ICC: How Ruto and Uhuru Might Become Wanted Fugitives Before Being Captured
If Walter Baraza is not handed in, William Ruto will be detained at The Hague. What about sacrificing Baraza to buy time for Ruto to pose as though the government is cooperating with The ICC?
Finally, Deputy President and suspect of crimes against humanity, William Ruto, is beginning to understand that ICC is not a movie but stark reality that may see him locked in the Hague for 50 years Charles Taylor style. Initially, Ruto’s trips to the ICC were characterized by huge media coverage. However, as witnesses begun to testify and as the impact of ICC cases on Ruto’s role as Deputy President took its toll, the razzmatazz that was created by the compliant Kenyan media around Ruto’s every departure to The Hague fizzled. It is suddenly downing on Ruto that the ICC imbroglio might entangle him during the better part of his term in office, leaving him with no room to make any political impact during his tenure as Deputy President.
The purpose of rigging the March 4th 2013 elections in favour of Jubilee was principally to assist Ruto and his co-accused, Uhuru Kenyatta to evade ICC on the one hand and to enable the Mount Kenya Mafia to continue wielding power on the other. While the latter objective was achieved, the heinous Mount Kenya Mafia agenda of exploiting Jubilee’s illegal hold on power to wade off ICC trials is becoming elusive every day. At the moment, Ruto is on tenterhooks at the ICC because if Walter Baraza, the Journalist accused by the ICC of bribing witnesses, is not handed over as per schedule, Kenyans will witness two major developments.
Baraza’s handing over to ICC will create headache for government
Walter Baraza: He might switch sides from an anti-ICC activist to a key prosecution witness on ICC witness bribery and intimidation if he is dumped by Uhuruto. He may then spill the beans and plunge Jubilee into an even deeper crisis.
If the deadline passes without Baraza ending up confined at ICC Headquarters, Ruto will be detained at The Hague. If the government decides not to hand over Baraza and Ruto gets a breathing space to return to Kenya before the expiry of Baraza’s handing-over deadline, Ruto will not be able to return to The Hague without risking detention on grounds that Kenya is not cooperating with the ICC. From the point of view of strategy, voting by the Jubilee M-pigs for Kenya to quit the ICC at a time when the Ruto case had just began was ill-informed. This is because the move created undue suspicion between Kenya and the ICC. This suspicion has negated any gestures by Ruto that he is cooperating with the ICC and if Baraza is not handed over, it is difficult to envisage how Ruto will evade detention at the ICC on grounds that the ICC can no longer trust the Kenyan government. Despite the Attorney General, Githu Muigai’s chest-thumping to the effect that Baraza’s case will have to go through a Judicial Review, any failure to hand over Baraza to the ICC will put Ruto at great risk while casting Uhuru Kenyatta in absolute limbo. The scenario that might follow is almost predictable.
If Baraza is not handed over when Ruto is in Kenya, the DP will not return to The Hague and an arrest warrant will be issued for him too. Consequently, Uhuru will not travel to The Hague. Once the President absconds from justice, the ICC will issue an arrest warrant for him and this will complicate Uhuru Kenyatta’s presidency because he will not be able to travel anywhere outside Kenya without risking arrest. He will be like the Sudanese President Al Bashir who rarely leaves his country. For the Jubilee government to continue buying time with the ICC as the Ruto case roles, the government will have to sacrifice Baraza and hand him over. Within the corridors of power, Baraza is a nobody and sacrificing him shouldn’t be a big headache for the Mount Kenya Mafia especially if the reason is to buy time for Ruto to continue posing as though he is cooperating with the ICC. Unfortunately, handing over Baraza to the ICC will generate a much more bigger problem that the Jubilee government will be unable to deal with.
If ICC has evidence that Baraza has been bribing witnesses, then the logical conclusion is that Baraza has been helping both Ruto and Uhuru to evade justice. What is known is that it is practically impossible for any Kenyan to engage in the complicated and sensitive business of bribing or intimidating ICC witnesses without help from the government. The big problem which will be created for both Uhuru and Ruto once Baraza is handed over is that Baraza will interpret his handover to mean that he has been sold by the very people he has been trying to help. The psychological effect on Baraza is that he will undergo a complete metamorphosis – from an anti-ICC activist to an ICC witness on the thorny issue of witness tampering. With his inside scoop on the intricacies of witness intimidation, bribery and harassment, Baraza will open a Pandora’s box and no one will be able to predict the number of big-wigs who will be implicated by the emergent “Barazagate scandal”.
This is the ultimate nightmare scenario for Uhuru, Ruto and key operatives within the Intelligence community that has obviously been abetting Baraza. While spilling the beans at the ICC, Baraza may go deeper and further implicate the spy Chief, Gichangi together with top government apparatchiks who assisted him in his mission thereby opening the flood-gates of arrest warrants from the ICC of top conspirators who might be named by Baraza. Although sacrificing the little known Baraza on a short term may sound inconsequential, the Baraza monster may come back to haunt top personalities in government in very unpredictable ways. This explains why the country’s Attorney General had to introduce a stop-gap mechanism which he called “Judicial Review” of Baraza’s case as the government contemplated key implications. Judging from the dirty government record, Baraza may have to be killed one way or another because his presence at the ICC as a prisoner awaiting charges (with nothing more to lose) might bring down the Jubilee government, see Ruto locked at The Hague and leave Uhuru Kenyatta jostling with an ICC arrest warrant.
So far, all attempts by the government to stop the ICC cases through diplomacy and propaganda have failed. When the cases began, there was trepidation that the cases might collapse due to witness withdrawal but this fear is waning quickly with the continued trial of Ruto and with witnesses testifying in detail on how Ruto masterminded the Kiambaa church massacre where women and children were roasted alive. With an arrest warrant having been issued for Baraza, the strategy of witness intimidation and bribery appears to have totally collapsed. This is because the Baraza warrant has sent cold chills down the spines of Baraza-like functionaries who are just beginning to understand that ICC has the capacity to identify them and issue warrants for them to face justice. If Baraza were to be locked at the ICC, the whole network he has been collaborating with will be shitting on their pants. Witness bribery and intimidation was the government’s magic wand to stop the ICC cases and if it fails, the fragile regime will enter into a period of internal disintegration, crisis and chaos. In fact, Uhuru Kenyatta may have to begin contemplating his capture to be air-lifted to The Hague to face justice at the ICC, depending on how the situation develops.
ICC, Westgate and conspiracy theories
Kenyan Conspiracy theorists beleive that the Uhuruto government organized the Westgate attack then bombed it to destroy evidence.
According to conspiracy theorists, the government was involved in the Westgate “terrorist attack” to prove to the ICC that critical situations requiring urgent and strident action by the President could occur in Kenya and that under the circumstances, the ICC cases are a detraction that may hamper crisis management when the Head of State is away. To prove this point, Ruto had to ask for a useless one week recess “to address the crisis”. Today, the obvious reality is that Ruto did nothing to manage the crisis apart from holding a Press Conference at JKIA.
The series of lies by the government and the plethora of unanswered questions about the attack (including credible claims that the government knew about the attack) have fuelled the theory that the handling of the attack was nothing but a cover up that was designed to see the so called terrorists escape to safety. The subsequent bombing of Westgate by the army and the shameful lack of explanations to critical developments linked to the attack are increasingly being interpreted by conspiracy theorists as evidence that the so called rescue operation was, in reality, a cover up operation that included destruction of evidence of government involvement in the attack. Today, no one knows the whereabouts of the terrorists and the hostages while Westgate Mall, the alleged scene of crime, was cleaned of all valuables by looting soldiers who have never been traced, apprehended or charged in court.
According to the above theory, the government also wanted to use the Westgate attacks to “punish the West” because of their lack of political support of the Jubilee government and Western support of the ICC even though Uhuru and Ruto had come to power. This punishment, according to this theory, was by way of ensuring that as many Westerners as possible were killed at Westgate with the Kenyan deaths being treated as “collateral damage”. It is instructive to note that much of the names of the dead that were recognized by the government and published in the local media were Western or foreign. While blaming “terrorists” for the deaths, the government strategy was allegedly to send a clear message that both Uhuru and Ruto needed to be in place because Western interests in Kenya could be threatened by terrorists at any time. If in deed, the government masterminded the Westgate attack as a way of addressing the ICC cases, it failed because the cases are on track and more heat is being turned by the ICC on Ruto and Uhuru like never before.
Fugitives: How Uhuru and Ruto might be captured
The Navy Seals: Might be sent by President Obama to capture Uhuruto when they become fugitives of ICC.
For now, while Ruto may be a very worried man, Uhuru Kenyatta must be spending sleepless nights because whichever way the ICC case is dissected, both Uhuru and Ruto will either have to be captured or they will be converted into fugitives. This situation will open the way for imperialism to begin employing its huge machinery to capture them, dead or alive Osama Bin Laden style. Somehow, Uhuruto are deluded that they will escape capture using the Bashir tactics. What they are yet to realize is that Kenya is not Sudan.
The job of capturing the two might be easy because unlike Sudan where Western powers are not represented at the grass roots, Kenya is basically a playing ground of the West. If four terrorists could hold a whole platoon of military soldiers (with tanks, helicopters and RPGs) at bay for four days, a well-organized Seal Operation (aka “Operation Safari”) backed by drones and Apache helicopters could easily subdue Uhuru and Ruto’s security before the two suspected criminals are carted away to be tried at The Hague. Assuming that some rag-tag Al-Shabab terrorists sneaked into Kenya and staged the Westgate attack, imagine what a more organized force at the super-power level could do if the agenda is to capture the President and his Deputy! The CIA, the FBI, Mossad and foreign Mafia groups operate in Kenya freely so they know the terrain quite well. Although this might sound like a movie script, the truth is that Kenya has no security after the country entered into the league of failed States.
Once the President and his Deputy become fugitives, what the Americans will need is just a Resolution from the UN Security Council to the effect that both Uhuru Kenyatta and William Ruto surrender to the ICC or face the consequences “with all options being left open” to capture them. Both Ruto and Uhuru (plus the country’s intelligence) does not understand how imperialism works. For now, they are safe because they are not fugitives. I might be wrong but one day, Kenyans might wake up to find that they have no President or Vice President, just like one day, the world woke up to learn that Osama Bin Laden was no more. Let us wait and see.
Okoth Osewe
Kenya Stockholm Blog 
The writer is totally confused, irresponsible and living in raila mania world! First of all, the elections were free and fair. Think twice bw. Okoth
I admire your mastery of English language. the downside is as a Luo and a believer in Omieri and a sympathiser of Raila, you still believe that the elections were rigged. Your arguments lack merit and substance, you are paranoid.
ICC adds gun killings to Uhuru charges
20th, September 2013By Standard Media
The prosecution at the International Criminal Court ( ICC) has now amended charges against President Uhuru Kenyatta to include killings through gunshots in Naivasha.
In a new updated Document Containing Charges (DCC) released by the prosecution to the Trial Chamber V judges, Uhuru’s charges now indicate that gunshots were also used in killings in Naivasha.
“The Mungiki and pro-Party of National Unity (PNU) youth were deployed to various parts of Nakuru, including Kaptembwa, Kwa Rhoda, Mwariki, Free Area and Kiti, where they attacked the targeted civilians using various weapons, including guns, broken bottles, machetes, knives and petrol bombs,” the new DCC indicates.
“Some victims were beheaded, and in some instances, the Mungiki and pro-PNU youth shot their victims and then mutilated their bodies to conceal the gunshot wounds,” the Document adds.
The updated document also indicates that Uhuru was individually responsible for the crimes committed during the 2008 post-poll violence, following the withdrawal of charges against former Civil Service chief Francis Muthaura.
The Pre-Trial Chamber in March allowed the prosecution to amend Kenyatta’s charges to include the gunshot charge, arguing that from some four witness statements, it was clear guns such as G3 rifles and AK-47 were used in the killings in Naivasha.
Deputy president William Samoei Ruto is well and truly cooked at the Hague, every legal expert I have talked to now says.
The time for showbiz moves of wanting to address the court at the least excuse and playing to the gallery have ended abruptly. The time for criticizing the prosecution for shoddy investigations and accusing them of coaching witnesses is also well and truly over.
What has replaced all the side shows is a simple text book prosecution strategy from whose net Ruto cannot possibly escape. There is plenty of evidence of the terrible atrocities committed by Kalenjin militia during the post election troubles of 2008 (details in my book Let the Blood Flow). All the prosecution is now doing is linking Ruto to it all. And although it is still very early in the trial the writing is clearly on the wall for all to see.
One does not need to have a memory close to that of an elephant to remember that in the run up to the fateful elections retired president Moi was busy campaigning for Kibaki and many analysts including this blogger were of the opinion that the Kalenjin vote would be split right down the middle. We were very wrong and Ruto literally swept the a vast majority of the community’s votes in favour of ODM which raises the question; how did Ruto get so influential so suddenly?
The answer to that question is rapidly unraveling at the Hague before our very eyes. Ruto cashed in on the ultra-sensitive land issue.
A little background here is in order. In the 1960s founding president Jomo Kenyatta and his all powerful Kiambu mafia settled thousands of Kikuyu families in the Rift Valley in exchange for prime but tiny land in the Central province. Few would say no to exchanging their small parcels of land for double digit acres in the then fertile and virgin Rift valley. The kingpins then consolidated these small parcels of land in Central province and made a killing.
Fascinatingly this was one of the reasons why Daniel arap Moi ended up being appointed Vice President in 1965. Moi went on to greatly assist Kenyatta in this massive re-settlement programme in the Rift Valley. But trouble was brewing through the years. Traditionally the Kalenjin community are friendly and very generous but do not take kindly to “foreigners” invading their ancestral land. The mighty British empire learnt that lesson the hard way when during the building of the Uganda Railway they encountered stiff resistance for 11 long years with massive casualties from the Nandi (part of the Kalenjin community). Military training has remained part and parcel of the circumcision customs of the community and using only bow and arrows (against guns and canons) and devastating attacks, they forced the British to play dirty and murder their military genius of a leader Koitalel arap Samoei. He was called to a peace meeting that never was and then shot from behind in cold blood. More details in Let the Blood Flow).
Fast forward to 2007 and pressure on the land and what was seen as arrogant behavior by the Kikuyu settlers had brought tensions to boiling point. Ruto seized on this to snatch political influence and sway from Moi and even used a militia system set up by Moi for his protection when he left the presidency to cause unprecedented blood letting in Rift Valley that shocked Kenyans and the world.
It will be extremely easy for the prosecution to prove Ruto’s link to the blood letting. Amongst their witnesses are people who witnessed meetings that planned the slaughter of Kikuyus in the Rift Valley with Ruto giving directions.
Legal experts say that if Ruto survives and is found NOT guilty, it will be a first unsuccessful prosecution since the Hague-based court was established and yet the water-tight case the ICC prosecutors clearly has against Ruto is unlikely to allow the former Eldoret North legislator that distinction.
A curious report published here a few weeks ago is now beginning to make sense. Remember the report about Kalenjin bigwigs choosing a successor for Ruto to be the next deputy president? Their choice was Baringo governor Gideon Moi.
Jubilee as a criminal (mafia) political Party and Uhuru Kenyatta supporter must(must) stop attacking KSB for airing conspiracy theoris. We know you hypocrates (Elite Children)Enemies of Kenyan oppressed masses, Its only in Kenya where accused individuals were allowed to stand and be elected before being cleared by a commission or bt yhe Intelligent people the corrupt NIS! Remember how Gema Ruling class under Mwai Kibakiremoved the late Hon: Mutula Kilonzo from the minister of Internal security(Home security) and was transfered to the Education ministry.And replacing him with a kikuyu Lackey (Wamalwa the most stupid boy in this era,
Again Saitoti who was opposing Uhuru Kenyatta (Kikuyu Chosen King) the fear of saitoti who never compromised with Gema mafia hence he wanted to stand as president jhence long experience in the govt was Killed and his family silenced to this day kenyans suspect GEMA/Uhuru conspiracy to this day >There was no way Uhuru&Ruto would beat Saitoti/Raila In one camp!After removing Mutula Kilonzo from Homeboy Ministry He ended being poisoned by These Killers Gema- Mafias to this day Kenyans are still waiting the results of how Mutula Kilonzo died misteriously. The Westgate attack shows clearly the hands of Uhuru/Ruto government everywhere, How few Somali boys btw 22yrs could engage Kenya Security forces 4 days ?How much weapons did these terrorist had in their asernalThe whole world saw how Recce Pra-military & KDF (Makaa )charcoal-smugglers in Kisimayo came armed in battallions of APCs yet it took them 4 days to take control of Westgate mall? The Kenya (tamed mass-media roll (silence ) failed to dispatch information but kenyans relied on western medias to inform them&the world at large hence useless Uhuru&ruto muzzled Media! whichever way you look at it Uhuru&Ruto goverment hand is everywhere,.Remember the threats made by Uhuru himself his ministers like George Nyanja/Beth Mugo uhurus nephew/Sonko/Murugi /etc Hoe whites will be chased back to Europe if The King Uhururu will be taken to hague: and how Uhuru (Quoted) He better go to hague and be jailed having done a Huge(Big) deed!” Action etc: Until the whole Investigation comes out from the FBI/MASSAD/Mi5/6 and other trusted foreign experts no body should trust Evidence and the findings from Kenya officials done by Nis Uhurucorrupt boys!The western democracy sould not appease a group of anti-western bastards whose place is in Guantanamo or deep in the Indian Ocean for committing one of the most heinous crime on earth!
Your facts r all biased by your triabal hate baraza is being cannibalized by the people he was working for the icc.baraza’s case n Ruto hve nothing to with each other directly n the pple who should b vry afraid if Ruto or Uhuru is arrested are the pple from the lake post election violence will b like a Christmas party.n pls note today at the icc the prosecution is struggling wit getting witnesses.
The article is too biased to be of much use
it is authored by the other side of ICC divide in Kenya
The writer seems to have too much hate for the President and his deputy. He is not one of the ICC judges though, and most importantly not God. Who cares?
But you Sub-Humans ,stupid programmed Sub-humans of Kenya Have forgotten how innocent Kenyans were Killed by these two murderers of impunity yet you still support them becouse they belong to your dominant tribes ? There is another Uhuru Lackey and a lapdog Saying A sitting president cannot be taken to Hague !Which is Nonsense becouse a Criminal Nigger President is not equal to a wester civilized President >That means Uhuru Kenyatta case doesn’t apply hence the people of the World Civilized Community will never close their arms and watch when a mad man (dictator) kill his people with impåunity >For your information USA supports the ICC and the same USA had arrested the sitting President of Nicaragua General Manuel Noriega and took him away to face justice! Who is this Arrogant Uhuru Kenyatta who never Won election in Kenya but was rigged by Mafia cartels who controls the most corrupt Military forces in Africa namely KDF/NIS etc. Uhuru Kenyatta should not resist justice through bribing AU failed traitors from this failed Continent that has been blaming (White People (Colonialists) for their Corrupion and failures ! Show me One Single Nigger-Land Practicing Democracy?
Al these black Monkeys has been worshipping the former Mad-man Muammar Ghadafi of Libya the late Col. Khadaffi until his end! The world Community And Mostly western Powers should not appease Uhuru Kenyatta and William Ruto hence they were both warned before and both ignored the advice with impunity >Let them drink from the bitter Cup >Choises has consequences!There are Many Acceptable leaders who can replace both Uhuru Kenyatta and William Ruto _ Are these murderers indispensable No they are not! Just Take them away and Kenyas will have a sigh of relief ,breath fresh air hence Uhuru&ruto are making kenya smell-shit-pit-Latrin!
“The Kenya International Criminal Law Act 2010 does not supersede the Rome Treaty and the Kenya court has no jurisdiction to determine the legality of an arrest warrant issued by the ICC. On the other hand, if the Kenya court purports to have jurisdiction and thereafter rules that the arrest warrant is not valid, that act may constitute non-cooperation by the Kenya State. The ICTY, ICTR and Special Court for Sierra Leone (SCSL) have, in their jurisdictions issued arrest warrants for individuals interfering with witnesses and for contempt of the courts. All national jurisdictions in former Yugoslavia, Rwanda and Sierra Leone did not question the authority or jurisdiction of the courts to issue arrest warrants. In the long run, if the Kenya AG continues to be an obstacle to Kenya’s cooperation with the ICC, the Prosecutor may be forced to issue arrest warrants for the three accused and to hold them at The Hague, like other accused persons, until the trial is concluded.”
Dr. Obote Odora (Consultant, International Criminal Law & Policy)
This Woman is a Somali she Has become Uhuru Kenyatta’s attack dog The other one who is also Anti-western countries especially the USA&UK is Duale a somali of questionable character should be lectured in Political affairs>The Former Libyan Strongman Col Muammer Ghadáffi was removed from the office by the world community!
The Former President (criminal) drug baron General Manuel Noriega was removed from the office and taken away(caged like a tiger) The late Bishop President of Grenada was overthrown by the Forces From USA and killed Why is Amina lying to the People of Kenya >Kenya will Continue to Move forward if both Uhuru Kenyatta and Ruto are taken away inclunding you and coy(the whole Jubilee thugs) Watch here an Idiot poisoned Uhuru Kenyatta Lackey & lapdog deceiving the World >
It’s kyuks and kaleos sweating and being manipulated as usual by their warlords.
Maintain calm during International Criminal Court trial, appeals Maria Kamara
Updated Thursday, September 5th 2013 at 23:16 GMT +3
By Michael Wesonga
Eldoret, Kenya: The International Criminal Court (ICC) Outreach Co-ordinator in the country, Maria Mabinty Kamara, has cautioned Kenyans from making hasty conclusions concerning the two Kenyan cases at The Hague.
Kamara instead urged citizens to follow the process calmly and with an open mind by shunning preconceived perceptions of the trial outcome.
“Kenyans should keep an open mind while following the process because there is a lot that happens in the courtroom that we do not see and besides that we do not know what else the prosecution will use as evidence,” she advised.
She was speaking in Eldoret yesterday during a meeting with North Rift residents to appraise them on what to expect of the trial facing Ruto and Sang, who hail from the region, that begins on September 10.
Weight of trial
She observed that it was risky to determine the weight of the trial facing President Uhuru Kenyatta, his Deputy William Ruto and radio personality Joshua Sang because part of the proceedings are omitted from public view.
Kamara said only Trial Chamber judges had a clear picture of the entire case given the many documents that have been exchanged in privacy and declined to comment on witness withdrawals.
“There is so much judicial process that happens behind the scenes while some documents also come into the public redacted with unjoined pieces as a safety and security strategy.”
“The views expressed in the article (below) are consistent with Mr Osewe’s presentation. The Kenya AG, as the government’s top legal adviser, has no option but to concede and arrange for the transfer of Barasa to The Hague.”
Dr. Obote Odora
Lawyers Say Kenya Must Comply With ICC Arrest Warrant
Government is under obligation to arrest suspect wanted for bribing witnesses, they say.
By Felix Olick, Simon Jennings – International Justice – ICC
ACR Issue 364,
6 Oct 13
Experts in international law insist Kenya has no choice but to surrender a journalist wanted by the International Criminal Court (ICC), despite hints from officials that the national judiciary will make the final decision on whether he should be sent to The Hague.
On October 2, an ICC judge unsealed an arrest warrant against Walter Barasa, who is accused of bribing and attempting to corruptly influence witnesses in the case against Kenyan deputy president William Ruto.
Following repeated allegations by ICC prosecutors that the Kenyan government is not cooperating with its investigations in the country, the Office of the Prosecutor (OTP) called on officials there to deliver Barasa to The Hague.
“Sending this warrant to Kenya now is an opportunity for the Kenyan government to demonstrate the cooperation that they say they have been giving to the ICC,” the Prosecutor Fatou Bensouda said on October 2. “This is an opportune moment to arrest Barasa and surrender him to the court.”
Ruto, who is charged together with former journalist, Joshua Arap Sang, is currently on trial at the ICC for orchestrating attacks in Kenya’s Rift Valley region in the aftermath of a disputed presidential election in December 2007.
Both men face charges of murder, persecution and population displacement. The wave of violence from December 2007 to early 2008 left 1,100 people dead and forced 650,000 others from their homes.
The warrant against Barasa was issued confidentially on August 2. Prior to making the warrant public, the ICC tried unsuccessfully to have Barasa arrested in an unspecified third country.
Shortly after being informed of the ICC warrant on October 2, Attorney General Githu Muigai issued a statement that the Kenyan judiciary would rule on whether Barasa could and should be arrested.
“These procedures require the minister in charge of the interior, upon receipt of the formal warrant of arrest, to present the said warrant to the judiciary for enforcement,” Muigai said in a statement. “During the judicial consideration of the legality of the warrant, the subject is entitled to make representations to the court. The final determination on the enforceability of the warrant is therefore a judicial one.”
Legal experts responded by pointing out that the Kenyan state is legally obliged to arrest Barasa and hand him over to the ICC.
Alex Whiting, a professor of international law at Harvard University in the United States, said the Kenyan judiciary had a “very limited role” to play.
“Their main function is to ensure that the person who is arrested is in fact the person sought in the arrest warrant,” Whiting told IWPR. “They are also permitted to consider the issue of detention, but other than that, there is no other issue to consider.
“If the attorney general is suggesting that it goes beyond that, and the suspect has a right to be heard on other matters with respect to the charges or evidence or his responsibility, that is just not right.”
Whiting said that under Kenya’s legal obligations as a member of the ICC, its judiciary has no say on the legality or merits of this arrest warrant.
“They are simply obliged to surrender the person to the ICC,” he said. “The judiciary has no discretion or judgement about whether the charges should be brought, about the evidence in the case, or anything like that.”
Prosecutors accuse Barasa of bribing or attempting to bribe three protected witnesses referred to as P-0336, P-0536 and P-0256.
They say they have evidence that he offered to pay one of the three between one million and 1.5 million Kenyan shillings (11,600-17,000 US dollars), not to testify on behalf of the prosecution.
Prosecutors say he offered another witness and her husband a total of 1.4 million shillings (16,300 dollars) to withdraw her evidence.
Since the warrant was made public, Barasa’s lawyer, Nicholas Kaufman, has travelled to Kenya to meet his client, who denies the charges against him.
The lawyer said that Muigai was following the proper procedures.
“What the attorney general has said is absolutely correct,” Kaufman told IWPR. “We will first of all apprise ourselves of how the Kenyan authorities intend to act with respect to the demand made of them by the International Criminal Court. I should add that no submissions have yet been made in court on behalf of Mr Barasa.
“We still await the Kenyan authorities’ decision with respect to how they propose to deal with the demand from The Hague,” he added.
According to the ICC’s founding treaty, the Rome Statute, the conditions for cooperating with the ICC when it charges a national with offences against the administration of justice are “governed by the domestic laws of the requested state”.
The relevant procedures are outlined in Kenya’s own International Crimes Act.
According to Misa Zgonec-Rozej, an associate fellow in international law at Chatham House in London, the act also provides a limited role for Kenya’s judiciary.
“This procedure does not seem to authorise a domestic judge to consider the merits of the ICC arrest,” Zgonec-Rozej told IWPR.
According to the International Crimes Act, a request from the ICC to arrest a suspect can only be refused if there are “exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested”.
But Zgonec-Rozej was doubtful that any such issue could be raised concerning the warrant against Barasa. “It does not seem that such exceptional circumstances exist in Barasa’s case,” she said.
This is the first time that the ICC has issued an arrest warrant against someone for interfering with the administration of justice.
The court itself is insisting that Kenya must comply with the arrest warrant, although staff there would not discuss Muigai’s comments or the domestic procedures for handing the suspect over to The Hague.
“Kenya, as a state party to the Rome Statute, has the obligation to cooperate with the ICC including for the implementation of the arrest warrant and his surrender to the ICC,” the court’s spokesman, Fadi El Abdalla, told IWPR.
Felix Olick is a reporter for ReportingKenya.net and The Standard newspaper in Nairobi. Simon Jennings is IWPR’s Africa Editor.
This article was produced as part of a media development programme by IWPR and Wayamo Communication Foundation in partnership with The Standard.
http://iwpr.net/report-news/lawyers-say-kenya-must-comply-icc-arrest-warrant
Wednesday, October 9, 2013
Walter Barasa suffers first blow in his bid to stop arrest
By PAUL OGEMBA
More by this Author
Journalist Walter Barasa on Wednesday failed in his first attempt to stop his arrest and hand-over to the ICC to face charges of interfering with witnesses.
He, however, got a temporary reprieve after Mr Justice George Odunga directed Inspector-General David Kimaiyo to accord him security until Thursday, when his petition challenging the ICC warrant of arrest will be heard.
Justice Odunga ruled that although Mr Barasa’s application raised serious issues, it touched on a request that had already been made to the High Court, and which needed to be properly argued before a decision is made.
“The request for arrest has already been made to the principal judge of this court and the issue of determination at the preliminary stage will be whether a judge can stop proceedings which are before another judge of concurrent jurisdiction,” he said.
Justice Odunga also certified the application as urgent, and directed Mr Barasa’s lawyer Kibe Mungai to serve the Interior Cabinet Secretary, the Attorney-General, the Director of Public Prosecutions and Me Kimaiyo with the application for inter-parties hearing on Thursday.
CONSTITUTIONAL PROVISIONS
In his application seeking to stop execution of the ICC arrest warrant, Mr Mungai argued that Interior Cabinet Secretary Joseph ole Lenku and Attorney-General Githu Muigai had begun the process of arresting Mr Barasa without following provisions of the Constitution.
He complained that the two had made a request to the presiding judge of the High Court without informing Mr Barasa the contents of the warrant or the charges facing him.
“The move violated his rights to a fair hearing by failing to give him a chance to meaningfully participate in the proceedings,” he said.
He submitted that it was unlawful for Mr Lenku and Prof Muigai to present the request to the court without involving the Director of Public Prosecutions, who has the power to deal with criminal prosecutions.
He said Mr Barasa’s case entailed exceptional circumstances, which would make it unjust to surrender him to the ICC.
“Mr Barasa is being persecuted… on account of his refusal to become a witness in crimes against humanity cases facing Deputy President William Ruto at the Hague. He cannot therefore receive a fair hearing at the ICC given his fall-out with the ICC prosecution office,” he said.
Nigger African Rulers(very primitive barbarians and savages) Of the dark Continent where millions of poor African women lives at the mercy of Male dominacy like forced FGM (female genital mutilation mass forced rapings /forceful children recruitment in guerrilla wars and military must read this> and fell ashamed hence many of African dictators thinks with their tummies and Battocks(Anus thinking dictators)>
ICC is not targeting Africa
2) Leaders are protecting themselves at the expense of victims.
3) It’s a badge of shame for African leaders .
4) Neglecting to bring perpetrators of justice we fail victims.
5) The parallel pursuit o peace and justice should not present challenges they can be managed.
6) Avoid winner takes it all type of leadership and politics.
7) Individual interest of leaders should not be confused with the interest of a nation.
Kenya president unlikely to attend ICC trial
Posted: Oct 09, 2013 12:12 PM Updated: Oct 09, 2013 9:13 PM
By JASON STRAZIUSO and TOM ODULA
Associated Press
NAIROBI, Kenya (AP) – In the aftermath of the attack on a Nairobi shopping mall, Kenya’s president appears increasingly unlikely to attend his trial at the International Criminal Court where he is charged with crimes against humanity.
Even as heads of state prepare to gather for an African Union summit Saturday, where they could debate the possible exit of some African countries from the International Criminal Court, Kenyan officials are warning that President Uhuru Kenyatta might not show up in The Hague next month for his trial.
“He has cooperated fully with the court up until now,” Foreign Minister Amina Mohamed told a news conference Wednesday held in front of the president’s downtown Nairobi office. She was referring to past ICC hearings before Kenya’s presidential election in March.
Mohamed underscored the contrast between then – when Kenyatta was the country’s deputy prime-minister and a presidential candidate – and now, when he is president of East Africa’s most powerful country, which faces a rising threat posed by Islamic insurgents.
“Are the circumstances different? Absolutely. Totally. Completely different. Before he wasn’t the head of state of the republic. … It’s going to be the first time that a sitting head is brought before any court of any time, not just here but anywhere in the world,” Mohamed said.
The ICC charges against Kenyatta and Deputy President William Ruto relate to Kenya’s 2007-08 postelection violence that killed more than 1,000 people. Kenyatta has asked the court if he can attend the trial by video link. Judges have not yet ruled and have rejected that request from Ruto.
Herman von Hebel, an ICC executive, told reporters in The Hague on Wednesday that Kenyan authorities have so far fully cooperated with the case and he has not yet seen “any concrete element” to indicate that will change.
Privately, several members of Kenya’s government have told The Associated Press they do not believe Kenyatta will report to The Hague. One official said tribal elders are urging Ruto not to return after finishing his current court session. All officials insisted on anonymity to speak freely about internal government deliberations.
Before this year’s election, the top U.S. official for Africa obliquely warned Kenyans that it wouldn’t be a good idea to elect Kenyatta as their president because of the ICC charges, saying “choices have consequences.”
But the Sept. 21 mall attack has increased Kenya’s – and Kenyatta’s – value to the West in the war against terror. The Somali Islamic group al-Shabab claimed responsibility for the assault and said it was in retaliation for Kenya’s sending of troops into neighboring Somalia.
If Kenyatta decides not to attend the ICC trial, Kenya could become politically isolated and be sanctioned. But after the mall attack that killed more than 60 people, international repercussions may be lighter.
Officials at the U.S. Embassy refused to comment on the developments and the possibility that Kenyatta may snub the court.
“The already strong but now reinforced counterterrorism relationship between Kenyatta’s administration and the U.S. and U.K. will likely diminish the impact of ongoing ICC cases against Kenyatta and his deputy,” said Clare Allenson of the political consulting firm Eurasia Group.
She pointed out that the West’s heightened security engagements with Kenya “will require more direct interaction and support of the Kenyatta administration at a senior level, including with the president himself.”
Seth Jones, a terrorism analyst at the Washington D.C.-based Rand Corporation, said: “Kenya’s importance as a counterterrorism partner should increase after the Westgate attacks.”
At the African Union summit in Ethiopia’s capital, African leaders could recommend a deferral of Kenyatta’s case, or even seek to rebuke the court or sever the continent’s relationship with it. Kenya’s parliament in a non-binding vote last month voted to pull out of the Rome Statue, the legal mechanism that created the ICC.
The ICC faces a perception that it singles out Africans for prosecution, even though many of the cases before the ICC were self-referred, said David M. Crane, a professor at Syracuse University College of Law.
“Politically I cannot see a head of state voluntarily being present in The Hague to stand trial,” Crane said. “Legally I see no advantage for him to submit himself to the court. The bright red thread of modern international criminal law is politics. Politically this is a lose-lose situation, for both the ICC and the Kenyans.”
The United States, which is not a party to the Rome Statute, says it supports the goals of the ICC and believes in promoting justice and ending impunity.
More than 1,000 people were killed in Kenya’s postelection violence six years ago. Kenyan courts have prosecuted less than a half dozen people.
___
Associated Press reporter Mike Corder in The Hague, Netherlands, contributed to this report.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://www.abcfoxmontana.com/story/23643813/kenya-president-unlikely-to-attend-intl-court
Pliz guys talk about ICC but the real culprits are lavishing in Kenya leadig a very luxurious life.Kibaki and Raila.
lets not go around it the two are scapegoats used and abandoned like garbage.Uhuru and Ruto were used and take the fall for something they never did.Thats the fact
Uhuru Trip to China and loaning billions of Chinese Money is being Questioned>Kenyans should refuse (honour)the loan ,but should let Uhuru personally to payback from his Pocket>(Kenyans do not know where the money went)
http://www.nation.co.ke/news/politics/MPs-National-Assembly-Uhuru-Kenyatta-China/-/1064/2025988/-/b0ij7pz/-/index.html
WILL UHURU ENTER ICC DOCK? Saturday, September 21, 2013 – 00:00 —
BY JOE ADAMA
As President’s trial date looms, handlers and political constituents assess impacts on power and prestige and see unacceptable risks.
Some of President Uhuru Kenyatta’s closest friends and associates speak admiringly of how he is holding up under the pressure of the ICC prosecutions. They also remark his willingness, almost eagerness, to clear his name by cooperating fully with the process now underway.
But there are those, also close to Uhuru, for whom the danger of things taking a turn for the worse in the dock and the judges wishing to establish a certain reputation for the Court, pointedly using the Kenya cases as both pretext and precedent, that will reverberate down the coming decades and even centuries.
A conviction at the ICC at any level has insurmountable problems in the cases ranged against the President. A custodial sentence even of merely a year is an instant career ender.
Even a suspended sentence is reputational terminally bad news, with every global news outlet and academic study prefacing references to him as “ICC convictee-this-and-that”, in perpetuity.
Non-custodial sentences that nevertheless order reparations to victims offer their own hell on earth, combining the permanent reputational shadow of conviction with an unprecedented raid on personal treasure. And long before the judgment is read out in court, there will have been the political drama and trauma of a President on trial.
The presidency is special
The presidency is Kenya’s apex office. The honorific of ‘excellency’ applied to the holder of the office is for life. In both his person and office the President at all times embodies the best of Kenya, the best that Kenya has to offer.
The presidency is a place of power and poetry, of larger-than-life gestures, pronouncements, decisions and dramas. The Presidency is the most superlative symbol of nationhood and the culmination of the power of the Constitution, a power invested in “We, the people”. It is the office of the Supreme Commander and the latter-day equivalent of the sovereign.
The occupant of the presidency is a very special person indeed. The coming spectacle, if it indeed happens, whereby Kenya’s fourth President and Commander-in-Chief is required to submit himself to a jurisdiction outside Kenya, while still in office, and to play the role of an indictee with cases to answer in categories of some of the worst crimes imaginable, is a stupendous gamble.
If he persists with submitting himself to the ICC, President Uhuru will be enmeshed in a process that will end with a judgment handed down by judges over whom neither he nor Kenya has any sway. The President’s predicament is being increasingly viewed as an abomination by millions of Kenyans.
Millions of others in the woefully divided nation called Kenya are quietly relishing the coming spectacle and what they hope will turn out to be the President’s unmitigated humiliation and downfall.
These are the leaders and supporters of the Coalition for Reforms and Democracy, whose high command insists on a narrative of a second stolen presidential election and implacable opposition to a second half-century of a Kikuyu-Kalenjin lock on State House.
If President Uhuru continues on the path of total cooperation with the ICC in the matter of the cases against him, Kenya’s imperial Presidency will never be the same again. Not even if he is acquitted on all counts.
Taking all the authority, power and majesty of the Presidency to the ICC and throwing himself personally at the mercy of the judges of a court whose entire jurisdiction, mindset and procedure are non-governmental, will seriously downgrade and degrade the preeminence of Kenya’s imperial Presidency.
The presidency’s loss of prestige will quickly translate into a very special kind of power vacuum – at the presidential level public perceptions of the nature and quality of ultimate power (previously absolute power, until the promulgation of the Constitution of Kenya 2010) are everything. And this is true both at home and abroad.
This loss of authority and prestige could percolate into other sectors of the Kenyan body politic, including the private sector, with dangerous outcomes.
The President is a special person
And few people in this country are as self-consciously aware of these facts as Uhuru Muigai Kenyatta, 52, son of Kenya’s first President, the late Mzee Jomo Kenyatta, a power proponent, practitioner and pioneer in a class of his own.
Jomo Kenyatta is such a towering figure in Kenya that, even in death, he is still guarded by armed troops in full ceremonial uniform around the clock, 35 years after he passed on.
The perception is quietly taking root in the President’s political heartland that the son of Jomo Kenyatta, now in his own political apotheosis as President and Commander-in-Chief in Kenya, has no business submitting himself to the jurisdiction of a court that is unfit to try the humblest American citizen, including soldiers active in theatres of hot wars.
According to the American Non-Governmental Organizations’ Coalition for the International Criminal Court (AMICC), a programme of Columbia University’s Institute for the Study of Human Rights, “The Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 prohibits funds from the Foreign Relations Authorization Act ‘or any other act’ from being used by or for the support of the ICC, or to extradite a United States citizen to a foreign country obligated to cooperate with the ICC unless the US receives guarantees that that person won’t be sent to the ICC.
It also states that the US ‘shall not become a party to the International Criminal Court except pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States”.
The AMICC also cites the American Service members’ Protection Act of 2002 (ASPA), which “was signed into law on January 28, 2008. The current version of ASPA includes the following provisions, subject to full waivers at the discretion of the president: “Prohibition on cooperation with the International Criminal Court; Restrictions on US participation in UN peacekeeping operations; Prohibition on direct or indirect transfer of classified national security information, including law enforcement information, to the International Criminal Court, even if no American is accused of a crime.
“Preauthorized authority to free members of the armed forces of the US and certain other persons detained or imprisoned by or on behalf of the International Criminal Court (the so-called ‘Hague Invasion’ clause)”.
Indeed, in this country, it is being ferociously argued in some quarters that the ICC only became fit to try Kenyans by default, under politicians and bureaucrats who either did not read the small print (surely the devil’s dwelling place when he is not resident in hell) or did not grasp the big picture.
Even as these passionate objections to The Hague are discussed wherever two or three Kenyans are gathered in the Mt Kenya and Rift Valley regions, and not only there, Deputy President William Ruto’s trial has begun at The Hague and is in its second week.
What’s more both Parliament and the Senate, deploying the Jubilee Coalition’s superior numbers, have voted to remove Kenya from the Rome Statute, which established the ICC.
The AU factor
The African Union has entered the fray, launching both diplomatic and legalistic challenges, including at the UN headquarters in New York and at The Hague.
The AU onslaught on the ICC is led by veteran statesmen Yoweri Museveni of Uganda and Paul Kagame of Rwanda, both of whom, it is widely and reliably believed, have counselled President Uhuru against submitting himself to a full trial.
Nigerian President Goodluck Jonathan and Chinese President Xi Jinping have separately called for the unconditional termination of the cases against Uhuru and Ruto (who is charged alongside radio broadcaster Joshua arap Sang).
Jonathan made his remarks during a state visit to Kenya in which he led a large delegation of investors. Jingpin spoke when Uhuru made a triumphant state visit to China during which he signed US$5 billion worth of infrastructure and investment partnerships. The Chinese Embassy in Nairobi followed up Jingpin’s remarks with an official statement that read in part:
“The Chinese government understands the concerns of the Kenyan government over the ICC cases and supports efforts by the Kenyan government to put these cases to an end. We hope the ICC can fully respect Kenya’s judicial sovereignty”.
The closer the start of Uhuru’s trial gets, the greater will become the international, indeed intercontinental, din against it. In the process, the ICC will become increasingly painted into a corner as being fundamentally flawed and stacked against African leaders.
It is not for nothing that Museveni and Kagame are railing against the court, leading as they do post-conflict nations that saw massive crimes against humanity, including the last genocide of the 20th Century, the Rwanda horror of 1994.
It took even greater violence to quell the Uganda and Rwanda crises of the 1980s and 1990s, since when both guerrilla leaders have remained firmly ensconced in office amidst, among other factors, conflict spillovers into the DRC.
As long as the world’s lone superpower and other powerful and influential nations heartily recommend a world court to others which they would not allow anywhere near their own leaders or soldiery, the ICC will smack intolerably of being built on the quick sand of a latter-day separate development mentality. Why should President Uhuru participate in a process that is clearly redolent of apartheid in its architecture?
Does he have more blood on his hands than, say, Henry Alfred Kissinger; George Herbert and George Walker Bush; and one Anthony Charles Lynton Blair, a.k.a. Tony Blair? Indeed, is it a given that Uhuru has any blood on his hands?
The rationale of comparing Kenya with other countries notably the US is neither here nor there.
Many other leaders are and have committed atrocities and have not been brought to book.
The bottom line is; WE TOOK OURSELVES TO THE ICC, BY FAILING TO FORM A LOCAL TRIBUNAL DESPITE SEVERAL WARNINGS.
If Uhuruto and co feel the ICC is unfair, they should admit their mistake of failing to form a local tribunal and how they assumed (wrongly) that the ICC would start in 2090 and beyond. They can then go ahead and abscond instead of blaming all and sundry for their predicament.
That way we can “move on” and face whatever consequences that await us.
Uhuru is the president of Kenya and he is free to refuse to show up at the ICC dock if he wants. All those arguments about US did it so we can do it are on the surface logical but moot from the standpoint of global power structure. US has thousands of hydrogen bombs, B52 bombers, nuclear submarines, aircraft carriers and assortment of armaments to back its will whether it is right or wrong. Uhuru (or any of his supporters) can use those arguments about US not being an ICC member but they are just words without anything to back them up. He has the power to refuse to go Hague. And by the way Uhuru was not the president Kenya when he was charged and even if he was even the constitution of Kenya does not absolve him from criminal prosecution.
Osewe,am Uhuru damu and support him 100% but I lack writing talent.
WAS BARASA ICC DOUBLE AGENT?
Tuesday, October 8, 2013 – 00:00 — BY STAR TEAM
JOURNALIST Walter Barasa who is wanted by ICC originally worked with the Hague based court to look for witnesses against Deputy President William Ruto. After Barasa differed with the ICC, he switched to working with a network of people working behind the scenes to encourage witnesses to recanted their statements. Yesterday Interior Minister Joseph Ole Lenku announced that he had passed on the ICC arrest warrant for Barasa to Chief Justice Willy Mutunga so that the courts can handle it.
According to multiple sources, Barasa, 41 years, began working for the International Criminal Court in 2012 around Eldoret as an intermediary for investigators collecting evidence for the post election violence cases. The ICC investigators needed individuals who knew the Rift Valley and understand how the post election violence occurred. One investigator approached several journalists to serve as intermediaries supporting the ICC. Some journalists rejected offers to work with the ICC but eventually they struck a deal with Barasa. “Barasa’s work would mainly be to get in touch with people who had been identified to be witnesses and then convince them to be put under protection in or out of the country in readiness to give evidence before the ICC,” said a source. After agreeing with the witnesses, Barasa would help arrange their travel documents like passports so that they could travel to the Hague when the case started.
Barasa reportedly handled more than ten witnesses for the ICC and helped move the witnesses out of Kenya to other East African countries for safety. “He would be sent to those countries to locate areas where the witnesses were to be put under protection,” said one source. Barasa linked up with several civil society groups who had also helped the ICC carry out its investigations. NGO sources indicated that the agreement between Barasa and the ICC was on casual terms and he was paid according to the work he did. The ICC paid him through allowances for travel costs and other needs. He reportedly could get between Sh50,000 and Sh100,000 for a single operation like helping a witness to get travel documents. Around June, Barasa started to disagree with the ICC over payments. However some operatives heard that Barasa was unhappy and and approached him to help bring back the witnesses due to testify at the ICC.
He continued to work with the ICC although he was suspected of dealing with individuals interested in having the witnesses refuse to testify. The ICC investigators were reportedly caught by surprise when some witnesses did not arrive at the Hague at the start of Ruto and Sang’s trial in September. Chief Prosecutor Fatou Bensouda immediately dispatched a team to the areas in Kenya where the witnesses were to living to find out what had gone wrong. The investigators led by Paul Ilani met Barasa and reportedly disagreed hotly. He was cautioned that a warrant of arrest would be issued against him for attempting to bribe witnesses.
The warrant was issued secretly in August but was made public last week. Yesterday Peter Murigi Macharia, a TNA media officer during the last election, send out a “profile of ICC double agent Walter Baraza containing the hard facts about his involvement with the ICC.” The document was prepared by a lobby group called African Forum on ICC which is based in Chester House on Koinange Street, Nairobi. The document claims that the ICC wanted Barasa to work with them to “implicate” Ruto as they had realised that he was tampering with witnesses. Barasa was apparently angered by insinuations that he was working with Ruto. “He told them that the last time he met the Deputy President was in 2007. Ilani told him that they were aware that he met the DP after he came back from Japan. Barasa dared them to instigate any warrant of arrest against him and that he was ready to face them before the ICC,” said the document prepared by the lobby group. The document says that Barasa was in touch with a lady witness who was in Uganda, Burundi and Congo under ICC protection but who sought his help to leave the witness protection programme.
The media are regurgitating TNA/Jubilee propaganda.
We know for one Ruto was fixed by Gichangi and his boys. When Ruto fell out with
ODM and became buddy buddy with Uhuru, he became a vital asset to the then
PNU,KKK, G7 and finally KK.
The NSIS were aware of the witnesses against Ruto and for a while they kept him on
a leash in case he went back to ODM. Ruto however kept his part of the bargain
by delivering his bit in the infamous “tyranny of numbers”, and the
powers that be decided to ‘cut him some slack’ by undoing the ‘fix’.
We know Barasa worked for Mediamax (a Kenyatta owned company), and was probably sent to infiltrate the ICC by the NSIS – who remember had a hand in securing witnesses
against Ruto and therefore knew their identities.
The whole thing is an NSIS operation, gone bad, and they are as usual, trying to
deflect their stink, by throwing shade at the ICC investigators.
Worshipping God of Money and witchcraft has destroyed all moral fabrics of kenyan society today Kenya is ruled by a mass-murderers &his deputy ,Since Uhuru Kenyatta and William Ruto were rigged in Kenya crimes haS GROWN TENTHFOLD in every county rapings/killings/robbings/carjackings/kidnapings etc . Corruption is kenya’s morning prayers, The Most leading in corruption is The National Police followed by KDF (Kenya defence forces )who went to westgate to resque innocent lives held hostages by a foreign terrorists (Al-shabab aka alqaida but instead ofthis Corrupt military organization they went on a thieving &robbing spree helping themselves with free whisky /expensive wine/breaking atm machines /stealing Cameras/expensive watches/ jewels/gold7diamonds etc, after getting intoxicated by free perks they started having sex with dead bodies and searching pockets draing everything from dead bodies (dead bodies had no sign of a collected Id card/pass/port bank cards all was robbed by Both Julius Karangi and Kimaiyo thuggish &rapist boys! Some of us has lost faith/confidence /trust with corrupt nigger President Uhuru Kenyatta and William Ruto who really hates the western leaders and their democracy! Today the Govt of Uhuru Kenyatta & William Ruto is very busy inciting the AU(African Union) member countries to leave the ICC en-masse! Let the western democrazy and civilization to sit idle when sub-humans that does respect human rights and humanity not appeased but the western nations led by the most Powerful democracy on earth the USA lead others by Punishing Uhuru Kenyatta & William Ruto and end impunity in Kenya AND FRIGHTEN OTHER aFRICAN MAD-DICTATORS!
Read here >Kenya under the Most corrpt criminal King Uhuru & Ruto has gone to the Dogs>Read How terrorist Pay/masters Compromissed Jomo Kenyatta Airport Security flying to Somali with millions to pay to terrorist Chiefs !they were arrested boarding Arplane having bribed Kimaiyo/NIS corrupt boys>
http://www.thepeople.co.ke/25438/jkia-police-nab-westgate-paymasters/
http://www.capitalfm.co.ke/Wake up western Leaders and prove Uhuru Kenyatta challenging your western democracy and rule of law rubbish!
Why should UK/USA leadership fail to tame a mad nigger and his psycophats? Is Guantanamo full that there is no place for more terrorists like Uhuru Kenyatta & his Deputy William Ruto! The who world cannot stomach when ” nigger terrorits are attacking and degrading wester democracy and civilization by challenging the ICC hiding under the pants of AU dictators living in darkness. In this modern age there is no place for mass- murderers to hide!deal with uhuru&ruto as quickly as possible!The people of Kenya deserves good leaders not Uhuru Kenyatta and William Ruto!
Charles Tylor will serve his 50 years prison sentence in United Kingdom>(UK)guess where Uhuru&Ruto will serve their sentence?>
http://www.bbc.co.uk/news/uk-24474588
See how The Pseudo intellectuals has to write Rubbish hence a intellectual nigger thinks like a Monkey> What happened to Saadam Hussein of Iraqi when he threatened the West?
What happened When Col Gadaffi threatened the West?
Read here how Uhuru Kenyatta was photographed with (tele/communication )Fellows & Gentlemen After threatening them with arrest for not controlling and releasing Phone calls used by terrorists(foreign) who attacked Westgate!Uhuru Kenya thinks he can keep on holding Ransoms at the western intelligence and playing with their minds>If worst Comes Kenya will be occupied and both Uhuru Kenyatta will be taken dead or alive like what happened to both Sadam Hussein and Colonel Ghadaffi of Libya. You don’t threaten the Giants.Never and to make the matter worse from an Nigger Dictator South Of Sahara in failed state!that relies on food donation from the westet
See how The Pseudo intellectuals has to write Rubbish hence a intellectual nigger thinks like a Monkey> What happened to Saadam Hussein of Iraqi when he threatened the West?
What happened When Col Gadaffi threatened the West?
Read here how Uhuru Kenyatta was photographed with (tele/communication )Fellows & Gentlemen After threatening them with arrest for not controlling and releasing Phone calls used by terrorists(foreign) who attacked Westgate!Uhuru Kenya thinks he can keep on holding Ransoms at the western intelligence and playing with their minds>If worst Comes Kenya will be occupied and both Uhuru Kenyatta will be taken dead or alive like what happened to both Sadam Hussein and Colonel Ghadaffi of Libya. You don’t threaten the Giants.Never and to make the matter worse from an Nigger Dictator South Of Sahara in failed state!that relies on food donation from the west<
http://www.kenya-today.com/news/statehouse-meeting-mobile-companies-goof-westgate-may-let-uhuru-hague
Kamwana Uhuru the son of Jomo should grow real balls like Ruto and go to the ICC. He has top lawyers, so why is he so scared?He has always claimed he would cooperate with the court. What has changed?Come on, he should not be his mama’s boy and face the reality to clear his name if he is innocent.
Uhuru Kenyatta like other habitual criminals can run but he cannot hide before being smoked in saadam Hussein mole-hole>
http://www.standardmedia.co.ke/?articleID=2000095323&story_title=icc-says-uhuru-not-immune-to-trial
Uhuru is slowly failing the failed state and elevating it into a completely new level of hopelessness. Here are 8 reasons:
1. Insecurity: Al Shabab, bandits, police, car jackers, armed robbers, rapists and other criminals continue to terrorize innocent citizens.
2. High taxation to maintain and fund his bloated govt at the expense of poor Kenyans. (16% VAT)
3. State of confusion in his govt: Most members of his admin don’t understand their roles or what they are supposed to do other than to campaign for NO HAGUE. There seems to be a lack of sound economic policy other than the HAGUE policy.
4. Tribal appointments continue long after Kifaki, the chief tribalist is gone.
5. Financial misappropriation because of lack of proper control/accountability within his administration.
6. Unnecessary govt spending: 100 Million Ruto Jet, 150 Million Speaker House etc.
7. Hague baggage: A huge monkey in his back that just won’t go away. He’s spending more time lobbying for his case to be dropped or moved at the expense of providing sound leadership to the people of Kenya. All his foreign trips had the ICC agenda as the underlying motive but of course the general public has always been hoodwinked that it’s for the development of our nation.
8. Failed political promises he made during his campaign due to Hague on his mind.
Generally speaking, the Hague thing is weighing heavily on his shoulder and it’s so hard to shake it off. He can keep his cool and continue looking strong but the man is battered on the inside. It has truly humbled him from the fire spitting red eyed man asking whether “Hague ni ya Nyokwa” to soft spoken man….now seeking alliance with other African despots and attempting to find all possible ways to stop the Hague trial and reduce the shame of being the first ever sitting president to face prosecution.
Please name 2 great things that Uhuru has accomplished so far as the PORK. Otherwise, accept the guy has failed Kenyans.
How Cunning is Uhuru Kenyatta? HOw cunning is the King Kikuyu adore?
Uhuru Kenyatta is more Cunning than Western Powers & intelligence !
Is Kikuyu Chosen King be the First to Conquer the Western Empirial Power in Africa Kenya?
Lets wait and watch the Movie as it unfolds!
Watch how Uhuru Kenyatta mass-media is exploiting his Lackeys and lapdogs>
African countries account for 34 of the 122 parties to have ratified the ICC’s founding treaty, which took effect on July 1, 2002. A mass pull-out from the court — as some countries have demanded — could seriously damage the institution.
‘License to kill’
The bloc, however, appeared to be divided on the issue — with countries like Kenya, Sudan, Ethiopia and Rwanda taking a tough line, but other nations seemingly more reluctant to get embroiled in a diplomatic confrontation. Prominent African figures have also lobbied hard against a pull-out.
South African anti-apartheid icon and Nobel peace laureate Desmond Tutu has been among those backing the world court, and has argued the number of African cases was merely a reflection on the dismal human rights record of many of the continent’s governments.
“Those leaders seeking to skirt the court are effectively looking for a licence to kill, maim and oppress their own people,” he wrote in an op-ed carried by several newspapers ahead of the talks.
Former UN secretary-general Kofi Annan also said a pull-out would leave Africa wearing a “badge of shame”.
But according to one African diplomat, there was still a sentiment the ICC — which is an independent international organisation, and is not part of the United Nations system — was turning a blind eye to other parts of the world where “massive crimes against humanity had been committed”.
The ICC has charged Kenya’s leaders, as well as former radio boss Joshua Arap Sang, with crimes against humanity linked to post-election violence in 2007-2008 that left at least 1,100 dead and more than 600,000 homeless.
The trial of Ruto and Sang has already begun, and Kenyatta is due in court on November 12.
The accused have so far pledged to cooperate with the court, but the relationship has been soured by accusations of witness intimidation in Kenya and counter-complaints against the ICC that it has been manipulating witnesses and is inflexible.
Following last month’s Islamist militant attack on Nairobi’s Westgate shopping mall, the government also demanded that Kenyatta be allowed to appear by video-link so he can deal with national security issues.
Should the accused fail to turn up for any of the hearings that could trigger arrest warrants, with Kenya then running the risk of diplomatic isolation.
http://www.nation.co.ke/news/politics/African-leaders-tell-ICC-not-to-try-heads-of-state/-/1064/2029020/-/k06cco/-/index.html
Desmond Tutu – via Avaaz.org
Dear Avaaz friends,
In 2 days, African leaders could vote to withdraw from the International Criminal Court, crippling one of the world’s best hopes for confronting genocide and crimes against humanity. I know together we can stop this. Join me in urging the voices of reason within the African Union to stand up for justice and accountability — let’s protect this great institution:
In just 2 days’ time, African leaders could kill off a great institution, leaving the world a more dangerous place.
The International Criminal Court (ICC) is the world’s first and only global court to adjudicate crimes against humanity. But leaders of Sudan and Kenya, who have inflicted terror and fear across their countries, are trying to drag Africa out of the ICC, allowing them the freedom to kill, rape, and inspire hatred without consequences.
I know that together we can change this. But we have to join hands and call on the voices of reason at the African Union (AU) – Nigeria and South Africa – to speak out and ensure that the persecuted are protected by the ICC. Join me by adding your name to the petition now and share it with everyone — when we have hit 1 million our petition will be delivered straight into the AU conference hall where Africa’s leaders are meeting in Addis Ababa.
https://secure.avaaz.org/en/justice_for_africa_icc/?bVimpeb&v=30049
In my years of work, life and travel, the fight for justice has been a long and arduous one. I have seen the very worst in Darfur and Rwanda, but also the very best with the reconciliation in South Africa. During this journey, I have seen great gains made that protect the weak from the strong and give us all hope. The ICC is one of these beacons of hope.
This threat to the ICC started precisely because the court was doing its job. It charged Kenya’s Deputy President for killing people who rallied against him during an election and Sudan’s President for murdering women and children in Darfur. Now Kenya and Sudan are lobbying all of Africa to pull out of the court and destroy its chance of success.
But in Darfur, Congo, Cote D’Ivoire and Kenya, the ICC has played a key role in bringing hope to those terrified by the armies, militias and madmen that have waged war against the innocent. It’s a light in the darkness that cannot be allowed to go out.
The main argument by some leaders with a guilty conscience is that the ICC is a Western witch-hunt as most of the investigations have happened in Africa. But this couldn’t be further from the truth. This was an institution that was created by 20 African countries, 5 of the court’s 18 judges are African and the chief prosecutor is African.
Friday is a key judgement day. Will our African leaders stand on the side of justice or injustice? With survivors and fallen victims or with tyrants and oppressors? This is the moment to choose. Join me in calling on African leaders to stand on the side of justice and support the International Criminal Court:
https://secure.avaaz.org/en/justice_for_africa_icc/?bVimpeb&v=30049
I’ve seen some of the brightest moments in human history, moments where we together brought hope to so many. This is our chance to do that again, together.
With hope and appreciation for this community,
Desmond Tutu
More information:
Botswana Supports International Criminal Court (Voice of America)
http://www.voanews.com/content/botswana-supports-international-criminal-court/1764960.html
130 Groups Across Africa Call for Countries to Back ICC (Human Rights Watch)
http://www.hrw.org/news/2013/10/07/130-groups-across-africa-call-countries-back-icc
Kenya pushing for African split from International Criminal Court (Irish Times)
http://www.irishtimes.com/news/world/africa/kenya-pushing-for-african-split-from-international-criminal-court-1.1549427
Annan defends International Criminal Court (News 24)
http://www.news24.com/Africa/News/Annan-defends-International-Criminal-Court-20131007
Africa to debate ICC role amid growing opposition (Yahoo News)
http://news.yahoo.com/africa-debate-icc-role-amid-growing-opposition-103053710.html
This is what ANUS-THINKING AU Dictators has to Tell ( Advice ) both Uhuru Kenyatta & His Deputy William Ruto not to go to ICC in Hague!http://www.capitalfm.co.ke/news/2013/10/african-union-tells-uhuru-ruto-to-snub-the-icc/
Why cant the so called The Cunning Kikuyu Elites cannot (has failed miserable) to read the Writtings on the Wall? written in Capital letters !Ati their King is Castrated?>for one UHURU is a beneficiary of dictators who bulldoze their way or cronies into presidency. therefore he is in good company. i don’t agree with Imanyara that he should follow Ruto’s example. simply for the reason he has a lot to loose than Ruto and Uhuru could care less or be moved by the plight of Kenyans. Let us not forget he comes for the same basket of Kenyan politicians; and has the heart of Mugabe. I expect him to dig in, if anything he is wealthy enough not to go hungry like the rest of us for quite a long time. Listening to common sentiments and knowing Kenyans- his goose is cooked already. who would have thought libyans would kill Gaddafi by their own hands. Uhuru’s problem is not without, it is within and growing by the day. if not for his money, only a section of Kikuyus really love him. Kalenjins just need a go ahead from you know who and divorce is complete. the rest of the country as to plan is slipping away from him. if he fails to secure their money, HE IS AS GOOD AS DONE. best explained by Ouko’s end. the game is simple Mr President; get your supporters passionate and emotional, then turn them against you and provide external support. stop sleeping around with the ‘biblical delilah’. leave the ICC option open if u need it in future for your own safety. He looses nothing by just attending trial; if verdict is guilty, the more reason to keep off at that point. for now keep ‘their money’ safe. unlike the ‘west and east’ – kenyans are will be lethal to UHURU given the chance.
Uhuru Asks ICC Judges to Stop Hague Case – The Star Newspaper http://www.the-star.co.ke/news/article-139115/uhuru-asks-icc-judges-stop-hague-case
A Reaction By Dr. Obote Odora (Consultant, International Law & Policy)
It appears Uhuru’s defence lawyers have adopted a defence strategy of “throw everything on the wall in the hope that it will stick.” Some Defence Councels at the ICTY/ICTR, adopted that policy. Each time they tried, they failed. The interesting thing with Uhuru’s Defence Councel is his argument that three prosecution witnesses have been tempered with. His option is to discredit the witnesses in cross-examination or make an application by way of a motion for the Chamber to disqualify them. The Prosecutor will have a right of reply to the said motion. The Chamber will then issue an order on whether to disqualify any or all three witnesses. The remedy available to Uhuru and the Court is not to stop trial on account of three allegedly tainted prosecution witnesses when there are several other untainted prosecution witnesses, who are still available to testify against Uhuru. Additionally, intermediaries are neither witnesses for the prosecution nor for the defence. If the ‘intermediaries’ are coaching prosecution witnesses or are interfering with the court process, the option for Uhuru’s Councel is to seek an order from the Chamber to direct that an indictment for contempt of court, based on information provided by the defence, be issued against the alleged intermediaries. Mere allegation is not sufficient to discontinue a trial. His Councel also has an option to submit a “no case to answer” after the Prosecution has concluded its case based on the lack of credibility and reliability of prosecution witnesses, and not before the trial has commenced. Uhuru cannot seek to preempt a trial based on mere allegations which may, or may not be proved. Let us await the Chamber’s decision.
Look how Uhuru Paid and incited Mungikis did to this Kalejin Innocent Mother!Uhuru’s ill-gotten weathy should be confisicated and be given to Victims of PEV like this suffering Mom! Uhuru Kenyatta 50 years is holiday !
uhuruto should surrender to the icc.leave what the african leaders say because African leader are hypocris they wil not help kenya if get economic sanctions this wil lender punshment to kenyans who are inocent on this issue.look what about the issue of Gadafi what the Au does.things to think is that should the law applicable retrospective or prospectiv? the case has been prosecuted since uhuruto was not in the office of presidence.African leader their nature they can not easly vacate or inter into their office without bloodshed ICC should be there to teach them without icc in Africa wil happen what is so called a massive violation of humman right.Fatou Binsouda dont be shaked.
The biggest lie is that Uhuru Kenyatta and William Ruto are security experts who are indispensable to Kenya’s defense against al-Shabaab.
In reality, these two thugs, disguised as statesmen, had no inkling or interest in Kenya’s security against terrorism. Rather, their main concern was to stop their cases at the International Criminal Court by any means necessary. When the Westgate attack was happening, Ruto and Uhuru’s blind rabid supporters were at the Hague, kneeling down on Dutch bike lanes, to “pray” for Ruto and Uhuru. So you can clearly see where their priorities were.
The Westgate attack, as tragic as it was, was quickly grabbed by Ruto and Uhuru as an opportunity to evade ICC justice.
Kenya does not need Ruto and Uhuru to fight terrorism. Kenya simply needs a professional intelligence organization and a professional ministry of Internal Security. In fact, it can be argued that Ruto and Uhuru not being in the picture will be better for Kenya’s security because the country will have true professionals who can make decisions that are not influenced by the ICC case against Kenya.
Ruto and Uhuru being in the picture simply compromises Kenya’s security because they are simply looking out for one thing: How they can get out of their ICC trials.
ICC: Uhuru Should Ignore The Naivety Of African Leaders
Posted in: Opinion|October 15, 2013
BY RUTH MUMBI
Recently, Kenyans have been consumed yet again in a new national debate on whether President Uhuru Kenyatta should or shouldn’t attend the court sessions at The Hague based International Criminal Court where he is accused of committing crimes against humanity.
A section of the government while lobbying for this defiance argued on the basis that it was in the best interest of Mr. Kenyatta and Kenya as a whole to get a way by whatever means to either stop the case against Kenyatta or use any means possible to ensure the President doesn’t attend the court proceedings in person when they commence in November.
In the name of fighting for the withdrawal of the criminal charges facing President Uhuru, some representatives of the Kenyan Government have initiated some kind of renewed diplomacy to lobby other countries especially in Africa to go as far as boycotting and moving out of the Rome Statute en masse, alleging the ICC is another tool for Europe’s second colonization of Africa!
Just before the recently concluded 2013 special African Union summit held in Addis Ababa Ethiopia, there was widespread belief that all African International Criminal Court member countries were going to support mass exit from the Rome Statue. That didn’t happen. Nonetheless, Kenya along with Uganda pushed the AU for a summit to discuss the continent’s relations with the ICC, with African officials initially saying that an en masse withdrawal of African countries from the ICC would be on the agenda.
However, the proposal appeared to garner little support aside from Kenya, Sudan, Rwanda and Ethiopia. The last three are not signatories to the court. This argument is what led the African Union to develop a position that came close to non cooperation with the court by the AU and its member countries.
The intention of non cooperation by the African union is evident but going by the declarations that were made by the chairperson of the union at the end of the summit in Addis Ababa stating that no sitting African President should be tried at the International Criminal Court (ICC), it means the Union decided to lower its extreme position of mass withdrawal something that should worry president Kenyatta on whether the AU will stand by him under whatever circumstances.
Though hypocritical and pretentious, this implies that the African states and their respective leaderships are awake to the fact that it’s neither in their best interest as countries nor as heads of states to withdraw.
So many views have been expressed by both national and international interest groups on this matter some raising concerns that Kenya might become abandoned by the international community and even the African Union itself if Kenyatta fails to honour his date with the ICC. So far the Amnesty International has condemned the threats and declarations by the AU.
The recent historical political developments in Africa should inform Uhuru to make the right decision in the best interest of the nation and his own self. It will be suicidal to boycott the ICC. The risk of international sanctions and the political instability that may occur as a result might cause this country to face serious economic hardships that Kenya being a third world might find hard to sustain as a country. The suffering of the masses might lead to economic collapse of the country thus production and productiveness of the citizens very low. This will not be in the best interest of even Uhuru himself.
Uhuru should not rely on any advice of any member country or any state in Africa to make a decision of cooperating or not cooperating with the ICC. It cant be forgotten that most of those who are very vocal in withdrawing African Countries from ICC were very vocal in proclaiming their solidarity with the former Libyan leader Col.Muammar Gaddafi who even went to an extend of using his personal fortunes to help a number of African states.
When NATO came to Libya, no African state stood by Gaddafi. Jacob Zuma, who was expected to support Gaddafi, led South Africa in supporting the enforcement of a no fly zone on Libya by the United Nations Security Council, only to later express regret like he never knew the real meaning of a ‘no fly zone’. The regret came too late since Gaddafi had already been captured and summarily executed without even being given an opportunity to defend himself before a reputable court of law. The African Union made a few rants here and there and forgot about Gaddafi.
It’s encouraging that so far the court has had full cooperation from the President, his deputy William Ruto, former radio journalist Mr. Joshua arap sang and even those who have so far been acquitted .It will be unnecessary to start antagonizing the ICC now. It’s important for president Uhuru to continue going to court unconditionally, just as he had promised during the Presidential campaigns. Majority of his voters trusted him when he promised to cooperate with the court and deal with the case as a personal challenge.
He should not subject the country to a lot of suffering because of his ‘personal challenge’. If innocent as he has believably always claimed, he will be acquitted and continue working to help the country achieve the developmental goals as envisioned in the jubilee manifesto.
Failure to cooperate with International Criminal Court effectively affects the Kenyan cases at The Hague, jeopardizes the international goodwill we have enjoyed as a country by the cooperation so far we have had with the court and effectively piles His Excellency Uhuru Kenyatta in the same category with fugitive Sudanese president Omar Hassan Al Bashir whom the ICC has already issued a warrant of arrest against.
Ruth Mumbi is a finalist for the 2013 Front Line Award for Human Rights Defenders at Risk.
Click to access doc1671583.pdf
u av rily spoken mr. okoth.i lyk ua convincing character.