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From FM News, NAIROBI, Kenya Jan 12 2010- The International Centre for Transitional Justice says it is unlikely that African Union member states will support the call by Kenya to withdraw from the Rome Statute which establishes the International Criminal Court . The Head of the ICTJ Kenya Office Njonjo Mue ruled out a case of a bloc withdrawal by African countries which form the largest members to the court.

“Although the AU has its issues with the refusal of the ICC to defer the Bashir indictment, African states have not individually said they have a problem, so they will withdraw but it is awaited to be seen what the game plan is,” he told Capital News.

This comes in the wake of reports that the Government has sent ministers to lobby different African countries to support its efforts to have the six Kenyans named by the International Criminal Court tried locally. Only this week, Vice President Kalonzo Musyoka met Presidents Jacob Zuma and Yoweri Museveni over the issue and is expected to travel to Malawi with only two weeks left before African Union Heads of State meet in Addis Ababa, Ethiopia, for an AU summit.

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12 January 2011 VOA News

The campaign to remove Kenya from the International Criminal Court appears to be gathering steam as the east African nation looks to rally diplomatic support across Africa.
Members of Kenya’s cabinet are currently crossing the continent to gain African Union support for withdrawal from the court, the country’s major news outlets are reporting Wednesday.

Kenya’s Daily Nation newspaper and Capital FM radio station have reported that Vice President Kalonzo Musyoka is in South Africa Wednesday to discuss withdrawal with President Jacob Zuma. The vice president is expected to visit Uganda on Thursday to push for further support from President Yoweri Museveni.

While news of the government-wide push contradicts past statements by Kenyan leaders, the Director for the Nairobi-based International Center for Policy and Conflict, Ndungu Wainaina, doubts whether the current coalition government ever actually supported the court.

“The war against ICC in Kenya is deeper than what it seems on the face,” said Wainaina. “Despite the various public statements by individual members, individual cabinet ministers and the Prime Minister, we have not seen a collective government position since this new war against the ICC began.”

It has been less than a month since International Criminal Court Prosecutor Luis Moreno-Ocampo announced six suspects are to face judges in The Hague for their roles in Kenya’s post-election violence three years ago. The list, which confirmed speculation involving prominent politicians, such as Finance Minister Uhuru Kenyatta and presidential hopeful William Ruto, also contained surprises, like civil servant Francis Muthaura and journalist Joshua arap Sang.

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Bloomberg

Foreign Policy

 

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Bloomberg Sarah McGregor and Eric Ombok – Dec 16, 2010

Kenya’s Parliament dismissed a motion to end the East African nation’s obligation to cooperate with the International Criminal Court, which is pursuing cases against six Kenyans for their alleged roles in post-election violence in 2008.

Deputy Parliamentary Speaker Farah Maalim said lawmaker Isaac Ruto didn’t follow proper procedure because he presented the motion for debate rather than a bill. Ruto urged parliament to repeal Kenya’s commitment as a signatory to the Rome Statutes that created the court. The proceedings were broadcast by Kenya Broadcasting Corp., the state-run television station.

The Hague-based court’s Chief Prosecutor Luis Moreno-Ocampo yesterday requested that charges of crimes against humanity be filed against Deputy Prime Minister and Finance MinisterUhuru Kenyatta, and lawmaker William Ruto. Industrialization Minister Henry Kosgey, Cabinet Secretary Francis Muthaura, former police chief Mohammed Hussein Ali and Joshua Arap Sang, a radio presenter, were also identified as suspects.

“A state shall not be discharged, by reason of its withdrawal, from the obligations arising from this statute while it was a party to the statute, including any financial obligation which may have accrued,” Prime Minister Raila Odinga told lawmakers. Ending cooperation also wouldn’t affect current cases, he said.

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New York Times, Dec 15 2010

AMU, Kenya — The prosecutor of the International Criminal Courtis seeking to indict several high-ranking Kenyan politicians, including the finance minister and a former national police chief, for crimes against humanity in what he calls an orchestrated campaign to displace, torture, persecute and kill civilians during Kenya’s election crisis in 2007 and early 2008.

These are the first serious charges sought against Kenya’s political elite for the violence, and are intended to address one of Africa’s glaring weak spots — disputed elections — which have led to turmoil in Zimbabwe, Ethiopia, Nigeria and, most recently, Ivory Coast.

“This is a different kind of case,” Luis Moreno-Ocampo, the court’s chief prosecutor, said of the accusations, which were announced Wednesday. “This isn’t about militias. It’s about politicians and political parties. It’s about investigating leadership.”

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GlobalVoiceOnline

Financial Times

 

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Dec 15 2010 Available at http://www.icc-cpi.int/NR/exeres/BA2041D8-3F30-4531-8850-431B5B2F4416.htm

Kenya’s post election violence: ICC Prosecutor presents cases against six individuals for crimes against humanity

ICC-OTP-20101215-PR615

ICC Prosecutor Luis Moreno-Ocampo today requested the International Criminal Court to issue summonses to appear against six Kenyan citizens to face justice for massive crimes committed during the post-election violence (PEV) in Kenya.

The Prosecutor has concluded there are reasonable grounds to believe crimes against humanity were committed, in the first Prosecution case, by:

1. William Samoei Ruto – currently: Minister of Higher Education, Science and Technology (suspended), MP for Eldoret North and during the PEV, MP for Eldoret North. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters;

2. Henry Kiprono Kosgey – currently: Minister of Industrialization, MP for Tinderet Constituency, ODM Chairman and during the PEV: MP for Tinderet. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters; and

3. Joshua Arap Sang – currently Head of Operations, KASS FM and during the PEV: Radio broadcaster. The Prosecution considers that he was one of the principal planners and organizers of crimes against PNU supporters.

And in the second Prosecution case, by:

4. Francis Kirimi Muthaura – during the PEV and to date: Head of the Public Service and Secretary to the Cabinet and Chairman of the National Security Advisory Committee. The Prosecution considers that he authorized the Police to use excessive force against ODM supporters and to facilitate attacks against ODM supporters.

5. Uhuru Muigai Kenyatta – currently: Deputy Prime Minister and Minister of Finance. The Prosecution considers that during the PEV he helped to mobilize the Mungiki criminal organization to attack ODM supporters; and

6. Mohamed Hussein Ali – currently: Chief Executive of the Postal Corporation of Kenya and during the PEV he was Commissioner of the Kenya Police. The Prosecution considers that during the PEV he authorized the use of excessive force against ODM supporters and facilitated attacks against ODM supporters.

“The post election period of 2007-2008 was one of the most violent periods of the nation’s history,” said the Prosecutor.

The post election attacks left more than 1, 100 people dead, 3,500 injured and up to 600, 000 forcibly displaced. During 60 days of violence, there were hundreds of rapes, possibly more, and over 100, 000 properties were destroyed in six of Kenya’s eight provinces.

“These were not just crimes against innocent Kenyans”, said Prosecutor Moreno-Ocampo. “They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

The judges of Pre-Trial Chamber II will now review the evidence. If they determine that there are reasonable grounds to believe that the six persons named committed the alleged crimes, they will decide on the most appropriate way to ensure their appearance in Court. The Prosecution has requested Summonses to Appear.

15.12.2010 – Prosecutor’s Application Pursuant to Article 58 as to William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

15.12.2010 – Prosecutor’s Application Pursuant to Article 58 as to Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali


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Annex

Summary of the Application

1. As early as December 2006, WILLIAM SAMOEI RUTO (“RUTO”) and HENRY KIPRONO KOSGEY (“KOSGEY”), prominent leaders of the Orange Democratic Movement (“ODM”) political party, began preparing a criminal plan to attack those identified as supporters of the Party of National Unity (“PNU”).[1]JOSHUA ARAP SANG (“SANG”), a prominent ODM supporter, was a crucial part of the plan, using his radio program to collect supporters and provide signals to members of the plan on when and where to attack. RUTO, KOSGEY and SANG coordinated a series of actors and institutions to establish a network, using it to implement an organizational policy to commit crimes. Their two goals were: (1) gain power in the Rift Valley Province, (“Rift Valley”) and in Kenya Central Government, (2) punish and expel from the Rift Valley those perceived to support PNU (collectively referred to as “PNU supporters”).

2. Kenyans voted in the presidential election on 27 December 2007. On 30 December 2007, the Electoral Commission of Kenya declared that Mwai Kibaki, presidential candidate for the PNU had won the election. The announcement triggered one of the most violent periods in Kenya’s history. The Prosecution will present some of the incidents, identifying those who are most responsible.

3. Thousands of members of the network (“perpetrators”) cultivated by RUTO, KOSGEY and SANG began to execute their plan by attacking PNU supporters immediately after the announcement of the presidential election results on 30 December 2007. On 30-31 December 2007, they began attacks in target locations including Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town. They approached each location from all directions, burning down PNU supporters’ homes and businesses, killing civilians, and systematically driving them from their homes. On 1 January 2008, the church located on the Kiambaa farm cooperative was attacked and burned with more than hundred people inside. At least 17 people died. The brunt of the attacks continued into the first week of January 2008.

4. All identified attacks occurred in a uniform fashion. Perpetrators gathered at designated meeting points outside of locations selected for attack. There, they met Coordinators, who organized the perpetrators into groups with assigned tasks. Perpetrators then attacked target locations. Some perpetrators approached on foot, while others were driven or in trucks, previously arranged. SANG helped coordinate the attacks using coded language disseminated through radio broadcasts.

5. In response to RUTO, KOSGEY and SANG’s planned attacks on PNU supporters, as well as to deal with protests organized by the ODM, prominent PNU members and/or Government of Kenya officials Francis Kirimi MUTHAURA (“MUTHAURA”), Uhuru Muigai KENYATTA (“KENYATTA”), and Mohammed Hussein ALI (“ALI”) developed and executed a plan to attack perceived ODM supporters in order to keep the PNU in power.

6. First, under the authority of the National Security Advisory Committee, of which MUTHAURA and ALI were Chairman and a member, respectively, the Kenya Police in joint operations with the Administration Police (“Kenyan Police Forces”) were deployed into ODM strongholds where they used excessive force against civilian protesters in Kisumu (Kisumu District, Nyanza Province) and in Kibera (Kibera Division, Nairobi Province). As a consequence, between the end of December 2007 and the middle of January 2008, the Kenyan Police Forces indiscriminately shot at and killed more than a hundred ODM supporters in Kisumu and Kibera.

7. Second, MUTHAURA, KENYATTA and ALI also developed a different tactic to retaliate against the attacks on PNU supporters. On or about 3 January 2008, KENYATTA, as the focal point between the PNU and the criminal organization the Mungiki, facilitated a meeting with MUTHAURA, a senior Government of Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian supporters of the ODM. Thereafter, MUTHAURA, in his capacity as Chairman of the National Security Advisory Committee (“NSAC”), telephoned ALI, his subordinate as head of the Kenya Police, and instructed ALI not to interfere with the movement of pro-PNU youth, including the Mungiki. KENYATTA additionally instructed the Mungiki leaders to attend a second meeting on the same day to finalize logistical and financial arrangements for the retaliatory attacks.

8. As a consequence, the Mungiki and pro-PNU youth attacked ODM civilian supporters in Nakuru (Nakuru District, Rift Valley Province) and Naivasha (Naivasha District, Rift Valley Province) during the last week of January 2008. During these attacks, the attackers identified ODM supporters by going from door to door and by setting up road blocks for intercepting vehicles, killing over 150 ODM supporters.

9. The violence resulted in more than 1,100 people dead, 3,500 injured, approximately 600,000 victims of forcible displacement, at least hundreds of victims of rape and sexual violence and more than 100,000 properties destroyed in six out of eight of Kenya’s provinces. Many women and girls perceived as supporting the ODM were raped.


[1] This is a coalition of parties including the Kenya African National Union (KANU), Ford-Kenya, Ford-People, Democratic Party and the National Alliance Party of Kenya.

Source: Office of the Prosecutor

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The Epoch Times Marco’t Hoen Aug 29 2010

Kenyan Prime Minister Raila Odinga on Sunday said it was wrong of the country to invite Sudanese President Omar Al-Bashir to the ceremony for the signing of Kenya’s new constitution on Friday.

Odinga was unaware that Bashir had been invited to the ceremony, the Sudan Tribune Reported.

Bashir is wanted for crimes against humanity by the International Criminal Court (ICC) for his role in genocide in Sudan’s Darfur region.

Kenya is a signatory of the ICC and is obligated to arrest Bashir and turn him over to the ICC in The Hague.

When Odinga spoke Sunday at a special prayer service in Nairobi to celebrate the new constitution, he said Bashir’s presence and failure of the Kenyan government to arrest him was wrong, and that Kenya must honor its obligations as a signatory of the Rome Statute and other international agreements.

“We must foster good neighborliness, that is very important and that’s why we invited neighbors to come, but if you have a neighbor who is a witch, you don’t invite them to a party,” the prime minister said, according to the Kenyan based privately owned news company, Capital News.

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AFP Aug 29 2010

Former UN chief Kofi Annan said on Sunday Kenya should clarify its position on the International Criminal Court after it last week hosted Sudan’s Omar al-Bashir, wanted for genocide.

“Like many, I was surprised by the presence of President Al-Bashir of Sudan in Nairobi for the promulgation of Kenya?s new constitution,” Annan said in a statement in his capacity as chair of the Panel of Eminent African Personalities.

“Kenya has specific obligations as a signatory of the Rome statute and is also cooperating with the International Criminal Court on investigations relating to the 2007/8 election violence,” said the text issued in Nairobi.

“In the circumstances, the government should clarify its position and reaffirm its cooperation with and commitment to the ICC,” said Annan, whose team brokered a power-sharing deal between Kenyan President Mwai Kabaki and his former foe turned prime minister Raila Odinga after the 2008 violence.

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