28 thoughts on “Download: Ocampo Six Summons by ICC”
This is really hot and the SIX have no chance unless they have a different case.
Uhuru Kenyatta’s case is so damning:
40. Regarding Kenyatta’s role in the implementation of the common plan, the Prosecutor alleged that his tasks mainly consisted in securing the cooperation of the Mungiki criminal organization for the perpetration of the crimes agreed as part of the common plan.
The Chamber is of the view that there are reasonable grounds to believe that indeed Kenyatta:
(i) organized and facilitated, on several occasions, meetings between powerful pro-PNU figures and representatives of the Mungiki, thus making possible the very conception of the common plan referred to above;
(ii) supervised the preparation and coordination of the Mungiki in advance of the attack;
(iii) contributed money towards the retaliatory attack perpetrated by the Mungiki in the Rift Valley.
The Chamber is thus of the view that there are reasonable grounds to believe that the contribution given by Kenyatta to the implementation of the common plan was essential.
Case against Ruto, Kosgey and Sang:
35. In his Application, the Prosecutor inconsistently presented different modes of liability. In paragraphs 26 and 27 of the Application, the Prosecutor submitted that there are reasonable grounds to believe that “during the PEV, including but not limited to the time period between 27 December 2007 and the end of January 2008”, Ruto, Kosgey and Sang committed the crimes against humanity referred to in Counts 1 to 4 of the Application, and that “the requirements of direct/indirect co- perpetration or of common purpose criminal liability pursuant to Article 25(3)(a) or (d) have been met”.
In presenting his counts, the Prosecutor described the alleged responsibility of the three persons only “as co-perpetrators, or in the alternative” as falling under article 25(3)(d) of the Statute. Later, under the section on modes of liability, the Prosecutor alleged that the three persons’ criminal responsibility fits as “indirect co-perpetrators, or in the alternative, as co-perpetrators” or as common purpose liability under article 25(3)(d) of the Statute.
36. Although the Prosecutor may generally charge in the alternative, he should be consistent throughout his Application about the actual mode(s) of liability that he intends to present to the Chamber. Moreover, the possibility for the Prosecutor to charge in the alternative does not necessarily mean that the Chamber has to respond in the same manner. In particular, the Chamber is not persuaded that it is best practice to make simultaneous findings on modes of liability presented \ in the alternative.
A person cannot be deemed concurrently as a principal and an accessory to the same crime. Thus, it is the Chamber’s view that an initial decision has to be made on the basis of the material provided, as to whether there are reasonable grounds to believe that Ruto, Kosgey and Sang bear criminal responsibility for the crimes against humanity that occurred in the specific locations in the Republic of Kenya, as discussed in section II above, either as co-perpetrators, indirect co- perpetrators, or any other form of liability presented or that the Chamber finds appropriate.
37. On the basis of the material presented, the Chamber finds reasonable grounds to
believe that Ruto and Kosgey are criminally responsible for the crimes against humanity of: murder (article 7(l)(a)); forcible transfer of population (article 7(l(d)) and persecution (article 7(l)(h)) as indirect-co perpetrators pursuant to article 25(3)(a) of the Statute. The Chamber, however, does not find reasonable grounds to believe that Sang is criminally responsible as a principal, le,, an indirect co- perpetrator with Ruto and Kosgey for the crimes against humanity referred to above.
38. Since the Chamber is satisfied, on the basis of the available material, that indirect co-perpetration is the appropriate mode of liability for Ruto and Kosgey, there is no reason to examine their role in light of the alternative mode of liability embodied in article 25(3)(d) of the Statute. As to Sang, the Chamber is satisfied that the material presented, reveals that there are reasonable grounds to believe that his role is best characterised under article 25(3)(d) of the Statute.
39. The Chamber recalls its finding in the confirmation of charges decision concerning the Prosecutor v. Jean-Pierre Bemba, in which it acknowledged that the concept of co-perpetration (joint commission), whether direct or indirect, embodied in article 25(3)(a) of the Statute and reflected in the words “[committing] jointly with another or through another person” must go together with the notion of “control over the crime” .
40. The Chamber also recalls that the mode of liability of indirect co-perpetration consists of the following elements:
(i) the suspect must be part of a common plan or 5 Pre-Trial Chamber II, “Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean-Pierre Bemba Gombo”, ICC-01/05-01/08-424, paras 346-347. an agreement with one or more persons;
(ii) the suspect and the other co-perpetrator(s) must carry out essential contributions in a coordinated manner which result in the fulfilment of the material elements of the crime;
(iii) the suspect must have control over the organisation;
(iv) the organisation must consist of an organised and hierarchal apparatus of power;
(v) the execution of the crimes must be secured by almost automatic compliance with the orders issued by the suspect;
(vi) the suspect must satisfy the subjective elements of the crimes;
(vii) the suspect and the other co-perpetrators must be mutually aware and accept that implementing the common plan will result in the fulfilment of the material elements of the crimes; and
(viii) the suspect must be aware of the factual circumstances enabling him to exercise joint control over the commission of the crime through another person(s).
41. The Chamber finds that there are reasonable grounds to believe that from 30 December 2006 to the end of December 2007, Ruto, Kosgey and Sang, held a series of meetings in which they agreed on a common plan to punish PNU supporters and evict them from the Rift Valley, with the ultimate goal of gaining power and to create a uniform ODM voting block.
This is how silly many Kenyan leaders get by defending criminals who are corrupt to the bone and intimidate others because of impunity. Any sane person cannot publicly support Henry Kosgey like this fool in the video is doing, since he is a well known thief. It is often: Our son is clean, he couldn’t have done that; You are against our tribe etc.
Trial of the Ocampo six will mark the begining of the end of impunity they will be an example to those planing violence aganist poor innocent Kenyans and the rest of African leaders who only understand one language VIOLENCE!!
Weighty matter indeed. The 06 need to retreat to family and make peace with God even as miracle priests and witch doctors hunt them afresh for a piece of thier wealth that lawyers have been salivating for. To victims,Justice be your shield and defender.
Pabaya pako si pema pa mwenzako. The world is convinced O6 have a case to answer. Yet, there are those in government who are tirelessly trying to get them off the cuff, including the president. From all these wikileaks, we can see that the coalition government is a sham. Let us go to the polls today.
Justice is about to be done eventually.The rulling class has always thought they are above the law until now.Never before have they been summoned in a magnitude of this nature.We hail you Mr.Ocampo.If they are found guilty of the offenses for which they are accused of, they should be Jailed for life so that others may learn a lesson.
Kalonzo and co could have fooled me! Actually, they were on fools errand. The trouble with PNU “thinkers” is they have no clue where true international power lies. Or maybe they are too blinded by fury to realize they are up against an immovable force with a clear mission! Free tip. Roll over and play dead or you will become collateral damage.
Those who thought ICC is a kangaroo court.. think again. There are people who havent slept since the announcement and they will not sleep soon. God is great.
Kudos ICC!the six perpetrators of Dec. 2007 election violence must be prosecuted as quickly as possible to avert another repeat of the same. the masters of impunity must stop wasting public funds in campaigning for the deferment of the ICC prosecution.we Kenyans must vehemently oppose any such attempt by government to stop prosecution.
Until Kenyans start to speak with one voice, justice will never be served. The ICC is the least the victims could afford. We as Kenyans have failed our brothers and sisters that perished and had their lives turned upside down. Justice is coming, justice is patient. … and we fail the victims again when we stand aside and let the government waste our resources lobbying for ICC deferrals. Are our voices so powerless as Kenyans?
Kenyans must now learn that the future of our nation is longer than that of our leaders. leaders come and go but the nation remains and must be governed by people who are full of wisdom and not full of themselves.
National Plans to block ICC arrests Plans to block ICC arrests underway .
Tuesday, 08 March 2011 00:01 BY ISAAC ONGIRI AND NZAU MUSAU . DEFERRAL: Ruto and Kalonzo
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THE government plans to shield the Ocampo Six from arrest even if the International Criminal Court issues warrants against them. The plans have gained impetus even as diplomats from countries which are members of the UN Security Council indicated their governments were unlikely to consider a request to defer the case against Kenya.
Vice President Kalonzo Musyoka and six Cabinet ministers have started a second round of shuttle diplomacy to lobby the 21 members of the UN Security Council.
Top government operatives have held several meetings to strategise on what to do if the ICC issues warrants of arrest instead of summonses to the six suspects identified by ICC chief Prosecutor Luis Moreno-Ocampo as bearing the greatest responsibility for the 2007-08 post-election violence.
The Ocampo Six are Deputy Prime Minister Uhuru Kenyatta, suspended Higher Education minister William Ruto, Head of Public Service Francis Muthaura, former police commissioner Hussein Ali, sacked Industrialisation minister Henry Kosgey and Kass FM radio presenter Joshua arap Sang. “There is a general consensus in PNU that we should stop co-operating with ICC. If the ICC goes ahead to indict them, we should not arrest them,” said a senior official in the Office of the President. Arrest warrants would only be issued by the ICC if the suspects refused to respect the summonses to appear in the Hague.
Last week Justice minister Mutula Kilonzo told the 16th session of the UN Human Rights Council, “The government reiterates full cooperation with the ICC within the framework of the Rome Statute. Furthermore with a reformed Judiciary, the government is determined to set up a local judicial mechanism to deal with the perpetrators of post-election violence.”
One of the meetings in Nairobi to discuss the options available was attended by five of the six suspects. The meeting resolved to accord the Ocampo Six “total state protection” in case of a “rogue” reaction by the ICC.
One resolution at a meeting last week attended by several lawyers and Cabinet ministers was to vilify the ICC and make it to look like an aggressor against the people of Kenya. A PS was tasked to mobilise a petition to be signed by at least six million Kenyans to protest against the Hague process.
The PS has issued verbal instructions to the provincial administration which has already started gathering signatures through forms supplied to all offices down to the chief level.
Three District Commissioners confirmed to the Star that they had received the instructions and had ordered chiefs and assistant chiefs under them to collect signatures and ID numbers from 315 people from each sub-location to support a local tribunal. There are over 20,400 sub-locations all over the country.
The petitions are also being circulated at PNU public rallies and meetings including on Sunday at the funds drive at Ruthimitu church in Dagoretti addressed by Uhuru and five PNU ministers and MPs. The MPs asked those at the meeting to ensure they signed the petition.
In the rallies over the weekend and addressed by Uhuru and Ruto, the ICC was presented as an enemy with acting government Chief Whip Johnstone Muthama saying Kenyans will not allow Europeans to arrest Uhuru, the son of Jomo who was jailed for nine years. “It is a matter already concluded. There is a guarantee from the government that none of the six will be handed over. Just see how the suspects are brimming with confidence,” said an MP close to one suspect.
The anti-ICC signatures campaign is being organised by a consortium of NGOs supporting PNU’s plan to ensure the Ocampo Six do not go to the Hague.
53. The Chamber is of the view that there are reasonable grounds to believe that Sang intentionally contributed to the commission of the crimes and his contribution was made, by at least, knowing of the intention of Ruto and Kosgey to commit the crimes against humanity discussed earlier.
This conclusion may be deduced from the fact that he participated in the meetings of 30 December 2006 and 2 November 2007, during which the different aspects of planning to attack the Kikuyus were developed. Moreover, the material presented provides reasonable grounds to believe that Sang, by virtue of his influence in his capacity as a Kass FM radio broadcaster contributed in:
(i) placing Kass FM at the disposal of the organization;
(ii) advertising the organization’s meetings;
(iii) fanning violence spreading hate messages and explicitly revealing a desire to expel the Kikuyus; and through:
(iv) broadcasting false news regarding alleged murder(s) of Kalenjin people in order to inflame the atmosphere.
Accordingly, the Chamber finds reasonable grounds to believe that Sang is criminally responsible under article 25(3) (d) of the Statute for the crimes against humanity committed as discussed in section II above.
Impunity of the highest order- “Mkuki kwa nguruwe kwa binadamu mchungu” Consider the inhumane treatment of loyal citizens – 2007/2008 who were determined to shape the careers of these politicians through the ballot! 3 years down no justice, they are spending their lives in deplorable conditions in camps. No way… may God forbid! Justice should prevail!
Hell. Bravo to Ocampo. We celebrate you. And to those who thought Hague Justice takes 90 Years, like William Ruto, better start packing your luggage, big enough to sustain you for the same 90 years at the Hague.
The final collapse of the KKK alliance let the real battle begin. ICC is the way out, as Kenyans, we dont have yet the mechanism to prosecute crimes of such magnitude.
These are detailed summons. So far, the person with best chance of dismissal or acquittal is Ali. They claim he did not stop Mungiki from commiting the offenses. This will be hard for the Prosecutor to prove because the terrain of Ali’s authority is so widespread that it would be impossible to stop mayhem in every corner where there were clashes. Note how they cleverly frame the charge not to mention Ali acting on behalf of any superior. Are we to assume Ali was on a frolic of his own?
The hour of reckoning is here. You can run but you can never hide. Those who have been going around the country (Kenya)insisting that they will ignore the summons by the International court should now live to their words. Let Uhuru Kenyatta and William Ruto ignore the summons if they are men enough. The days of impunity are closing in on the lords of impunity.
As the inferno raged, a poor mother attempted to climb through the narrow window with her malnourished child clung to her breast. The thick smoke choked both the mother and child. Now she was almost through the narrow window but, the baby slipped and fell. By a twist of fate, the baby had fallen right through the window and into the outside world. With one leap, the mother scaled the mud wall and was finally outside beside her baby. It was then that a shadowy figure emerged from the surrounding darkness and seized the child by its tiny legs. The devil then flung the baby right back into the burning hellhole. Can he ICC hear the cries of the baby?
Only a fool can say that Uhuru is indispensable, if kenyatta were alive today he would be facing Hague for all the murderers he commiited on innocent kenyans like JM Karuiki, his son Uhuru the thug took over and funded the Mungiki murderous gangs to go rape, burn alive, slaughter and behead innocent kenyans in Nakuru, Naivasha and the ones in central province during the 2007 clashes that have not been accounted for up to date.
Murderers don’t belong at the ICC they should be hanged Saddam Hussein style.. Uhuru deserves no better, enuff said
If i was born in the first family, like Uhuru Kenyatta, i would spend more time in helping charities and possibly have a greater vision of becoming a secretary to United NATIONS. Reason? – we aim to be better than our parents.
I thought Uhuru should have aimed higher than being like his late father Jomo Kenyatta: linked to murder and corruption. It’s too late to reverse the damage done – Mama Ngina is having sleepless night (the mum cannot imagine her beloved son being locked up in international criminal court for at least 20 years). Uhuru kenyatta, you should have thought about your ageing mum (75 year old – former first lady). And on that note, i have decided to keep myself out of politics.
Nearly finished off last summer during a government crackdown, the Mungikis have reemerged in a series of recent attacks in the Nairobi slum of Mathare that killed three and maimed more than a dozen others.
“When you see that your tribesmen are being sidelined and then slaughtered, you have to stand up and say ‘No.’ We fight back,” says Peter, a senior Mungiki, who spoke on condition that his real name be withheld.
“Mainly our strategy is to be brutal and to send a message,” he shrugs. “Sometimes it means beheading or dismembering. But the goal is to instill fear and send a message that unless they don’t change what they are doing something bigger will happen to them.”
Human rights activists say that militias like the Mungiki are the main reason why the postelection death toll has been so high.
Unlike spontaneous violence between neighbors, organized militias like the Mungiki sect have the capability and motivation to keep the murderous cycle of revenge attacks going for weeks.
“Initially, we were seeing three kinds of violence,” says Muthoni Wanyeki, executive director of the Kenyan Human Rights Commission. Disorganized violence in villages tended to rise up suddenly, but fizzle out quickly. Organized militias – with paid, motivated members – have kept the violence going and have largely led the charge in expelling minority ethnic groups by force. Police use of extreme force – live bullets rather than water cannons or tear gas – has also stirred ethnic passions.
A fourth type of violence has now emerged, as displaced people carry back stories of horror and spur on calls of revenge in communities that had previously been peaceful. “Now we are seeing a communal response in areas where it has not happened before,” says Ms. Wanyeki.
During a recent brutal attack, Peter says he led from behind, urging younger Mungiki members to attack Luos in the Mathare slum – a signal that Kikuyus are ready to use the same brutal methods that have been used against them. Three people were killed in that attack, and another 13 were maimed. Witnesses say Kenyan police watched the attack for hours before moving in to disperse the Mungikis.
“Usually the problem is between the two biggest tribes, the Luos and the Kikuyus, but this time it is all the other tribes against us,” Peter says. “It’s like we’ve been sitting on a time bomb, which is now exploding.”
He looks toward displaced Kikuyu women, cooking beans and rice in massive caldrons. “Right now, the police are holding us back,” he says. “But if we say now or never, there will be a civil war. Either they kill us or we kill them. I think we are going to win.” http://www.csmonitor.com/World/Africa/2008/0129/p12s01-woaf.html
Uhuru, Kosgey, Ruto, Muthaura and Ali MUST now resign from their public positions. Kibaki initially defended them saying there had no charge summons so had to remain in office. Ocampo seems to be thinking faster and three months after mentioning the SIX, he has them paraded for The Hague.
Ruto had said that The Hague was to come after many had left this world – in the next 99 years, so he did not have to worry.
Uhuru had said that nobody scared them and he would be around for the 2012 presidential campaigns.
Muthaura was caught on tape saying he knew everything that takes place in State House and had to support the killing of Luos in Kibera and Kisumu, since they were looters. What he forgot was that even innocent Luo children were killed for nothing.
God is at last hearing the endless pleas of innocent Kenyans who have suffered for years under the ruthless and murderous presidential rules of Jomo Kenyatta, Moi and Kibaki, whose regimes have committed atrocities beyond mention, but have never been brought to justice because of their tight network of impunity, controlling the justice system.
Could the ICC be our savior to bring justice to those who were killed, maimed, raped and left poor due to the PEV?
We should pay homage to fearless and selfless Kikuyu men like Mr. Martin Ngatia and Mr. Maina Kiai who continue to use public forums and media channels to condemn Kikuyu leaders who exploit their own tribespeople. They are on record for condemning the extra-judicial killings of young Kikuyu men by Kibaki’s security in the name of eradicating the Mungiki, yet many Kikuyus never supported them. They have also condemned the brutality of Kibaki’s security forces and revenge attacks led by Uhuru Kenyatta during the PEV, yet many Kikuyus commenting on the Internet, have never supported them.
Kiai for example, is seen as a traitor who is going against his own tribe. When he released the film titled: “Tomorrow Will Come” in February 2011, a Kikuyu-owned London Website allowed people to create a forum named “Kiai Msaliti” to attack him.
Surely, many Kenyans currently suffer due to hunger and other preventable problems, yet the Kibaki side of government (PNU), is using 35 million Kenya shillings to send VP Kalonzo and others on a stupid shuttle diplomacy mission to wriggle the SIX criminals out of ICC. Why can’t Uhuru donate part of the land his father stole to the languishing Kikuyu IDPs?
Charges for the Ocampo Six have been spelt out clearly and they have been summoned to The Hague. They should now go and present their side of the story. However, if they ignore this and think that the ICC is just like their local courts which they don’t respect, then arrest warrants will be issued and soon they will be hunted down like wild dogs.
Look at president Bashir of Sudan who cannot leave his country to travel abroad, unless he comes to visit an arrogant supporter of impunity like Kibaki. Hypothetically, imagine Uhuru as president and Ruto as VP, yet they cannot visit other countries because of defying the ICC? Shall we have leaders who are evil and partook in the killing of many innocent Kenyans? Are the Kikuyu today blind to the fact that they are in IDP camps because of the Kalenjin warriors who drove them out of their homes?
After being named by Ocampo, Uhuru defended his actions during the PEV by claiming he had been helping “his people” (the Kikuyu IDPs). Helping them with what? By paying and ferrying Mungiki goons to kill innocent unarmed Luo and other non-Kikuyu families in Naivasha? Why couldn’t the Mungiki go and face the Kalenjin warriors who were armed and killing the Kikuyu? We want justice for all and an end to impunity in Kenya.
Death threats on Maina Kiai – this was during his tenure as chairman of the Kenya National Commission on Human Rights (KNCHR) and at the height of the PEV. Imagine working for a government authority, yet being threatened for delivering the very work you were appointed for – JUSTICE: http://www.youtube.com/watch?v=Di3RQxdQ54g&NR=1
No matter what some Kikuyu think of the Luo collectively and negatively, the two Kikuyu presidents (Kenyatta and Kibaki), both ascended to power through the influence of the Luo (Jaramogi Oginga and Raila Odinga).
One can rubbish Jaramogi as having been naïve to support Kenyatta and thus lost the chance to lead Kenya when offered the chance by then British Governor. However, he must also be respected as somebody who wanted an all inclusive government for all the so-called small and big tribes. He was for political pluralism which allowed checks and balances.
Instead of allowing all tribes to share the fruits of Uhuru, Mzee Kenyatta consolidated power within his core Kikuyu members that became known as the Kiambu Mafia. His 15 years of leadership contributed to a one-party State rule, tribalism, political assassinations, land grabbing, grand corruption and impunity. Moi continued the same, while Kibaki has become the master of all evil things in Kenya.
Raila Odinga used only two words to endorse Kibaki: “KIBAKI TOSHA”. The rest is history. Now we know Kibaki was only interested in furthering the GEMA agenda.
According to Professor Ali Mazrui:
Jaramogi Oginga Odinga joined forces with Tom Mboya in the struggle against white settlers’ privileges and for the release of the imprisoned national leader, Jomo Kenyatta.
A more dramatic blow for democracy struck by Oginga Odinga occurred when he was invited to the residence of the Governor, Sir Patrick Renison, and offered the leadership of the first African government in colonial Kenya. This event occurred in Government House (now called State House) in Nairobi in 1960.
The British Governor and the Kenyan nationalist were both standing when the offer was made. It seemed to be the chance of a lifetime. It turned out to be Oginga Odinga’s last opportunity to become premier of Kenya on the eve of independence. Oginga Odinga is reported to have responded as follows to the Governor:
“If I accept your offer, I will be seen as a traitor to my people. The British cannot elect me leader to my people. Kenyatta is around, just here at Lodwar. Release him and allow him to lead us; he is already our choice.”
Sir Patrick Renison was temporarily stunned. He then summoned the driver to take Mr. Oginga Odinga back to his native quarters in Nairobi.
We now know that Oginga Odinga struck a blow against external selection of African leaders. He had sacrificed what turned out to be his last opportunity to lead Kenya. His incumbency could have transformed the ethnic configurations of postcolonial Kenya.
If Oginga Odinga had accepted the Governor’s offer, then he could have presided over the release of Jomo Kenyatta, and Kenyatta might have become Odinga’s Vice President instead of the other way round.
If Odinga’s first blow in favor of democracy was to reject the external selection of African leaders, Odinga’s second blow in favour of democracy was to challenge the doctrine of one-party monopoly of power.
What’s the common character flaw among the following persons?
Kibaki, Moi, Ruto, Muthaura, Napoleon,Stalin, Macbeth, Pol Pot, Gaddafi, Cain, Hitler, Uhuru, Kosgei (both male and female)?
HUBRIS !! The unbridled overbearing pride! They are arrogance personified. Each is a national shame to their respective countries.
The six being summoned by ICC Court will answer some questions why they have been operating against the the wornings they were given by Ocampo after being mentioned.It seems they were being guided by somebody who thought he or she is above the law. But now they have opened the door for the way out to be seen through to the real base of the trouble makers. The big fish will dry up because there is no water to hide in.The blood of the dead is haunting them.
KBC News
ICC launches new TV series on Kenya
Written By:Carol Gakii/agencies, Posted: Thu, Mar 10, 2011
The International Criminal Court (ICC) on Thursday launched a series of programmes on its operations in Kenya.
The series “Ask the Court” aired by the Outreach Unit of ICC answers the most frequently asked questions raised by the Kenyans on the Court’s mandate and its work.
“The TV series has been designed to foster interaction between the Court and the national population, in particular with those most affected by the post-election violence,” says a statement from ICC.
“It explains judicial developments as they unfold, clarifies the next steps in the Court’s procedures, and enhances transparency and understanding of ICC proceedings.”
The launch comes at a time when ICC has issued summonses to six senior politicians and government officials deemed to bear the greatest responsibility for the 2008 post-election violence to appear before it.
While explaining the content of the programme on the ICC’s YouTube channel, the court’s Pre-trial division legal officer Mohhamed Zeidy said that once the six appear before the court, charges being preferred against them will be read to them and they will be informed of their rights.
He said warrants of arrest will be issued against any of the suspects who fail to honor the summonses. Zeidy said the court issued the summonses after prosecutor Luis Moreno Ocampo convinced the judges that he had sufficient evidence against the six.
On the dissenting view by one of the judges Justice Kaul, Zeidy says it has implication on the process of the proceedings.
Thursday’s episode is the first in a series of programmes that will follow the developments of the Court’s judicial procedures in the Kenya situation.
It explains Pre-Trial Chamber II’s recent decision to issue summonses to appear for the six suspects and provides further explanations on the judicial steps following this decision.
The programme will be broadcasted on Kenyan television stations including KBC, KTN, Citizen TV, NTV, K24 and Sayare.
The programme will be further translated into four local languages and broadcast on 13 local radio stations. Each episode will also be available on the ICC’s YouTube channel.
Other TV and local radio stations are also encouraged to broadcast the programmes; no further permission is required.
This is really hot and the SIX have no chance unless they have a different case.
Uhuru Kenyatta’s case is so damning:
40. Regarding Kenyatta’s role in the implementation of the common plan, the Prosecutor alleged that his tasks mainly consisted in securing the cooperation of the Mungiki criminal organization for the perpetration of the crimes agreed as part of the common plan.
The Chamber is of the view that there are reasonable grounds to believe that indeed Kenyatta:
(i) organized and facilitated, on several occasions, meetings between powerful pro-PNU figures and representatives of the Mungiki, thus making possible the very conception of the common plan referred to above;
(ii) supervised the preparation and coordination of the Mungiki in advance of the attack;
(iii) contributed money towards the retaliatory attack perpetrated by the Mungiki in the Rift Valley.
The Chamber is thus of the view that there are reasonable grounds to believe that the contribution given by Kenyatta to the implementation of the common plan was essential.
Case against Ruto, Kosgey and Sang:
35. In his Application, the Prosecutor inconsistently presented different modes of liability. In paragraphs 26 and 27 of the Application, the Prosecutor submitted that there are reasonable grounds to believe that “during the PEV, including but not limited to the time period between 27 December 2007 and the end of January 2008”, Ruto, Kosgey and Sang committed the crimes against humanity referred to in Counts 1 to 4 of the Application, and that “the requirements of direct/indirect co- perpetration or of common purpose criminal liability pursuant to Article 25(3)(a) or (d) have been met”.
In presenting his counts, the Prosecutor described the alleged responsibility of the three persons only “as co-perpetrators, or in the alternative” as falling under article 25(3)(d) of the Statute. Later, under the section on modes of liability, the Prosecutor alleged that the three persons’ criminal responsibility fits as “indirect co-perpetrators, or in the alternative, as co-perpetrators” or as common purpose liability under article 25(3)(d) of the Statute.
36. Although the Prosecutor may generally charge in the alternative, he should be consistent throughout his Application about the actual mode(s) of liability that he intends to present to the Chamber. Moreover, the possibility for the Prosecutor to charge in the alternative does not necessarily mean that the Chamber has to respond in the same manner. In particular, the Chamber is not persuaded that it is best practice to make simultaneous findings on modes of liability presented \ in the alternative.
A person cannot be deemed concurrently as a principal and an accessory to the same crime. Thus, it is the Chamber’s view that an initial decision has to be made on the basis of the material provided, as to whether there are reasonable grounds to believe that Ruto, Kosgey and Sang bear criminal responsibility for the crimes against humanity that occurred in the specific locations in the Republic of Kenya, as discussed in section II above, either as co-perpetrators, indirect co- perpetrators, or any other form of liability presented or that the Chamber finds appropriate.
37. On the basis of the material presented, the Chamber finds reasonable grounds to
believe that Ruto and Kosgey are criminally responsible for the crimes against humanity of: murder (article 7(l)(a)); forcible transfer of population (article 7(l(d)) and persecution (article 7(l)(h)) as indirect-co perpetrators pursuant to article 25(3)(a) of the Statute. The Chamber, however, does not find reasonable grounds to believe that Sang is criminally responsible as a principal, le,, an indirect co- perpetrator with Ruto and Kosgey for the crimes against humanity referred to above.
38. Since the Chamber is satisfied, on the basis of the available material, that indirect co-perpetration is the appropriate mode of liability for Ruto and Kosgey, there is no reason to examine their role in light of the alternative mode of liability embodied in article 25(3)(d) of the Statute. As to Sang, the Chamber is satisfied that the material presented, reveals that there are reasonable grounds to believe that his role is best characterised under article 25(3)(d) of the Statute.
39. The Chamber recalls its finding in the confirmation of charges decision concerning the Prosecutor v. Jean-Pierre Bemba, in which it acknowledged that the concept of co-perpetration (joint commission), whether direct or indirect, embodied in article 25(3)(a) of the Statute and reflected in the words “[committing] jointly with another or through another person” must go together with the notion of “control over the crime” .
40. The Chamber also recalls that the mode of liability of indirect co-perpetration consists of the following elements:
(i) the suspect must be part of a common plan or 5 Pre-Trial Chamber II, “Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean-Pierre Bemba Gombo”, ICC-01/05-01/08-424, paras 346-347. an agreement with one or more persons;
(ii) the suspect and the other co-perpetrator(s) must carry out essential contributions in a coordinated manner which result in the fulfilment of the material elements of the crime;
(iii) the suspect must have control over the organisation;
(iv) the organisation must consist of an organised and hierarchal apparatus of power;
(v) the execution of the crimes must be secured by almost automatic compliance with the orders issued by the suspect;
(vi) the suspect must satisfy the subjective elements of the crimes;
(vii) the suspect and the other co-perpetrators must be mutually aware and accept that implementing the common plan will result in the fulfilment of the material elements of the crimes; and
(viii) the suspect must be aware of the factual circumstances enabling him to exercise joint control over the commission of the crime through another person(s).
41. The Chamber finds that there are reasonable grounds to believe that from 30 December 2006 to the end of December 2007, Ruto, Kosgey and Sang, held a series of meetings in which they agreed on a common plan to punish PNU supporters and evict them from the Rift Valley, with the ultimate goal of gaining power and to create a uniform ODM voting block.
This is how silly many Kenyan leaders get by defending criminals who are corrupt to the bone and intimidate others because of impunity. Any sane person cannot publicly support Henry Kosgey like this fool in the video is doing, since he is a well known thief. It is often: Our son is clean, he couldn’t have done that; You are against our tribe etc.
Trial of the Ocampo six will mark the begining of the end of impunity they will be an example to those planing violence aganist poor innocent Kenyans and the rest of African leaders who only understand one language VIOLENCE!!
Weighty matter indeed. The 06 need to retreat to family and make peace with God even as miracle priests and witch doctors hunt them afresh for a piece of thier wealth that lawyers have been salivating for. To victims,Justice be your shield and defender.
Pabaya pako si pema pa mwenzako. The world is convinced O6 have a case to answer. Yet, there are those in government who are tirelessly trying to get them off the cuff, including the president. From all these wikileaks, we can see that the coalition government is a sham. Let us go to the polls today.
Justice is about to be done eventually.The rulling class has always thought they are above the law until now.Never before have they been summoned in a magnitude of this nature.We hail you Mr.Ocampo.If they are found guilty of the offenses for which they are accused of, they should be Jailed for life so that others may learn a lesson.
Kalonzo and co could have fooled me! Actually, they were on fools errand. The trouble with PNU “thinkers” is they have no clue where true international power lies. Or maybe they are too blinded by fury to realize they are up against an immovable force with a clear mission! Free tip. Roll over and play dead or you will become collateral damage.
Those who thought ICC is a kangaroo court.. think again. There are people who havent slept since the announcement and they will not sleep soon. God is great.
Kudos ICC!the six perpetrators of Dec. 2007 election violence must be prosecuted as quickly as possible to avert another repeat of the same. the masters of impunity must stop wasting public funds in campaigning for the deferment of the ICC prosecution.we Kenyans must vehemently oppose any such attempt by government to stop prosecution.
Until Kenyans start to speak with one voice, justice will never be served. The ICC is the least the victims could afford. We as Kenyans have failed our brothers and sisters that perished and had their lives turned upside down. Justice is coming, justice is patient. … and we fail the victims again when we stand aside and let the government waste our resources lobbying for ICC deferrals. Are our voices so powerless as Kenyans?
Kenyans must now learn that the future of our nation is longer than that of our leaders. leaders come and go but the nation remains and must be governed by people who are full of wisdom and not full of themselves.
National Plans to block ICC arrests Plans to block ICC arrests underway .
Tuesday, 08 March 2011 00:01 BY ISAAC ONGIRI AND NZAU MUSAU . DEFERRAL: Ruto and Kalonzo
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THE government plans to shield the Ocampo Six from arrest even if the International Criminal Court issues warrants against them. The plans have gained impetus even as diplomats from countries which are members of the UN Security Council indicated their governments were unlikely to consider a request to defer the case against Kenya.
Vice President Kalonzo Musyoka and six Cabinet ministers have started a second round of shuttle diplomacy to lobby the 21 members of the UN Security Council.
Top government operatives have held several meetings to strategise on what to do if the ICC issues warrants of arrest instead of summonses to the six suspects identified by ICC chief Prosecutor Luis Moreno-Ocampo as bearing the greatest responsibility for the 2007-08 post-election violence.
The Ocampo Six are Deputy Prime Minister Uhuru Kenyatta, suspended Higher Education minister William Ruto, Head of Public Service Francis Muthaura, former police commissioner Hussein Ali, sacked Industrialisation minister Henry Kosgey and Kass FM radio presenter Joshua arap Sang. “There is a general consensus in PNU that we should stop co-operating with ICC. If the ICC goes ahead to indict them, we should not arrest them,” said a senior official in the Office of the President. Arrest warrants would only be issued by the ICC if the suspects refused to respect the summonses to appear in the Hague.
Last week Justice minister Mutula Kilonzo told the 16th session of the UN Human Rights Council, “The government reiterates full cooperation with the ICC within the framework of the Rome Statute. Furthermore with a reformed Judiciary, the government is determined to set up a local judicial mechanism to deal with the perpetrators of post-election violence.”
One of the meetings in Nairobi to discuss the options available was attended by five of the six suspects. The meeting resolved to accord the Ocampo Six “total state protection” in case of a “rogue” reaction by the ICC.
One resolution at a meeting last week attended by several lawyers and Cabinet ministers was to vilify the ICC and make it to look like an aggressor against the people of Kenya. A PS was tasked to mobilise a petition to be signed by at least six million Kenyans to protest against the Hague process.
The PS has issued verbal instructions to the provincial administration which has already started gathering signatures through forms supplied to all offices down to the chief level.
Three District Commissioners confirmed to the Star that they had received the instructions and had ordered chiefs and assistant chiefs under them to collect signatures and ID numbers from 315 people from each sub-location to support a local tribunal. There are over 20,400 sub-locations all over the country.
The petitions are also being circulated at PNU public rallies and meetings including on Sunday at the funds drive at Ruthimitu church in Dagoretti addressed by Uhuru and five PNU ministers and MPs. The MPs asked those at the meeting to ensure they signed the petition.
In the rallies over the weekend and addressed by Uhuru and Ruto, the ICC was presented as an enemy with acting government Chief Whip Johnstone Muthama saying Kenyans will not allow Europeans to arrest Uhuru, the son of Jomo who was jailed for nine years. “It is a matter already concluded. There is a guarantee from the government that none of the six will be handed over. Just see how the suspects are brimming with confidence,” said an MP close to one suspect.
The anti-ICC signatures campaign is being organised by a consortium of NGOs supporting PNU’s plan to ensure the Ocampo Six do not go to the Hague.
The specific summons against Sang of KASS FM:
53. The Chamber is of the view that there are reasonable grounds to believe that Sang intentionally contributed to the commission of the crimes and his contribution was made, by at least, knowing of the intention of Ruto and Kosgey to commit the crimes against humanity discussed earlier.
This conclusion may be deduced from the fact that he participated in the meetings of 30 December 2006 and 2 November 2007, during which the different aspects of planning to attack the Kikuyus were developed. Moreover, the material presented provides reasonable grounds to believe that Sang, by virtue of his influence in his capacity as a Kass FM radio broadcaster contributed in:
(i) placing Kass FM at the disposal of the organization;
(ii) advertising the organization’s meetings;
(iii) fanning violence spreading hate messages and explicitly revealing a desire to expel the Kikuyus; and through:
(iv) broadcasting false news regarding alleged murder(s) of Kalenjin people in order to inflame the atmosphere.
Accordingly, the Chamber finds reasonable grounds to believe that Sang is criminally responsible under article 25(3) (d) of the Statute for the crimes against humanity committed as discussed in section II above.
Impunity of the highest order- “Mkuki kwa nguruwe kwa binadamu mchungu” Consider the inhumane treatment of loyal citizens – 2007/2008 who were determined to shape the careers of these politicians through the ballot! 3 years down no justice, they are spending their lives in deplorable conditions in camps. No way… may God forbid! Justice should prevail!
Hell. Bravo to Ocampo. We celebrate you. And to those who thought Hague Justice takes 90 Years, like William Ruto, better start packing your luggage, big enough to sustain you for the same 90 years at the Hague.
The final collapse of the KKK alliance let the real battle begin. ICC is the way out, as Kenyans, we dont have yet the mechanism to prosecute crimes of such magnitude.
These are detailed summons. So far, the person with best chance of dismissal or acquittal is Ali. They claim he did not stop Mungiki from commiting the offenses. This will be hard for the Prosecutor to prove because the terrain of Ali’s authority is so widespread that it would be impossible to stop mayhem in every corner where there were clashes. Note how they cleverly frame the charge not to mention Ali acting on behalf of any superior. Are we to assume Ali was on a frolic of his own?
The hour of reckoning is here. You can run but you can never hide. Those who have been going around the country (Kenya)insisting that they will ignore the summons by the International court should now live to their words. Let Uhuru Kenyatta and William Ruto ignore the summons if they are men enough. The days of impunity are closing in on the lords of impunity.
As the inferno raged, a poor mother attempted to climb through the narrow window with her malnourished child clung to her breast. The thick smoke choked both the mother and child. Now she was almost through the narrow window but, the baby slipped and fell. By a twist of fate, the baby had fallen right through the window and into the outside world. With one leap, the mother scaled the mud wall and was finally outside beside her baby. It was then that a shadowy figure emerged from the surrounding darkness and seized the child by its tiny legs. The devil then flung the baby right back into the burning hellhole. Can he ICC hear the cries of the baby?
Only a fool can say that Uhuru is indispensable, if kenyatta were alive today he would be facing Hague for all the murderers he commiited on innocent kenyans like JM Karuiki, his son Uhuru the thug took over and funded the Mungiki murderous gangs to go rape, burn alive, slaughter and behead innocent kenyans in Nakuru, Naivasha and the ones in central province during the 2007 clashes that have not been accounted for up to date.
Murderers don’t belong at the ICC they should be hanged Saddam Hussein style.. Uhuru deserves no better, enuff said
If i was born in the first family, like Uhuru Kenyatta, i would spend more time in helping charities and possibly have a greater vision of becoming a secretary to United NATIONS. Reason? – we aim to be better than our parents.
I thought Uhuru should have aimed higher than being like his late father Jomo Kenyatta: linked to murder and corruption. It’s too late to reverse the damage done – Mama Ngina is having sleepless night (the mum cannot imagine her beloved son being locked up in international criminal court for at least 20 years). Uhuru kenyatta, you should have thought about your ageing mum (75 year old – former first lady). And on that note, i have decided to keep myself out of politics.
Nearly finished off last summer during a government crackdown, the Mungikis have reemerged in a series of recent attacks in the Nairobi slum of Mathare that killed three and maimed more than a dozen others.
“When you see that your tribesmen are being sidelined and then slaughtered, you have to stand up and say ‘No.’ We fight back,” says Peter, a senior Mungiki, who spoke on condition that his real name be withheld.
“Mainly our strategy is to be brutal and to send a message,” he shrugs. “Sometimes it means beheading or dismembering. But the goal is to instill fear and send a message that unless they don’t change what they are doing something bigger will happen to them.”
Human rights activists say that militias like the Mungiki are the main reason why the postelection death toll has been so high.
Unlike spontaneous violence between neighbors, organized militias like the Mungiki sect have the capability and motivation to keep the murderous cycle of revenge attacks going for weeks.
“Initially, we were seeing three kinds of violence,” says Muthoni Wanyeki, executive director of the Kenyan Human Rights Commission. Disorganized violence in villages tended to rise up suddenly, but fizzle out quickly. Organized militias – with paid, motivated members – have kept the violence going and have largely led the charge in expelling minority ethnic groups by force. Police use of extreme force – live bullets rather than water cannons or tear gas – has also stirred ethnic passions.
A fourth type of violence has now emerged, as displaced people carry back stories of horror and spur on calls of revenge in communities that had previously been peaceful. “Now we are seeing a communal response in areas where it has not happened before,” says Ms. Wanyeki.
During a recent brutal attack, Peter says he led from behind, urging younger Mungiki members to attack Luos in the Mathare slum – a signal that Kikuyus are ready to use the same brutal methods that have been used against them. Three people were killed in that attack, and another 13 were maimed. Witnesses say Kenyan police watched the attack for hours before moving in to disperse the Mungikis.
“Usually the problem is between the two biggest tribes, the Luos and the Kikuyus, but this time it is all the other tribes against us,” Peter says. “It’s like we’ve been sitting on a time bomb, which is now exploding.”
He looks toward displaced Kikuyu women, cooking beans and rice in massive caldrons. “Right now, the police are holding us back,” he says. “But if we say now or never, there will be a civil war. Either they kill us or we kill them. I think we are going to win.”
http://www.csmonitor.com/World/Africa/2008/0129/p12s01-woaf.html
Uhuru, Kosgey, Ruto, Muthaura and Ali MUST now resign from their public positions. Kibaki initially defended them saying there had no charge summons so had to remain in office. Ocampo seems to be thinking faster and three months after mentioning the SIX, he has them paraded for The Hague.
Ruto had said that The Hague was to come after many had left this world – in the next 99 years, so he did not have to worry.
Uhuru had said that nobody scared them and he would be around for the 2012 presidential campaigns.
Muthaura was caught on tape saying he knew everything that takes place in State House and had to support the killing of Luos in Kibera and Kisumu, since they were looters. What he forgot was that even innocent Luo children were killed for nothing.
God is at last hearing the endless pleas of innocent Kenyans who have suffered for years under the ruthless and murderous presidential rules of Jomo Kenyatta, Moi and Kibaki, whose regimes have committed atrocities beyond mention, but have never been brought to justice because of their tight network of impunity, controlling the justice system.
Could the ICC be our savior to bring justice to those who were killed, maimed, raped and left poor due to the PEV?
We should pay homage to fearless and selfless Kikuyu men like Mr. Martin Ngatia and Mr. Maina Kiai who continue to use public forums and media channels to condemn Kikuyu leaders who exploit their own tribespeople. They are on record for condemning the extra-judicial killings of young Kikuyu men by Kibaki’s security in the name of eradicating the Mungiki, yet many Kikuyus never supported them. They have also condemned the brutality of Kibaki’s security forces and revenge attacks led by Uhuru Kenyatta during the PEV, yet many Kikuyus commenting on the Internet, have never supported them.
Kiai for example, is seen as a traitor who is going against his own tribe. When he released the film titled: “Tomorrow Will Come” in February 2011, a Kikuyu-owned London Website allowed people to create a forum named “Kiai Msaliti” to attack him.
Surely, many Kenyans currently suffer due to hunger and other preventable problems, yet the Kibaki side of government (PNU), is using 35 million Kenya shillings to send VP Kalonzo and others on a stupid shuttle diplomacy mission to wriggle the SIX criminals out of ICC. Why can’t Uhuru donate part of the land his father stole to the languishing Kikuyu IDPs?
Charges for the Ocampo Six have been spelt out clearly and they have been summoned to The Hague. They should now go and present their side of the story. However, if they ignore this and think that the ICC is just like their local courts which they don’t respect, then arrest warrants will be issued and soon they will be hunted down like wild dogs.
Look at president Bashir of Sudan who cannot leave his country to travel abroad, unless he comes to visit an arrogant supporter of impunity like Kibaki. Hypothetically, imagine Uhuru as president and Ruto as VP, yet they cannot visit other countries because of defying the ICC? Shall we have leaders who are evil and partook in the killing of many innocent Kenyans? Are the Kikuyu today blind to the fact that they are in IDP camps because of the Kalenjin warriors who drove them out of their homes?
After being named by Ocampo, Uhuru defended his actions during the PEV by claiming he had been helping “his people” (the Kikuyu IDPs). Helping them with what? By paying and ferrying Mungiki goons to kill innocent unarmed Luo and other non-Kikuyu families in Naivasha? Why couldn’t the Mungiki go and face the Kalenjin warriors who were armed and killing the Kikuyu? We want justice for all and an end to impunity in Kenya.
Death threats on Maina Kiai – this was during his tenure as chairman of the Kenya National Commission on Human Rights (KNCHR) and at the height of the PEV. Imagine working for a government authority, yet being threatened for delivering the very work you were appointed for – JUSTICE: http://www.youtube.com/watch?v=Di3RQxdQ54g&NR=1
No matter what some Kikuyu think of the Luo collectively and negatively, the two Kikuyu presidents (Kenyatta and Kibaki), both ascended to power through the influence of the Luo (Jaramogi Oginga and Raila Odinga).
One can rubbish Jaramogi as having been naïve to support Kenyatta and thus lost the chance to lead Kenya when offered the chance by then British Governor. However, he must also be respected as somebody who wanted an all inclusive government for all the so-called small and big tribes. He was for political pluralism which allowed checks and balances.
Instead of allowing all tribes to share the fruits of Uhuru, Mzee Kenyatta consolidated power within his core Kikuyu members that became known as the Kiambu Mafia. His 15 years of leadership contributed to a one-party State rule, tribalism, political assassinations, land grabbing, grand corruption and impunity. Moi continued the same, while Kibaki has become the master of all evil things in Kenya.
Raila Odinga used only two words to endorse Kibaki: “KIBAKI TOSHA”. The rest is history. Now we know Kibaki was only interested in furthering the GEMA agenda.
According to Professor Ali Mazrui:
Jaramogi Oginga Odinga joined forces with Tom Mboya in the struggle against white settlers’ privileges and for the release of the imprisoned national leader, Jomo Kenyatta.
A more dramatic blow for democracy struck by Oginga Odinga occurred when he was invited to the residence of the Governor, Sir Patrick Renison, and offered the leadership of the first African government in colonial Kenya. This event occurred in Government House (now called State House) in Nairobi in 1960.
The British Governor and the Kenyan nationalist were both standing when the offer was made. It seemed to be the chance of a lifetime. It turned out to be Oginga Odinga’s last opportunity to become premier of Kenya on the eve of independence. Oginga Odinga is reported to have responded as follows to the Governor:
“If I accept your offer, I will be seen as a traitor to my people. The British cannot elect me leader to my people. Kenyatta is around, just here at Lodwar. Release him and allow him to lead us; he is already our choice.”
Sir Patrick Renison was temporarily stunned. He then summoned the driver to take Mr. Oginga Odinga back to his native quarters in Nairobi.
We now know that Oginga Odinga struck a blow against external selection of African leaders. He had sacrificed what turned out to be his last opportunity to lead Kenya. His incumbency could have transformed the ethnic configurations of postcolonial Kenya.
If Oginga Odinga had accepted the Governor’s offer, then he could have presided over the release of Jomo Kenyatta, and Kenyatta might have become Odinga’s Vice President instead of the other way round.
If Odinga’s first blow in favor of democracy was to reject the external selection of African leaders, Odinga’s second blow in favour of democracy was to challenge the doctrine of one-party monopoly of power.
http://igcs.binghamton.edu/igcs_site/dirton28.htm
What’s the common character flaw among the following persons?
Kibaki, Moi, Ruto, Muthaura, Napoleon,Stalin, Macbeth, Pol Pot, Gaddafi, Cain, Hitler, Uhuru, Kosgei (both male and female)?
HUBRIS !! The unbridled overbearing pride! They are arrogance personified. Each is a national shame to their respective countries.
The six being summoned by ICC Court will answer some questions why they have been operating against the the wornings they were given by Ocampo after being mentioned.It seems they were being guided by somebody who thought he or she is above the law. But now they have opened the door for the way out to be seen through to the real base of the trouble makers. The big fish will dry up because there is no water to hide in.The blood of the dead is haunting them.
KBC News
ICC launches new TV series on Kenya
Written By:Carol Gakii/agencies, Posted: Thu, Mar 10, 2011
The International Criminal Court (ICC) on Thursday launched a series of programmes on its operations in Kenya.
The series “Ask the Court” aired by the Outreach Unit of ICC answers the most frequently asked questions raised by the Kenyans on the Court’s mandate and its work.
“The TV series has been designed to foster interaction between the Court and the national population, in particular with those most affected by the post-election violence,” says a statement from ICC.
“It explains judicial developments as they unfold, clarifies the next steps in the Court’s procedures, and enhances transparency and understanding of ICC proceedings.”
The launch comes at a time when ICC has issued summonses to six senior politicians and government officials deemed to bear the greatest responsibility for the 2008 post-election violence to appear before it.
While explaining the content of the programme on the ICC’s YouTube channel, the court’s Pre-trial division legal officer Mohhamed Zeidy said that once the six appear before the court, charges being preferred against them will be read to them and they will be informed of their rights.
He said warrants of arrest will be issued against any of the suspects who fail to honor the summonses. Zeidy said the court issued the summonses after prosecutor Luis Moreno Ocampo convinced the judges that he had sufficient evidence against the six.
On the dissenting view by one of the judges Justice Kaul, Zeidy says it has implication on the process of the proceedings.
Thursday’s episode is the first in a series of programmes that will follow the developments of the Court’s judicial procedures in the Kenya situation.
It explains Pre-Trial Chamber II’s recent decision to issue summonses to appear for the six suspects and provides further explanations on the judicial steps following this decision.
The programme will be broadcasted on Kenyan television stations including KBC, KTN, Citizen TV, NTV, K24 and Sayare.
The programme will be further translated into four local languages and broadcast on 13 local radio stations. Each episode will also be available on the ICC’s YouTube channel.
Other TV and local radio stations are also encouraged to broadcast the programmes; no further permission is required.
For viewing:
YouTube: http://www.youtube.com/watch?v=M04D5M-q1EA
For downloading:
Audio: http://www.fileserver.icc-cpi.info/audio/Ask_the_Court_KENYA.mp3
Video: http://www.fileserver.icc-cpi.info/video/Ask_the_Court_KENYA.mp4