Kenya Stockholm Blog

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1. Bensouda needs 2 years to present ICC Kenya cases
   Posted by WAMBUI NDONGA on January 10, 2013

   NAIROBI, Kenya, Jan 10 – International Criminal Court (ICC) Prosecutor Fatou Bensouda says she will require at least two years to present evidence against four Kenyans charged with crimes against humanity.

   In an application sent to Trial Chamber V on Wednesday, Bensouda said she would require 826 hours of court time to lay out her case against Eldoret North MP William Ruto and radio personality Joshua arap Sang and another 572 hours in the case against Deputy Prime Minister Uhuru Kenyatta and former Head of Civil Service Francis Muthaura.

   The ICC Prosecutor explained that she would use this time to question 74 fact witnesses and six proposed experts in addition to allowing the defence time for cross-examination.

   “The estimate does not include time that the chamber may grant to the Office of Public Counsel for Victims or the common legal representative to question prosecution witnesses, or time that the chamber may use to question witnesses,” cautioned Bensouda.

   She added that the prosecution might also ask for additional time to gather more evidence to strengthen its cases.

   Bensouda noted that there was a chance that her office would obtain evidence that it had not had accessed to support the cases.

   “Furthermore, the prosecution has also requested the transcription and translation of 41 audio/video materials it seeks to rely upon, which are not available in any of the official languages of the Court. Some of these materials are already the subject of a separate filing before the chamber,” read the application.

   She also observed that some of the restrictions to provide evidence, placed by the government of Kenya or some institutions, could be lifted and that could have a bearing on the time taken on the cases.

   “As such, the prosecution submits that the new availability of access will constitute ‘good cause’ to vary the time restrictions,” argued Bensouda.

   This comes at a time when Kenyatta’s campaigns for the presidency, with Ruto as his running mate, continue gathering momentum.

   The two have remained confident and dismissive of the looming trials maintaining that they will still be able to run the country even as they attend the trials.

   “What is wrong with that? A president can go to court and answer charges and if they are not confirmed he will continue to do his job,” said Ruto last October.

   “We are in an ICT world; we can do many things on the Internet and make sure Kenya is running so we can chew gum and scale the stairs at the same time.”

   Their opponents and several civil societies have used the trials to discredit their campaigns arguing that Kenya will face serious economic and social sanctions if their bids are successful.

   Kenyatta, Ruto and their supporters however argue that these concerns are nonsensical as Kenya can survive the restrictions.

   Some activists even moved to the High Court seeking to have the two barred from vying for the top seats.

   The Independent Electoral and Boundaries Commission (IEBC) has also added its opinion to the debate saying it will only give them the green light if they are cleared by the court.

   “Uhuru and Ruto may be qualified to contest for elections because they are not guilty of any electoral offence. On the other hand somebody may say that Chapter Six of Constitution is very clear on leadership and integrity,” said IEBC chairman Issack Hassan last November.

   “But as far as we are concerned if the court decides that they are eligible to contest that is the people’s choice; let the people decide who is going to be their leader.”

   The two have been charged at The Hague-based court for crimes including rape, murder and wilful displacement of people.

   Comment by kajimbi | January 11, 2013

2. Comment by Agwambo Style | January 11, 2013

3. Uhuru boys at Work >
   

   Comment by Wakenya Tuskaekimya | January 12, 2013

4. History will judge Uhuru and Ruto very harshly for putting their ego ahead of their country’s stability and development. I don’t mean to say that they are guilty yet but what I mean is that it were better if they concentrated on their cases first and pursue their ambitions later instead of dragging the entire country with them. It is an open secret that if the two can be voted in as President and deputy President they will devote most of their time in defence against the charges they are facing at the expense of the entire country’s development needs. As we do empathize with them, we should remember that Kenya is greater than the four individuals. Five years will soon elapse and if they are innocent they will pursue their political ambitions with the true heroic regards from their supporters and competitors alike. Otherwise we feel that their aim is to pull down the entire county’s progress with their woes in the name of proving their might. Nobody doubts their financial strength but please let them save Kenya for Kenyans.

   Comment by Francis Otuche | January 14, 2013

5. Comment by grenata | January 15, 2013

6. Uhuru and Ruto unfit for office, says Karua
   By JUSTUS WANGA
   Posted Wednesday, December 19 2012

   Narc-Kenya Presidential aspirant Martha Karua on Tuesday reiterated that Uhuru Kenyatta and William Ruto should shelve their political ambitions due to war crimes charges facing them.

   Ms Karua took her campaigns to Kisumu where she warned that electing the two would mean frequent disruption of the government operations whenever they are required to attend court sessions at the International Criminal Court (ICC).

   Speaking at various stops in Kondele, Bus Park, Jua kali and Nyando, the Gichugu MP urged Kenyans to “do the suspects a favour by not electing them”.

   “Electing the two would mean that the government will close its doors to wananchi each time they are called upon to attend court. The scenario looks even grimmer because it would be both the President and his deputy.

   “I ask you to grant them leave to allow them offload the baggage they carry. Kenya is not going anywhere, it will still be here if they are cleared and will be free to vie,” she said.

   The former Justice Minister said that if elected President, she would be tough on corruption in government that was largely responsible for the high cost of living Kenyans face.

   “The Treasury in its annual report has indicated that a third of the country’s revenue is lost to corruption. We are talking about money in excess of Sh300 billion. Just by bridging such loopholes alone, my government would advance basic needs to the citizens without increasing any taxes,” the MP said.

   She accused other presidential contenders of using loot from government coffers to try and influence voting patterns in the March 4 elections.

   Born out of loot

   “They will come to you on the strength of their pockets, dishing out handouts to get your vote, but be warned, they will disappear and will not be accountable to you for the next five years. The upcoming contest is thus between those who stand for justice and truth verses fat pockets born out of loot,” the Narc-Kenya leader said

   She promised free healthcare and education up to secondary level if elected President next year.

   Comment by grenata | January 15, 2013

7. Justus Wanga’s posting referring to Martha Karua comments is ironic. I have documented at gileshumphry.com/politics how Martha Karua framed Ruto. The mainstream media won’t report. Even Kass are too scared due to involvement of Raila allies such as Omar Hassan. You won’t hear about this till after the election. I invite you to inform yourselves.

   Comment by Giles Humphry | January 28, 2013

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