Wednesday
October 26, 2011
October 26, 2011
The Ocampo Six (Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, radio presenter
Joshua Sang, Public Service boss Francis Muthaura, Finance minister Uhuru Kenyatta and former police boss Hussein Ali) will know their fate on the same date after the Pre-Trial Chamber II said it will issue decisions confirming or declining to confirm the charges jointly October 26, 2011. FILE
By OLIVER MATHENGE
Posted Wednesday, October 26 2011 at 18:41
Posted Wednesday, October 26 2011 at 18:41
The Kenyan post election violence suspects will know the fate of their cases at the International Criminal Court on the same date.
The Pre-Trial Chamber has cited security concerns raised by the Prosecution and the Victims’ lawyers as the key factor in arriving at the decision. The Chamber has also said that though it has 60 days to make a decision on the first case, this date may be varied.
From the ruling made Wednesday by Judge Ekaterina Trendafilova, MPs William Ruto and Henry Kosgey and radio presenter Joshua Sang will have to wait longer than they expected for the Chamber's decision confirming or declining to confirm the charges.
The judge said in the ruling that she believes that the security factors constitute “good cause” warranting the variation of time limit in the present case.
“Consequently, the 60-day time limit, within which the decision under article 61(7) of the Statute is to be rendered in Case 1, shall be varied to the effect that the decision in Case 1 will be issued at the same time as the article 61(7) decision in Case 2,” Judge Trendafilova said.
Case 2 is that of the Prosecutor versus head of civil service Francis Kirimi Muthaura, Deputy Prime Minister Uhuru Muigai Kenyatta and postmaster general Mohammed Hussein Ali.
The judge said that the Registrar has drawn the attention of the Chamber to the fact that if the decisions in the two cases are issued separately, and whatever is decided in the first case, it is likely that a rise in tension may occur, and speculations or potentially heated public debate might take place with an expectation of the same result in the second case.
She added that issuing the decisions simultaneously could make a significant difference on how the Kenyan population reacts to the decisions. She also said that the Registrar, just like the Prosecution and the victims’ representatives confirmed that witnesses have expressed security concerns in case the decisions in the two cases were not issued jointly.
“The Chamber, duty-bound by law to protect the safety and well-being of witnesses and victims throughout the proceedings, took this decision mindful of the many security concerns raised by the victims in both cases. Those concerns were also supported by regular reports received by the Chamber on the security situation in the Republic of Kenya,” Judge Trendafilova said.
In its decision, the Chamber also reiterated its appeal previously made to all concerned and citizens of the Republic of Kenya to respect the life, security and property of victims and witnesses and to refrain from engaging in any activities that are likely to trigger or exacerbate tension and violence in the Republic of Kenya.
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