Ruto told to stay in The Hague Wednesday, 31 August 2011 00:03 BY NZAU MUSAU
HAGUE BOUND: Eldoret North MP William Ruto(c) flanked by Omingo Magara(on his left) and Chirau Ali Mwakwere(r) at JKIA when he left for The Hague for the ICC case on PEV Photo/Chrispinus Wekesa
MAKE up your mind on whether to attend the entire confirmation hearing or skip the whole thing, was ICC judge Ekaterina Trendafilova’s firm message to William Ruto yesterday.
Ekaterina who is presiding over the case rejected Ruto’s application to waive his right to be present on part of the confirmation hearing. The Eldoret North MP had said he would attend the opening and any other day he is required.
However in her ruling yesterday, Ekaterina said Ruto cannot choose the days he wishes to attend. She said both the statute and the rules do not support Ruto’s bid to be partly present and partly absent. “On the contrary, rule 124(1) of the Rules speaks of “the person [who] wishes to waive the right to be present at the hearing on conformation of charges […]”, which in the Single Judge’s view entails, the entire hearing and not part of it,” Ekaterina ruled. “This is equally true if one reads the plain wording of rule 125(1) of the Rules, which makes it clear that once a decision is taken to hold a hearing in the absence of the person concerned, this will be for the entirety of the confirmation proceeding,” she added.
Ekaterina said nowhere in the text of the provisions is it stated that the person could skip parts of the hearing and attend the other: “He must either decide to be present during the whole proceeding or he may waive his right to be present throughout the entirety of the hearing.”
Ruto had told the court that he wants to be in Kenya to continue his legislative duties and fulfil his obligations as an elected official to his Eldoret North constituents. He had also said he had an “important personal matter” for which he needed to be in attendance. He had said he will “make an effort” to be present when either the court or his lawyers want him to be present at the chamber.
Article 62(2)(a) of the Rome Statute provides that the Pre-Trial Chamber may hold the confirmation of charges hearing in the absence of the person charged when the said person has waived his right to be present.
Such a person is however required to submit a written request to the Pre-Trial Chamber. The chamber must satisfy itself that the person concerned understands the right to be present at the hearing and the consequences of waiving that right.
Ruto’s lawyer Katwa Kigen informed the court, “Mr Ruto understands the consequences of waiving his right to be present; this is made clear in the attached personally executed request to be absent from part of the proceedings.”
Meanwhile, the six-post election violence suspects yesterday received a major setback as the ICC dismissed the government challenge on admissibility. This means that the confirmation of charges hearings scheduled starting this week will go ahead as planned. The government had appealed against the ruling that found that the two post-election violence cases before the ICC were admissible.
Yesterday the presiding judge of the Appeals Chamber Daniel Nsereko said there was no legal, factual or procedural error discerned in the court’s decision of May 30 which dismissed the original application.
The Kenyan government had moved to the court in April challenging the admissibility of the two cases against William Ruto, Henry Kosgey, Joshua arap Sang, Hussein Ali, Francis Muthaura and Uhuru Kenyatta on grounds that the government had started the process of prosecuting the cases.
The Pre-Trial Chamber headed by judge Ekaterina however dismissed this saying the government had not presented any concrete evidence of ongoing investigations.
Nsereko explained that for the cases to be inadmissible, a national investigation must be ongoing and must cover the same individuals and substantially the same conduct as alleged in the proceedings before the ICC. “Furthermore, the Appeals Chamber considered that the Pre-Trial Chamber made no error when it found that the government had failed to provide sufficient evidence to substantiate that it was investigating the six suspects for the crimes alleged in the summonses to appear issued for them,” a dispatch from the Public Affairs Unit of the court stated yesterday.
The decision was adopted by a majority of four judges, Ntanda, Sang-Hyun Song, Akua Kuenyehia, and Erkki Kourula. Judge Anita Usacka dissented.
Yesterday’s ruling did not come as a surprise to Kenyan legal analysts who had expected the government to lose the appeal especially after its bid to be updating the Appeal Chamber on the progress of ongoing investigations earlier this month was rejected. Kenya had hoped to influence the Appeal Chamber decision through the regular updates but the court stopped this.
The appellate court said it would only base its judgment on the circumstances prevailing at the time of the filing and any errors of judgment therein.
OVERTURES: Kalonzo withRaila at a burial in Tharaka, Meru.
THROUGH emissaries Vice President Kalonzo Musyoka has quietly been reaching out to Prime Minister Raila Odinga ahead of the 2012 election.
Kalonzo believes that the G7 Alliance will not give him the presidential ticket even though he is the most senior potential candidate, according to multiple sources. “We have been talking to some people on Raila’s side and even asked them to tone down. Nothing solid has been presented on the table yet but we think a deal is doable,” said Kalonzo’s close associate.
A minister from Rift Valley who is close to Raila confirmed that two aides of Kalonzo had approached him to pass a message to Raila that he should go easy on rhetoric against Kalonzo. “Contacts have been established but there is nothing to write home about yet. We are considering the issues raised by Kalonzo’s people before deciding how to proceed,” said the minister.
Those involved in the talks are reportedly former ODM-K chairman Dan Maanzo and Kalonzo’s personal assistant Barsito Kaplich who is said to have spoken to an ODM minister. “It is not true. That is pure propaganda which crosses the line of responsible journalism into the realm of insults. The VP has just declared that next year he will take on Raila on the ballot and defeat him. The VP has all the contacts to reach his political nemesis directly. It is inappropriate therefore to say that he has to use an assistant minister to reach him. The Star should practise responsible journalism or declare itself a Raila newsletter,” said Kaplich.
Maanzo denied brokering any deal and insisted that Kalonzo will contest the presidency. He said that a deal between Kalonzo and Raila might have been possible if former Foreign Affairs Minister Raphael Tuju had not announced his presidential bid “With Tuju entering the race, Raila is now finished. Why would Kalonzo do a deal with a man who is finished? Now Kalonzo has high chances of becoming President. I will advise him to mount a serious campaign for the seat instead of looking for a political deal with Raila,” said Maanzo.
Tuju announced last Sunday announced that he will run for President in 2012. There has been speculation that his candidacy is driven by people around President Kibaki and PNU in case the ICC confirms charges against Finance minister Uhuru Kenyatta and he cannot stand for the G7 Alliance next year. Kalonzo has appeared ambivalent over the G7 and at the weekend in Western Kenya dismissed the alliance as non-existent.
On Monday, in a damage limitation stunt, G7 leaders William Ruto, Uhuru Kenyatta and Eugene Wamalwa staged a public show of unity with Kalonzo after a joint meeting at the Norfolk Hotel in Nairobi. “There is nothing like G-7 Alliance. I prefer parties uniting for a common cause and not individuals coming together because that will tribalise the country,” said Kalonzo at the rally in Western Kenya. The VP may have become frustrated over an apparent lack of trust from his coalition partners. Ruto’s and Uhuru’s allies have since been pushing for the replacement of Kalonzo in the alliance.
They claim that his actions and statements paint a picture of one who is ready to jump ship since he rebranded his ODM-K party. Ruto’s allies claim Kalonzo has been meeting with the Eldoret North MP’s rivals in the Rift Valley to undercut him.
They say Kalonzo met two ministers from the region who are allied to Raila to plot to neutralise Ruto’s perceived grip on Kalenjin support. “We are aware Kalonzo has met an ODM minister, an assistant minister, former President Moi and his son Gideon with a view to undermining Ruto,” Cherangany MP Joshua Kuttuny said.
Kuttuny, a close ally of Ruto, said the G7 Alliance will either convert to G6 or replace the VP since his commitment seems to be wavering. A close ally of Uhuru said that Kalonzo is determined to be on the ballot so the group may discard him. “He is like a matatu conductor who swings while hanging onto the vehicle as the driver prepares to commence the journey,” Uhuru’s ally said. “I can assure you that the team may as well do away with the VP since he does not since he has a sense of self entitlement and may work to rock the alliance should he not have his way.” He said Monday’s G7 “photo opportunity” did not reflect the reality of what has been transpiring.
Another Uhuru ally Kareke Mbiuki said Kalonzo was invited to the Monday meeting and tasked to state his position as regards the alliance. “Kalonzo believes it’s him and him and him and no one else as he claims he is the senior most person in the alliance,” “Whereas the other six are ready for nomination process, he wants a direct endorsement. That is the point of departure,” Mbiuki added.
Uhuru and Ruto face charges of crimes against humanity at the ICC. Their supporters feel that the VP’s shuttle diplomacy to block the trials was just a matter of PR. “We know that after all he did not believe in the shuttle diplomacy, gauging by what he told one Western diplomat. Unfortunately it (what he said) was relayed to us,” Kuttuny added.
Ruto told to stay in The Hague Wednesday, 31 August 2011 00:03 BY NZAU MUSAU
HAGUE BOUND: Eldoret North MP William Ruto(c) flanked by Omingo Magara(on his left) and Chirau Ali Mwakwere(r) at JKIA when he left for The Hague for the ICC case on PEV Photo/Chrispinus Wekesa
MAKE up your mind on whether to attend the entire confirmation hearing or skip the whole thing, was ICC judge Ekaterina Trendafilova’s firm message to William Ruto yesterday.
Ekaterina who is presiding over the case rejected Ruto’s application to waive his right to be present on part of the confirmation hearing. The Eldoret North MP had said he would attend the opening and any other day he is required.
However in her ruling yesterday, Ekaterina said Ruto cannot choose the days he wishes to attend. She said both the statute and the rules do not support Ruto’s bid to be partly present and partly absent. “On the contrary, rule 124(1) of the Rules speaks of “the person [who] wishes to waive the right to be present at the hearing on conformation of charges […]”, which in the Single Judge’s view entails, the entire hearing and not part of it,” Ekaterina ruled. “This is equally true if one reads the plain wording of rule 125(1) of the Rules, which makes it clear that once a decision is taken to hold a hearing in the absence of the person concerned, this will be for the entirety of the confirmation proceeding,” she added.
Ekaterina said nowhere in the text of the provisions is it stated that the person could skip parts of the hearing and attend the other: “He must either decide to be present during the whole proceeding or he may waive his right to be present throughout the entirety of the hearing.”
Ruto had told the court that he wants to be in Kenya to continue his legislative duties and fulfil his obligations as an elected official to his Eldoret North constituents. He had also said he had an “important personal matter” for which he needed to be in attendance. He had said he will “make an effort” to be present when either the court or his lawyers want him to be present at the chamber.
Article 62(2)(a) of the Rome Statute provides that the Pre-Trial Chamber may hold the confirmation of charges hearing in the absence of the person charged when the said person has waived his right to be present.
Such a person is however required to submit a written request to the Pre-Trial Chamber. The chamber must satisfy itself that the person concerned understands the right to be present at the hearing and the consequences of waiving that right.
Ruto’s lawyer Katwa Kigen informed the court, “Mr Ruto understands the consequences of waiving his right to be present; this is made clear in the attached personally executed request to be absent from part of the proceedings.”
Meanwhile, the six-post election violence suspects yesterday received a major setback as the ICC dismissed the government challenge on admissibility. This means that the confirmation of charges hearings scheduled starting this week will go ahead as planned. The government had appealed against the ruling that found that the two post-election violence cases before the ICC were admissible.
Yesterday the presiding judge of the Appeals Chamber Daniel Nsereko said there was no legal, factual or procedural error discerned in the court’s decision of May 30 which dismissed the original application.
The Kenyan government had moved to the court in April challenging the admissibility of the two cases against William Ruto, Henry Kosgey, Joshua arap Sang, Hussein Ali, Francis Muthaura and Uhuru Kenyatta on grounds that the government had started the process of prosecuting the cases.
The Pre-Trial Chamber headed by judge Ekaterina however dismissed this saying the government had not presented any concrete evidence of ongoing investigations.
Nsereko explained that for the cases to be inadmissible, a national investigation must be ongoing and must cover the same individuals and substantially the same conduct as alleged in the proceedings before the ICC. “Furthermore, the Appeals Chamber considered that the Pre-Trial Chamber made no error when it found that the government had failed to provide sufficient evidence to substantiate that it was investigating the six suspects for the crimes alleged in the summonses to appear issued for them,” a dispatch from the Public Affairs Unit of the court stated yesterday.
The decision was adopted by a majority of four judges, Ntanda, Sang-Hyun Song, Akua Kuenyehia, and Erkki Kourula. Judge Anita Usacka dissented.
Yesterday’s ruling did not come as a surprise to Kenyan legal analysts who had expected the government to lose the appeal especially after its bid to be updating the Appeal Chamber on the progress of ongoing investigations earlier this month was rejected. Kenya had hoped to influence the Appeal Chamber decision through the regular updates but the court stopped this.
The appellate court said it would only base its judgment on the circumstances prevailing at the time of the filing and any errors of judgment therein.
OVERTURES: Kalonzo withRaila at a burial in Tharaka, Meru.
THROUGH emissaries Vice President Kalonzo Musyoka has quietly been reaching out to Prime Minister Raila Odinga ahead of the 2012 election.
Kalonzo believes that the G7 Alliance will not give him the presidential ticket even though he is the most senior potential candidate, according to multiple sources. “We have been talking to some people on Raila’s side and even asked them to tone down. Nothing solid has been presented on the table yet but we think a deal is doable,” said Kalonzo’s close associate.
A minister from Rift Valley who is close to Raila confirmed that two aides of Kalonzo had approached him to pass a message to Raila that he should go easy on rhetoric against Kalonzo. “Contacts have been established but there is nothing to write home about yet. We are considering the issues raised by Kalonzo’s people before deciding how to proceed,” said the minister.
Those involved in the talks are reportedly former ODM-K chairman Dan Maanzo and Kalonzo’s personal assistant Barsito Kaplich who is said to have spoken to an ODM minister. “It is not true. That is pure propaganda which crosses the line of responsible journalism into the realm of insults. The VP has just declared that next year he will take on Raila on the ballot and defeat him. The VP has all the contacts to reach his political nemesis directly. It is inappropriate therefore to say that he has to use an assistant minister to reach him. The Star should practise responsible journalism or declare itself a Raila newsletter,” said Kaplich.
Maanzo denied brokering any deal and insisted that Kalonzo will contest the presidency. He said that a deal between Kalonzo and Raila might have been possible if former Foreign Affairs Minister Raphael Tuju had not announced his presidential bid “With Tuju entering the race, Raila is now finished. Why would Kalonzo do a deal with a man who is finished? Now Kalonzo has high chances of becoming President. I will advise him to mount a serious campaign for the seat instead of looking for a political deal with Raila,” said Maanzo.
Tuju announced last Sunday announced that he will run for President in 2012. There has been speculation that his candidacy is driven by people around President Kibaki and PNU in case the ICC confirms charges against Finance minister Uhuru Kenyatta and he cannot stand for the G7 Alliance next year. Kalonzo has appeared ambivalent over the G7 and at the weekend in Western Kenya dismissed the alliance as non-existent.
On Monday, in a damage limitation stunt, G7 leaders William Ruto, Uhuru Kenyatta and Eugene Wamalwa staged a public show of unity with Kalonzo after a joint meeting at the Norfolk Hotel in Nairobi. “There is nothing like G-7 Alliance. I prefer parties uniting for a common cause and not individuals coming together because that will tribalise the country,” said Kalonzo at the rally in Western Kenya. The VP may have become frustrated over an apparent lack of trust from his coalition partners. Ruto’s and Uhuru’s allies have since been pushing for the replacement of Kalonzo in the alliance.
They claim that his actions and statements paint a picture of one who is ready to jump ship since he rebranded his ODM-K party. Ruto’s allies claim Kalonzo has been meeting with the Eldoret North MP’s rivals in the Rift Valley to undercut him.
They say Kalonzo met two ministers from the region who are allied to Raila to plot to neutralise Ruto’s perceived grip on Kalenjin support. “We are aware Kalonzo has met an ODM minister, an assistant minister, former President Moi and his son Gideon with a view to undermining Ruto,” Cherangany MP Joshua Kuttuny said.
Kuttuny, a close ally of Ruto, said the G7 Alliance will either convert to G6 or replace the VP since his commitment seems to be wavering. A close ally of Uhuru said that Kalonzo is determined to be on the ballot so the group may discard him. “He is like a matatu conductor who swings while hanging onto the vehicle as the driver prepares to commence the journey,” Uhuru’s ally said. “I can assure you that the team may as well do away with the VP since he does not since he has a sense of self entitlement and may work to rock the alliance should he not have his way.” He said Monday’s G7 “photo opportunity” did not reflect the reality of what has been transpiring.
Another Uhuru ally Kareke Mbiuki said Kalonzo was invited to the Monday meeting and tasked to state his position as regards the alliance. “Kalonzo believes it’s him and him and him and no one else as he claims he is the senior most person in the alliance,” “Whereas the other six are ready for nomination process, he wants a direct endorsement. That is the point of departure,” Mbiuki added.
Uhuru and Ruto face charges of crimes against humanity at the ICC. Their supporters feel that the VP’s shuttle diplomacy to block the trials was just a matter of PR. “We know that after all he did not believe in the shuttle diplomacy, gauging by what he told one Western diplomat. Unfortunately it (what he said) was relayed to us,” Kuttuny added.