Posted on Thursday 1 September 2011 - 12:57
Joyce J. Wangui, AfricaNews reporter in Nairobi, Kenya Photo: William Ruto, Joshua Sang, Henry KosgeiThe confirmation of hearings for the Kenyan suspects of the post-election violence commences today at the International Criminal Court (ICC) at The Hague in The Netherlands. The process will determine whether the six suspects, referred to as the 'Ocampo 6', should stand trial for masterminding the post poll chaos in 2007-08.
This follows an unsuccessful last ditch effort by the Kenyan government to stop the cases before the ICC. The court has denied the government’s appeal to have the cases declared inadmissible after the Appeals Chamber ruled that the matter was properly before the court.
“No legal, factual or procedural error could be discerned in the Pre-Trial Chamber’s decision of 30 May 2011,” said Daniel David Ntanda Nsereko, the presiding judge at the Appeals Chamber said.
Kenyans have been waiting with bated breath for this date, which will determine the fate of the six suspects, two of whom are presidential hopefuls in next year’s polls. Mixed reactions have emerged; with a section of Kenyans supporting the ICC cases while scores of others rooting for a local tribunal.
The hearings are divided into two categories; the first consists of suspended minister and presidential hopeful William Ruto, former industrialization minister Henry Kosgei and radio journalist Joshua Arap Sang. Their hearings commence today at 1.30 pm Netherlands time (2.30pm East African time) and are scheduled to run until September 12.
The second batch consists of Deputy Premier and minister for finance, Uhuru Kenyatta, Head of Public Service Francis Muthaura and former Police Commissioner Mohammed Hussein Ali. The three are due to appear before the ICC on September 21for the confirmation of charges hearings.
The six face charges of crimes against humanity which include murder, deportation, rape, inhumane acts, persecution and torture.
During the hearings, the prosecutors will try to convince the court they have enough evidence against the six to go to trial. Defense lawyers for the suspects had earlier presented a list of 48 witnesses but the court only allowed two witnesses each.
Inadmissibility rejection
The government’s plea to have the cases dropped by the ICC hit a snag two days prior to the start of the confirmation hearings at ICC. The Appeals Chamber intimated that Kenya failed to demonstrate that it has ongoing investigations against the Ocampo Six.
“For the cases to be inadmissible, a national investigation must be ongoing and must cover the same individuals and substantially the same conduct as alleged in the proceedings before the ICC,” explained presiding judge Daniel David Ntanda Nsereko.
The judge further explained that the Appeals Chamber considered that the Pre-Trial Chamber made no error when it found that the Government of Kenya had failed to provide sufficient evidence to substantiate that it was investigating the six suspects for the crimes alleged in the summonses to appear issued for them.
Even as the hearings take off today, the suspects, notably William Ruto, maintain their innocence. Ruto, who Ocampo strongly believes masterminded the chaos in Rift Valley, the epicenter of the violence, terms the accusations as falsehood and has asked Kenyans to continue praying for him.
Kenya was plunged into violence after the disputed December 27, 2007, general elections in which then opposition big-wig Raila Odinga accused Mwai Kibaki (now President) of having rigged the elections.
What started as political riots soon degenerated into an ethnic cleansing in which some 1,300 people were killed and more than 600,000 displaced. Victims of the post poll chaos will be keenly following the proceedings at The Hague and many hope that justice will prevail.
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