ICC on Kenya Cases: Uhuru Kenyatta and William Ruto to Face Trial at the Hague
17 min readICC on Kenya cases – Confirmed: Uhuru Kenyatta, William Ruto, Francis Muthaura, Joshua Sang’. Not Confirmed: Henry Kosgey, Hussein Ali.
ICC pre-trial judges confirm charges against four of the six Kenyan suspects. Judges confirm charges against Deputy Prime Minister William Ruto, Eldoret MP William Ruto, head of civil service Francis Muthaura and journalist Joshua Sang. Charges against Tinderet MP Henry Kosgey and Hussein Ali dropped. In reaching our decision, we have reviwed all evidence to ascertain the necessary threshold had been reached. Its our hope that this decision will bring peace to Kenya. (Daily Nation).
The long-awaited ICC verdict on the 2007-2008 post election violence in Kenya that killed over thousand people is finally here. Four suspects–Ruto, Sang, Uhuru and Muthaura–are confirmed while two cases against Kosgey and Ali are NOT confirmed.
ICC pre-trial chamber confirms charges against Uhuru Kenyatta, Joshua Sang, Francis Muthaura and William Ruto while Henry Kosgey and Hussein Ali are no longer suspects (NTV Kenya)
There were two cases involved: case 1 were charges against the ODM brigades of Henry Kosgei (minister, MP, ODM chairman), William Ruto (MP, ex-minister and ODM Deputy party leader) and Joshua Sang (the radio presenter and ODM member). Ruto later broke away from ODM, ICC case being one of the reasons, to form his own party, the United Republican Party (URP), and is now a presidential candidate.
The second case, case 2, was against Uhuru Kenyatta (son of Kenyan founding father, MP, Finance minister, Deputy Prime Minister and chairman of KANU..the party that led Kenya into independence from Britain), Francis Mathaura (head of public services, cabinet secretary, chairman of national security advisory committee and President Kibaki topmost confidante), and Hussein Ali (who was head of police during the post election violence–police were accused of brutality and killing of an unarmed civilians). Like Ruto, Uhuru is also going for the presidency comes election this year, confirmation of the ICC charges notwithstanding.
Here is a summary of the ICC ruling from the Kenyan Daily Nation Newspaper:
ICC rules on confirmation of Kenya cases
A picture released on December 15, 2010 by the Hague-based International Criminal Court (ICC) shows a combo of the six Kenyans, named by prosecutor Luis Moreno-Ocampo, alleged to have masterminded the 2007-08 post-election violence that claimed 1,500 lives.
Judges at the International Criminal Court are currently reading their verdict on whether to confirm two cases arising from Kenya’s post election violence.
- ICC JUDGES: Kosgey and Ali not suspects any more, but prosecutor may present additional evidence against them seeking confirmation of charges.
- ICC: HUSSEIN ALI charges not confirmed due to insufficient evidence. Cases against Uhuru Kenyatta and Francis Muthaura confirmed.
- HENRY KOSGEY charges not confirmed after ICC judges find evidence did not meet threshold. Cases against William Ruto and Joshua Sang confirmed.
- ICC JUDGES announce they have confirmed charges against four Kenyan suspects, to be named shortly. Judge Hans-Peter Kaul dissented.
http://www.nation.co.ke/News/-/1056/1312504/-/yx4xk8z/-/index.html
This is how the ICC judges reached their Decision on the Kenya cases
How court reached decision to charge four with crimes against humanity
And Beatrice Obwocha of The Standard Newspaper offer the following analysis on the charges facing the suspects:
BREAKING NEWS: Four of the six suspects to face trial – ICC
By Beatrice Obwocha
The International Criminal Court pre-trial chamber has confirmed charges against four of six Kenyan suspects for post-election violence crimes.
The judges confirmed the charges against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, Head of Civil Service Francis Muthaura and Journalist Joshua Sang.
The charges against Tindreret MP Henry Kosgey and Post Master General Hussein Ali were not confirmed.
International Criminal Court Judge Ekaterina Trendafilova. Photo/File The ruling delivered at the ICC at The Hague by Judge Ekaterina Trendafilova on Monday stated that they were satisfied by evidence by Louis Moreno Ocampo’s team against Ruto and Sang for crimes committed in Turbo, Nandi Hills, Kapsabet and Eldoret.
Judge Trendafilova stated the charges against Ruto and Sang were crimes against humanity, murder, deportation, forcible transfer and persecution that led to death of hundreds of civilians.
The court dropped the charges against Ali and Kosgey saying the evidence adduced in court was not enough to sustain the charges against them.
Crimes Ocampo claims suspects committed
Deputy Prime Minister Uhuru Kenyatta
He is facing charges of crimes against humanity relating to post-election violence in Nakuru and Naivasha in January and February 2008. He was accused of mobilising the outlawed Mungiki group to attack ODM supporters. He is jointly charged with Public service chief Francis Muthaura and former police boss Gen Hussein Ali.
Together with Head of Public Service Francis Muthaura and Postmaster General Hussein Ali, Uhuru is charged with five counts of crimes against humanity. They include murder, deportation or forcible transfer of a population, rape and other forms of sexual violence, persecution and inhumane acts.
ICC prosecutor Luis Moreno-Ocampo claimed that Kenyatta, as a supporter of President Kibaki, planned, financed, and coordinated the violence perpetrated against the perceived supporters of the President’s rival during post-election violence from 27 December 2007 to 29 February 2008. He is also alleged to have used the Mungiki.
Eldoret North MP William Ruto
He is accused of planning and organizing crimes against PNU supporters. Together with Henry Kosgey, and Joshua Sang, faces charges with three counts of crimes against humanity. They include murder, deportation or forcible transfer of population and persecution, all which constitute a crime against humanity in violation of article 7 (1) (a) (d) and (h) of the Rome Statute.
Joshua Arap Sang
He is the head of operations at the radio station Kass FM, was accused of using his radio broadcasts to send messages of assistance to those committing acts of violence against PNU supporters. He is alleged to have had a role in the organisation of crimes against PNU supporters by using his radio show both to gain support and also to communicate by code to the members of the network.
Head of Public Service Francis Muthaura
As the Cabinet secretary and chairman of the National Security Advisory Committee, was accused of authorising the police to use excessive force against ODM supporters and to facilitate attacks against the opposition. Moreno-Ocampo claimed Muthaura and Uhuru hatched a plan to use an ad hoc organisation comprising Mungiki militia and the police to execute retaliatory attacks.
This was planned during meetings that allegedly took place at State House and Nairobi Members’ Club.He added that Muthaura instructed then Police Commissioner Hussein Ali to ensure the police did not intercept Mungiki as they unleashed terror in Nakuru and Naivasha between January 24 and 31, 2008
Tinderet MP Henry Kosgey
He was accused of planning and organizing crimes against supporters of Party of National Unity (PNU).Together with his co-accused former minister William Samoei Ruto and radio presenter Joshua arap Sang, allegedly established a network with the goal of gaining power in the Rift Valley Province by committing crimes against supporters of the PNU.
It is alleged that after the disputed presidential election of December 2007, members of this network allegedly attached PNU supporters’ homes, killing and torturing civilians, and driving them from their homes. A witness alleged that Kosgey attended planning meetings of the alleged network.
Maj-Gen (rtd) Mohammed Hussein Ali
He is the former Commissioner of Police was accused of facilitating attacks against supporters of the ODM. However, the Chamber ruled that his contribution was not essential to the commission of the crimes and so he was charged with having otherwise contributed to the same crimes.
The ICC Prosecutor alleged that Ali, together with Head of Public Service and Cabinet Secretary Francis Muthaura and Deputy Prime Minister Uhuru Kenyatta developed and executed a plan to attack perceived ODM supporters in the aftermath of the disputed 2007 elections.
The Prosecutor further alleged that that Ali, in his role as Commissioner of the Kenya Police, personally authorised the use of excessive force in attacks against ODM supporters.
And below here is an analysis, from Daily Nation, of the possible political consequences that the comfirmation of the ICC charges will have on the evolving politics of Kenya; election will be within this year, around December.
ICC ruling likely to be a political game changer
[youtube=http://www.youtube.com/watch?v=d2sM9G2jwhY&w=550&h=349]
Posted Saturday, January 21 2012 at 22:30
IN SUMMARY
- Court’s verdict expected to permanently alter the landscape as Kenyans prepare for elections
The much-awaited verdict by the Pre-Trial Chamber II of the International Criminal Court on the six Kenyans is expected to permanently alter the political landscape as the country prepares for the next General Election.
If the charges are confirmed on Monday, it is likely Deputy Prime Minister Uhuru Kenyatta, Civil Service Chief Francis Muthaura and Postmaster General Hussein Ali may be found unsuitable or unable to discharge their official functions.
Prime Minister Raila Odinga may also have to fire suspended Industrialisation minister and ODM chairman Henry Kosgey if the charges against him are confirmed.
The departure of Mr Kenyatta and Mr Muthaura from the Kibaki court would mean that the Head of State, who retires later in the year, would have to appoint new faces to these key government positions.
Mr Muthaura is Kenya’s highest ranking civil servant and is perceived to be the powerful fulcrum around which the presidency operates.
Mr Kenyatta, Mr Muthaura, Maj-Gen (rtd) Ali and Mr Kosgey were named alongside Eldoret North MP William Ruto and radio journalist Joshua arap Sang on suspicion of bearing the greatest responsibility for the most serious crimes committed during the post-election violence.
They have all protested their innocence and assembled top-notch legal defence teams to fight the charges.
On Saturday, the suspects were guarded about how they would prepare for and where they would receive the court’s ruling.
The International Crisis Group, a global anti-conflict watchdog, says in a report on the Kenyan case that the ICC verdict would have a direct bearing on Kenya’s political landscape.
“The ICC’s action is now an inescapable element of the political process as Kenya heads to elections.
Even if an early confirmation of charges may not legally prevent the suspects from running for office, the risk of conviction would affect supporters and allies. The timing and framing of proceedings and decisions can lower or increase volatile tensions,” the International Crisis Group says.
On the other hand, the crisis group estimates, if all the charges are dropped, it is likely that the alliance between Mr Kenyatta and Mr Ruto would not hold and each would run their own presidential campaign.
On the other hand, at the hearing in The Hague, Mr Kenyatta told the judges that Mr Odinga bore political responsibility for the violence. The message that the case was politically motivated would be repeated at the campaigns.
It remains the discretion of the ICC whether, if charges are confirmed, the suspects will remain free men or be taken into custody if they are found, for instance, to be interfering with witnesses or demeaning the court.
Since their return from the confirmation of charges hearing, the suspects have avoided speaking ill of the court in public rallies or news conferences.
There has also been no hullabaloo and no public rallies and prayers, especially for Mr Ruto and Mr Kenyatta.
There has also been no hate speech from them and their supporters following a warning by Judge Ekaterina Trendafilova in April last year.
On return from The Hague, it was only Mr Ruto whose arrival was recorded by the media while the rest chose to return and resume their lives quietly. The suspects were named by ICC chief prosecutor Luis Moreno-Ocampo on December 15, 2010, touching off calls from civil society for those holding public office to step down.
Just hours after the names were released, President Kibaki rejected calls to have those in public office sacked.
“I wish to state that the people who have been mentioned have not yet been fully investigated as the pre-trial process in The Hague has only but begun. They therefore cannot be judged as guilty until the charges are confirmed by the court,” the President said in a terse dispatch from the Presidential Press Service to newsrooms.
The President said at the time that calls for action against those named were “prejudicial, preemptive and against the rules of natural justice”.
On that day, the President also announced that the government was fully committed to establishing a local tribunal, plans which have since been placed by the Cabinet in the cooler.
On the other hand, if the judges drop charges, it will grant the six suspects a new lease of life in every sphere of their operation. The most dramatic outcome is likely to be noticed in the political careers of Mr Kenyatta and Mr Ruto, both of whom have said they are running for the presidency at the elections, regardless of the verdict on Monday. (READ: ICC: Mutula dismisses Uhuru, Ruto presidential bid)
On Saturday, the BBC published an interview with Mr Kenyatta in which he said he remains in the race for State House.
“I will not sit here and tell you that it has been easy. It’s been very difficult. I have never believed that there was any reason or justification for my name being put forward. But, as a believer in the rule of law, we will ultimately be found innocent,” Mr Kenyatta told the BBC.
The deputy PM said that the ICC process had not affected his political ambitions “whatsoever” but that his family had been affected. “It’s not easy for one’s children to hear that you have been accused of international crimes and yet you know you are innocent and they know what you are capable of and what you are not capable of,” Mr Kenyatta said.
On Saturday, Mr Muthaura spoke about his expectations and hopes. “I’m praying to God and I’m sure the court will do justice,” he told journalists in Nairobi.
And, in a dramatic twist, Commission for the Implementation of the Constitution chairman Charles Nyachae said that there was nothing in Kenyan law that bars anyone from running for elective office.
In a statement released to newsrooms, Mr Nyachae said that his commission was of the view that Chapter Six of the Constitution, which deals with leadership and integrity, cannot be enforced before Parliament passes the necessary laws.
“In our view, therefore, there exists no legal bar to any candidate, whether charged in Kenya or under international law, to offer themselves for election.
“Furthermore, on the continued holding of public office, the only legal provisions that call for suspension of public officers charged with offences are in the Anti-Corruption and Economic Crimes Act which require a public officer to be suspended once they are charged with economic crimes. The proposed legislation under Article 80 will address this aspect too,” Mr Nyachae said.
In their view, those in office could continue holding office even if charges against them are confirmed.
According to a Catholic Church sponsored survey, a majority of Kenyans think that politicians’ fear of the International Criminal Court would lead to a peaceful General Election.
They also believe that the formation of a new electoral body, reforms in the judiciary and police department as well as the adverse effects of the post-election violence are other factors that would see a quiet transition take place.
The nationwide research carried out by the Jesuit Hakimani Centre found that 62 per cent of respondents believed the ICC process would deter future violence.
However, 24.4 per cent fear that it could swing either way while 13.5 per cent are worried that the elections would not be peaceful, some attributing it to the fact that some of the politicians in the run for various offices had not changed.
The research, conducted in November and December 2011, focused on certain thematic areas: good governance, economic justice, media and political communications as well as religion and politics.
Speaking at the opening of the two-day conference on the Preparedness of Kenya Towards the 2012 General Election, where the findings were released, Chairman of the Kenya Episcopal Conference, Archbishop Zacchaeus Okoth, urged Kenyans to shun tribalism.
Kenyan Deputy Prime Minister and Finance Minister Uhuru Kenyatta (2ndL), and Cabinet secretary Francis Muthaura (2ndR) attend a hearing, at the International Criminal Court in The Hague. PHOTO / FILE
Posted Thursday, January 26 2012
Kenya’s Finance Minister Uhuru Kenyatta and Head of Public Service and Secretary to the Cabinet Francis Muthaura have stepped aside from office following a decision by ICC pre-trial Judges to confirm charges of crimes against humanity levelled against them.
Mr Kenyatta will however retain his post as Deputy Prime Minister in the coalition government.
President Kibaki accepted the decision of the two to step aside on Thursday and appointed Nairobi Metropolitan Minister Njeru Githae to act as Finance Minister.
Internal Security Permanent Secretary Francis Kimemia also takes over Mr Muthaura’s duties on an acting capacity.
Mutea Iringo will be Acting Permanent Secretary for Provincial Administration and Internal Security.
A statement from the President Press Service stated: “The President has accepted the decision by Uhuru Kenyatta to step aside as the Minister for Finance. However, Hon. Kenyatta will retain the position of Deputy Prime Minister in accordance with the Constitution.”
“The President has also accepted the decision by Francis Muthaura to step aside as Permanent Secretary, Secretary to the Cabinet and Head of the Public Service.
“In this regard, Mr. Francis T. Kimemia, CBS Permanent Secretary, Provincial Administration and Internal Security will be Acting Permanent Secretary, Secretary to the Cabinet and Head of Public Service.”
The decision by Mr Kenyatta and Mr Muthaura to step aside follows mounting pressure from President Kibaki’s coalition partners ODM for the duo to relinquish their offices.
http://www.nation.co.ke/News/politics/-/1064/1314328/-/8s5lal/-/index.html
Breaking News
‘Rent seekers’ always avoid eye contact
By Okech kendo
It cannot be true, actually it should not, that good humoured men like Uhuru Kenyatta and William Ruto do not have honest friends who can look them in the eye, and tell them certain home truths.
The cold facts about their International Criminal Court (ICC) statuses and their ambitions for high office are often hidden under the carpet of sycophancy. Yet the deception, and business-as-usual posturing in the face of serious allegations of crimes against humanity, is understandable:
Friends who are dependent on you for handouts and patronage cannot tell you the truth. They often fear confronting the master with the bad news.
Princely privileges
Doing so when the benefactor is expecting lullabies and flatteries instead could mean withdrawal of patronage and princely privileges of the royal circle.
The benefits of associating with the ‘big boys’ seem to give the ‘sycos’ the illusion that, with their hands firmly on the tailcoats of the patron, they are invincible.
Nothing can go wrong when you sing for, and dine with the one who holds the knife and the pumpkin.
And with the sycos’ tongues wagging at the master’s rivals, even for no apparent reason, nothing can go wrong with the loyalists’ political careers and other considerations that go with absolute loyalty. The MPs, who cannot tell the Moreno-Ocampo accused the truth, are not just swimming in deception for charity. They know why they are drowning with the master. They do not even see when the benefactor is gasping for breath, and probably traumatised enough to warrant counselor Frank Njenga’s intervention.
An Ibo proverb captures this scenario, with illuminating imagery. They say that a fly that has no one to advise it follows the corpse to the grave.
Now the loyalists expect the entire country to drown because two men, who are not even remorseful, and to whom humility is alien, have been invited to answer to charges of crimes against humanity at The Hague.
A Christian of Kalonzo Musyoka’s consequence, who should not lose hope even when the path is thorny, and dark clouds of doubt form, tells us: “I do not see the need of going for the presidency if Mr Ruto and Mr Uhuru are not in the race.” But he does not give a thought for 1,200 Kenyans who were killed in post-election violence. The plight of the internally displaced persons is a footnote in the presidential book of ambitions.
They also do not give a thought to the 600,000 or so citizens who were displaced. These people have relatives, friends, and families. They are vote-carrying Kenyans, with minds to make choices. These people shall be called upon to vote for the national interest. They are not just a herd at the beck and call of presidential aspirants. The gloom of doom from the top may get infectious, because certain politicians who depend on the coalition of the accused to sustain their careers are spreading the sorrows of the two men beyond its national value.
The melodrama is astounding in its hypocrisy. But solidarity with the accused is not the same thing as seeking justice for the suspects and victims of post-election crimes.
By so doing, these politicians are murdering hope, and communalising individual indictments. Now the Good Book says “Usilie kama watu wasio na tumaini.”
Have you ever wondered why apparently good people, untainted and untouched by the ICC brush of justice – like Mutava Musyimi, Peter Kenneth, or Martha Karua – do not attract as many taggers-on as their The Hague-bound rivals?
Grinning cat
Now you can tell goodness of men or women alone does not pay. Patronage must be tempered with other considerations, including other goodies to keep the choir singing.
It is in the mix that you get the building blocks of loyalty, sycophancy, and doggish compliance that compare with the grinning cat that had the cream.
Yes, Musyimi of Gachoka is a presidential aspirant, but he is alone, singing a tune no one is chorusing. Not even the Press dare parrot the good idea of the former Baptist pastor. Musyimi does not excite. He does not attract as much passion because he is doing the right thing the ‘wrong’ way. You know mkono mutu haulambwi. Musyimi should know a choir does not sing on an empty stomach. The highest bidder usually wins the buddies.
Damaged goods
Ours is a country where a tin of honey won’t attract as many flies as a sack of damaged goods. In the flight for the spoils, truth is sacrificed at the altar of convenience. The Vice-President’s Wiper party, for example, is torn between truth telling and expediency.
In the party that intends to lead, truth is sometimes so ‘sensitive’ it is a disciplinary matter. They shall have to cane the mocking bird, Mutula, to make him understand when opportunism should override principle to achieve self-interest.
Quail hunters know you have to sing to lure the bird into the snare. At a time inheritors are eyeing the spoils of The Hague, truth shall be tempered with deception, without reference to conscience.
But these truths shall be stated, for the national interest, no matter who is hurt, and no matter who chooses to understand them in any other way than what is.
Writer is The Standard’s Managing Editor Quality and Production.
kendo@standardmedia.co.ke
http://www.standardmedia.co.ke/columnists/InsidePage.php?id=2000051274&cid=510&
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