr Mutunga said the court will not deal with crimes that are spelt out in the Rome Statute but other crimes of international nature, such as piracy. On Wednesday the ICC office of the presidency under Sang-Hyun Song issued a statement and reiterated its willingness to work with AU. “The International Criminal Court acknowledges and respects the African Union’s important role as the continent’s main regional organisation.
As an impartial international judicial institution, the ICC, including its independent Office of The Prosecutor, strives to maintain good working relationships with all relevant international and regional bodies, including the African Union,” read the statement. The statement noted that ICC is an independent judicial body which follows strict legal provisions.
The judges of the court have the final say on which route a case may take thus absolving the OTP from any expectations to refer the cases. The ICC President said the Rome Statute defines the criteria for deciding whether cases should be tried before the ICC or in a national judicial system.
Mariah Carey, Nicki Minaj Quit ‘American Idol’
By Lyndsey Parker | Reality Rocks –
photo: FoxFollowing veteran "American Idol" judge Randy Jackson's only slightly surprising resignation announcement earlier this month, and Fox reality chief Mike Darnell's resignation last week, Randy's Season 12 co-star and former client, Mariah Carey, and Nicki Minaj have both confirmed that they too won't be returning to "Idol" next year.
"W/ global success of “#Beautiful” (#1 in 30+ countries so far) @MariahCarey confirms world tour & says goodbye 2 Idol," Mariah's PR firm, PMK-BNC, announced via Twitter on Thursday. Mariah has yet to tweet anything herself, as of this writing, although she retweeted PMK-BNC's post.
"Mariah Carey is a true global icon — one of the most accomplished artists on the planet — and we feel extremely fortunate that she was able to bring her wisdom and experience to the 'American Idol' contestants this season. We know she will remain an inspiration to 'Idol' hopefuls for many seasons to come," the Fox network and "Idol's" production company, FremantleMedia, said in a joint statement.
photo: Nicki Minaj's TwitterNicki broke her resignation news on Twitter herself, posting: "Thank you American Idol for a life changing experience! Wouldn't trade it for the world! Time to focus on the Music!!! Mmmuuuaahhh!!!."
Fox and FremantleMedia issued the following statement: "Nicki Minaj is a superstar who brought a level of honesty and passion to 'American Idol' and who had a tremendous positive impact on so many contestants this season. Given her extremely busy career, we understand and respect her decision and wish her the best."
These announcements are hardly a shock. The writing really was on the Fox wall before this season even began, when that damning footage of a Nicki/Mariah catfight "leaked" on TMZ, and a backlash among core "Idol" viewers ensued, months before the Season 12 premiere actually aired. This feud overshadowed the entire season (and overshadowed the contestants, who deserved better), and the result was plenty of bad vibes...and low ratings. On May 16, the show had its lowest-rated finale ever, in all dozen seasons.
In some ways, though, Season 12's panel was a marked improvement over Season 10/11's useless and enabling Jennifer Lopez and Steven Tyler, who seemed physically incapable of doling out any sort of constructive criticism. Nicki was engaging, entertaining, and the straightest-shooting judge since Simon Cowell. Mariah may have taken what felt like 18 minutes to make a point (at $18 million, it seemed she was getting paid by the word), but in her own roundabout way, she did occasionally offer some good technical advice from a world-class vocalist's perspective. Even Randy stepped up his game a little bit.
If only Mariah and Nicki could have just gotten along, then maybe this would have been a great season for "Idol." ("Idol" producer Nigel Lythgoe once blamed the judges' lack of chemistry for the show's slump.) Mariah may not have been the pithiest judge in "Idol" history, but she was the one who came to the judging table with the most credibility. Her hiring was initially considered a major coup for the show. Instead, she spent most of her time on the show rambling, looking miserable, and sitting as far away from Nicki as possible. Nicki only made matters worse with her constant shade-throwing and Twitter rants. None of this made for good TV.
So now Mariah and Nicki join Ellen DeGeneres on a not-so-illustrious list of "Idol" judges who only lasted one season. (Yes, even Kara DioGuardi lasted two.) Will Keith Urban land on that list soon? Insiders say yes, although nothing has been officially confirmed, and he has publicly stated that he'd like to return for Season 13.
And so, the judge speculation begins anew. Will "Idol" alums like Jennifer Hudson, Kelly Clarkson, or Adam Lambert get the gig? Will acclaimed mentor Harry Connick Jr. or ex-judge Paula Abdul, both of whom temporarily/jokingly sat behind the judges' table this season, be offered permanent seats? Will Fox try to bring back Jennifer Lopez, as rumored? Will producers reconsider hiring non-celebrity judges, as I have long advocated? (And can I be one of them? I'd do it for a lot less than $18 million. Just sayin'.) It's going to be interesting, so watch this space.
The Unforgettable Remarks Haunting William Ruto Todate!
Yes, looks like the ICC indictees took themselves to the Hague! both Uhuru Kenyatta and William Ruto are said to have used their influence to defeat the formation of a local tribunal proposed by the then Prime Minister Raila Odinga
…. and we the masses were gullible enought to buy into their propaganda shit – that it was Raila who took them to the Hague!
Raila and Kofi Annan were literally on their knees requesting Uhuru and Ruto’s lieutenants in bunge to support formation of a local tribunal, instead, they decided to teach Raila a lesson- only to lock themselves in shit!
Uhuru’s new found friend (“cousin”) Uganda’s president- Yoweri Museveni is on record requesting USA to pursue Joseph Kony and hand him over to ICC!!
Just wondering if indeed there is any better definition or illustration of hypocrisy!
In this video, William Ruto even says its through God’s will that enabled bunge to reject formation of a local tribunal!! just click and watch Ruto UNEDITED!
Elsewhere a list of Africans indicted by the ICC and how they ended up there has been compiled, and shows clearly that it is the situation countries that requested for the ICC intervention, rarely has the prosecutor invoked his proprio motu powers to commence an investigation. Read on good people!
2.1 Bahr Abu Garda – Prosecutors application
2.2 Mohammed Ali – Referred by own country
2.3 Abdallah Banda- Prosecutors application
2.4 Omar al-Bashir- Prosecutors application
2.5 Jean-Pierre Bemba – Referred by own country
2.6 Muammar Gaddafi- Referred by own country
2.7 Saif al-Islam Gaddafi- Referred by own country
2.8 Laurent Gbagbo- Referred by own country
2.9 Simone Gbagbo- Referred by own country
2.10 Ahmed Haroun- Prosecutors application
2.11 Abdel Rahim Hussein- Prosecutors application
2.12 Saleh Jerbo- Prosecutors application
2.13 Germain Katanga- Referred by own country
2.14 Uhuru Kenyatta- Referred by own country
2.15 Joseph Kony- Referred by own country
2.16 Henry Kosgey- Referred by own country
2.17 Ali Kushayb- Referred by own country
2.18 Thomas Lubanga Dyilo- Referred by own country
2.19 Raska Lukwiya- Referred by own country
2.20 Callixte Mbarushimana- Referred by own country
2.21 Sylvestre Mudacumura- Referred by own country
2.22 Francis Muthaura- Referred by own country
2.23 Mathieu Ngudjolo Chui- Referred by own country
2.24 Bosco Ntaganda- Referred by own country
2.25 Okot Odhiambo- Referred by own country
2.26 Dominic Ongwen- Referred by own country
2.27 Vincent Otti- Referred by own country
2.28 William Ruto- Referred by own country
2.29 Joshua Sang- Referred by own country
2.30 Abdullah Senussi- Referred by own country
2.2 Mohammed Ali – Referred by own country
2.3 Abdallah Banda- Prosecutors application
2.4 Omar al-Bashir- Prosecutors application
2.5 Jean-Pierre Bemba – Referred by own country
2.6 Muammar Gaddafi- Referred by own country
2.7 Saif al-Islam Gaddafi- Referred by own country
2.8 Laurent Gbagbo- Referred by own country
2.9 Simone Gbagbo- Referred by own country
2.10 Ahmed Haroun- Prosecutors application
2.11 Abdel Rahim Hussein- Prosecutors application
2.12 Saleh Jerbo- Prosecutors application
2.13 Germain Katanga- Referred by own country
2.14 Uhuru Kenyatta- Referred by own country
2.15 Joseph Kony- Referred by own country
2.16 Henry Kosgey- Referred by own country
2.17 Ali Kushayb- Referred by own country
2.18 Thomas Lubanga Dyilo- Referred by own country
2.19 Raska Lukwiya- Referred by own country
2.20 Callixte Mbarushimana- Referred by own country
2.21 Sylvestre Mudacumura- Referred by own country
2.22 Francis Muthaura- Referred by own country
2.23 Mathieu Ngudjolo Chui- Referred by own country
2.24 Bosco Ntaganda- Referred by own country
2.25 Okot Odhiambo- Referred by own country
2.26 Dominic Ongwen- Referred by own country
2.27 Vincent Otti- Referred by own country
2.28 William Ruto- Referred by own country
2.29 Joshua Sang- Referred by own country
2.30 Abdullah Senussi- Referred by own country
Looks like Africa went to the Hague, the hague dint come to africa
Orange For Orange.
All ODM members to wear their Orange shirts on Saturday, 1st June 2013 to show their solidarity with the movement for democratic change in Kenya. Share your pictures on Facebook & Twitter with the hashtag #OrangeForOrange Spread the word.
NCIC wants university councils reshuffled
The National Cohesion and Integration Commission (NCIC) wants members of public university councils reshuffled to reflect ethnic balance in the entire varsities employment.
The commission's Ethnic Diversity and Audit of Public Universities 2013 report reveals that there are still ethnic imbalances in employment in 22 public universities.
University Councils are the powerful organ in decision making and employment of staff, and NCIC wants the 'tribal-stuffed or cartel-like organs' reshuffled to achieve ethnic balance.
NCIC chairman Mzalendo Kibunjia has asked the Ministry of Education to carry out the reshuffle.“Whilst doing this, the ministry will allow those members whose terms are about to end to complete those terms,” the study recommends.
It adds that the ministry will negotiate with other members for transfer to other universities or early retirement.“This exercise should start immediately but should be completed in three years with annual monitoring of progress by the ministry and NCIC,” the report said.
Chancellors in public universities raised the issue of ethnic imbalance with the then Ministry of Higher Education in 2010. The NCIC recommendation coincides with the new Commission of University Education (CUE) Act which gave new charters to all universities last year.
Under the Act, all councils are to remain in office for six months after the CUE Act was established last year before new councils are appointed by the Secretary of Education.
The survey revealed that the 'big five tribes' in Kenya still have the largest number of staff employed in universities. The survey was done when Kenya still had seven public universities and their 16 constituent colleges which have now been upgraded to 22 public universities. A total of 19,205 employees responded to the survey.
Kikuyu comprise 25.8 percent of all the employees followed by Luo (16.6 percent), Luhya (16.5) while Kalenjin, Kisii and Kamba make up 14.6, 7.5 and 6.4 percent of the work force in universities respectively.
The National Cohesion and Integration Act, 2008 stipulates that no public establishment shall have more than one-third or 33 percent of its staff from the same ethnic community.
“What is important to note is the fact that the amalgamated sum of employees in the public universities in Kenya does not violate the provision of the Act,” the report said.
The data reveals that some universities have a higher representation in public universities than their population ration as per the 2009 census. “In a country where some communities cite historic injustices, excluding them from working in universities causes more disunity than other factors,” the report warns.
Maseno at 96.7, Masinde Muliro (93 percent) and Moi (91 percent) are the universities that have the highest percentages of the big five communities. They are followed by Egerton (87.3 percent), Jomo Kenyatta (85.6 percent), University of Nairobi (82.3) and Kenyatta University with 81.7 percent.
Location of a university also means that that local ethnic community gets more employment. In this category Bondo, Meru and Kisii lead while the Technical University of Kenya, Technical University of Mombasa and Egerton have the least locals employed.
New universities are perceived as job creation enterprises, thus increase to calls of establishing public universities in regions. The study said: “Universities are national institutions that admit students from all parts of the country and therefore their recruitment (staff) should be national as well.”
The study says that only Egerton, Multimedia, Mombasa Polytechnic and Technical University of Kenya have complied with the National Cohesion and Integration Act, not to employ more than one-third of its staff from the same ethnic.
The dead 'voted' in March polls, says witness
A witness in a poll petition against Nyando MP Fred Outa yesterday claimed two dead people took part in the March 4 polls.
John Amollo told Justice Aggrey Muchelule that people who died long ago had their names crossed out as having voted.
Amollo presented burial permits of two of his relatives—Stephen Onyango and Emily Nyakongo— saying their names were crossed out by polling clerks as having voted at Kobura polling station in Nyando.
He said other dead people and some who were bedridden during the elections “voted”. Amollo said he was allowed to vote yet his name had been crossed out in the IEBC register.
He was giving evidence in a petition filed by Jared Okello who lost the Nyando parliamentary race. Okello wants the court to order a scrutiny of the votes cast.
Ruto's wife in Kuala Lumpur
Ruto's wife pleads for mothers and babies
DEPUTY President William Ruto’s wife Rachel has called for more efforts by the government and private sector to improve the wellbeing of mothers and new-born babies.
Speaking at Kuala Lumpur in Malaysia yesterday, where she is attending the third global conference on women delivery, Rachel urged stakeholders in the national and continental campaign to focus more on tackling the known causes of maternal and child mortality and allocate more resources for the same.
She expressed concern that Kenya is one of the countries that have scored poorly in taking care of mothers and new-born babies, saying efforts are urgently required to correct the situation.
Rachel said the high mortality rate in Africa is unacceptable and called for effective measures to aggressively address the challenges with sense of urgency.
"In mounting campaigns, more emphasis should be put on those measures that will address the known causes of maternal and child mortality," she said.
Rachel said FGM is still prevalent in various parts of the country despite the Children’s Act which prohibits circumcision of girls under the age of 18 and called for an end to the outdated cultural practice.
She said many women die each year from pregnancy-related complications due to FGM. "This is a sad state of affairs that requires urgent intervention by governments and stakeholders if the lives of mothers and children are to be saved," she said.
Rachel asked the government to invest more in the education of girls, saying education is key to their future contribution to the society and their own sense of fulfilment.
Malaysia Prime Minister Najib Razak said fighting the causes of new-born deaths, gender inequality and malnutrition are key to guarding against maternal and child mortality.
Razak said investing in reproductive health should be the priority of policy makers in developing countries but regretted that obstacles still exist.
Police deny abuse of Somali refugees
Police have dismissed a report by the Human Rights Watch alleging that they raped, stole, tortured and abused more than 1,000 Somalia and Ethiopian refugees and asylum seekers in Eastleigh estate.
AP spokesman Masood Mwinyi yesterday said some of the allegations by the interviewed refugees were "outrageously unbelievable lies" against the very people from whom they seek protection.
"We have not seen the report but it is not the Kenyan police policy to rape, torture, arbitrary detain or steal from refugees as reported. Kenya has been the biggest host to refugees from neighbouring countries and if they face such atrocities from security services, there would not be as many refugees as we currently have. We will, however, respond appropriately once we study the report," Mwinyi said.
The Human Rights Watch report based on interviews of 101 refugees and asylum seekers has accused the police of raping, torturing and abusing the refugees over a 10-week period days after seven people were killed in a minibus bomb attack last year.
HRW said Kenya is under international law obligations to protect refugees. “International law requires Kenya to ensure that officers who tortured refugees – who raped women and beat children and men into unconsciousness while branding them terrorists – are investigated and held to account,” HRW senior refugee researcher and author of the report Gerry Simpson said.
HRW has urged donor countries to withhold support to the four police units implicated in the abuses until the government acts on the accusations.
The organisation wants Kenya to shelves any plans to relocate urban refugees to remote refugee camps which might force them to return to their unsafe countries.
HRW has demanded that the government immediately begin independent public investigations into the allegations and urged the United Nations High Commission for Refugees to document and publicly report future abuses against refugees.
The report accuses UNHCR of failing to adequately document and speak out and urged it to improve its monitoring of abuses against refugees, record and publicly condemn them.
Subscribe to:
Posts (Atom)
Posts
