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The cases against President Uhuru Kenyatta, Deputy President Ruto and Journalist Joshua Sang has reached a stage where it should be discontinued.
The cases against 6 Kenyan suspects and withered to 3 accused should not continue owing to reasons well-known to the prosecution. Those in the know have already alerted the prosecution on the reasons that should cause the prosecution to discontinue the cases instead of merely allowing it to continue for the sake of face-saving.
The evidence as known to the prosecution was cooked and witnesses couched on what to say. Some witnesses were offered money and houses of the highest standard before they accepted to testify against the accused persons.
In all these, there is only one person to blame: Mr Ocampo, the man who when he discovered there was no genuine witnesses forthcoming initiated a campaign in his own office, as has been revealed by one of his own prosecutors, to go ahead to prosecute for the sake of saving the court’s name.
Money changed hands and promises of promotions were set in motion. Some were threatened that should they not cooperate, they will be left out of participation to prosecute high level cases in the future. There was also the issue of supporting or not supporting who was to take over as the next Chief Prosecutor after him – Mr Ocampo.
Kenya managed to secure support from willing Nations enabling for the passing of the amendments. The President and the deputy President will now be able to perform their duties as the constitutional demands of them, without interference and interruption from any quarters.
Exclusive Interview: ONE on ONE with the President of the Assembly of States Parties, Ambassador Tiina Intelmann:
Asked whether she has confidence in the ICC Judges and the Chief Prosecutor, Ambassador Intelmann told African Press International that she has confidence in them, adding that should any Member State raise a complaint against any of them, she will not hesitate taking the matter up, with the Assembly of State Parties, in line with the laid down procedures in the Rome Statute and so far no Member State has raised any complaint against their performance.
With the new amendments passed, Kenya is today a proud Nation having had learned minds and qualified negotiators in their delegation that worked in a focused manner on the issues tirelessly with a desire to ensure success. Lobbying was very important and the delegation managed to make friends with some Nations that were considered hostile to the desired amendments. They finally got their support to the amendments as put forward by the working group.
Some of the Members of the Kenya Delegation to the Twelfth Session of the Assembly of States Parties in the Hague between 20th – 28th November 2013:
The brains that made Kenya and the Presidency proud by carrying the day at the negotiation table in securing the necessary amendments that will contribute to Kenya’s stability.
http://www.africanpress.me/ Some of the members of the Kenya Delegation during the Twelfth Session of the Assembly of States Parties held in the Hague from the 20th to 28th of November 2013
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http://www.africanpress.me/ Some of the members of the Kenya Delegation during the Twelfth Session of the Assembly of States Parties held in the Hague from the 20th to 28th of November 2013
The KenyanNGOs who participated during the Session chose to organise many side events that was meant to derail the negotiation process to secure the new amendments. The passing of the amendments was a big blow to them. Their aim was to impress upon Member States delegates to reject any amendments that would allow the two Kenyan leaders, President Kenyatta and Deputy President Ruto to be excused from continuous presence in the court and only be represented by counsel.
On realised that their efforts were fruitless, most of the NGOs packed their things and left the Conference center hurriedly travelling back to home. This may serve as a lesson to them that they should not pork their noses in everything – a lesson that they should, in some cases, put their country first.
By passing the amendments put forward by the African Nations, the West has now realised that Africa is no longer a push-over, lying down and allowing themselves to be dictated to at all times.
Africa’s unity, through the AU, has now educated the West by telling them that they are able and ready to decide their own destiny at all times.
Kenya has emerged victorious at the twelfth session of the Assembly of States Parties by securing amendments to their satisfaction. This means now that President Uhuru Kenyatta and Deputy PresidentWilliam Ruto are not required to appear in the International Criminal Court in person but only represented by Counsel.
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This is good news for African Union who had pushed for the deferral because they did not want to see Kenya’s Commander-in-Chief and President of the Republic of Kenya humiliated, sitting daily in the court instead of serving the people of Kenya.
Today is a celebration for those Kenyans and friends of Kenya who supported the amendments because they do not want the Head of State and his deputy to be humiliated.
However, there are those who are disappointed like the NGOs and some members of the Kenya opposition parties who wanted to see the humiliation of the President and his deputy carried through.
Ambassador Amina Mohamed informed the media that the amendments also allows for the Video link in other cases in the future. She hopes the video link trials can be extended to cover Mr Joshua Arap sang since his case is already ongoing.
When asked if the trial via video link will be extended to Mr Barasa whose warrant of arrest has been issued by the ICC accusing him of confusing witnesses, the Cabinet Secretary stated that there was no discussion in that direction. Mr Barasa, therefore, will have to face the ICC in person to answer the charges if he is exported to the Hague by the Kenyan authorities. He has gone to court to block exportation. Mr Barasa recently told the media that he worked with ICC investigators on witnesses and that they turned against him when he was considered hostile to the needs of the ICC prosecution. Barasa is a Kenyan journalist who has claimed that he was being paid by the prosecution investigators whenever he gave them the help they needed.
Did Mr Barasa break the code of conduct as a journalist in any way?
On 23 and 24 November 2013, the authorities of the Netherlands, France, Belgium and the Democratic Republic of the Congo (DRC) acting pursuant to a warrant of arrest issued by Judge Cuno Tarfusser, the Single Judge of the Pre-Trial Chamber II of the International Criminal Court (ICC), arrested four persons suspected of offences against the administration of justice allegedly committed in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo. This warrant of arrest in respect of the same charges was also served on Jean-Pierre Bemba at the ICC’s detention centre, where he has been detained since 3 July 2008.
On 20 November 2013, Judge Tarfusser issued a warrant of arrest for Jean-Pierre Bemba Gombo, his Lead Counsel Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo (a member of Mr Bemba’s defence team and case manager), Fidèle Babala Wandu (a member of the DRC Parliament and Deputy Secretary General of the Mouvement pour la Libération du Congo), and Narcisse Arido (a Defence witness).
Judge Cuno Tarfusser found that there are reasonable grounds to believe that these persons are criminally responsible for the commission of offences against the administration of justice (article 70 of the Rome Statute) by corruptly influencing witnesses before the ICC and presenting evidence that they knew to be false or forged. The suspects, it is alleged, were part of a network for the purposes of presenting false or forged documents and bribing certain persons to give false testimony in the case against Mr Bemba.
The Belgian authorities arrested Aimé Kilolo Musamba, the Dutch authorities arrested Jean-Jacques Mangenda Kabongo, and Narcisse Arido was arrested by the French authorities, in response to requests for arrest and surrender from the ICC. They will be subsequently surrendered to the ICC in accordance with the judicial procedures applicable in the three countries. Fidèle Babala Wandu was arrested by the authorities of the DRC and is being transferred to The Hague. The date of his first appearance at the ICC will be announced shortly. The authorities also cooperated with the ICC for the purposes of searching locations connected to the suspects. The Single Judge of the Pre-Trial Chamber II further requested the States concerned to locate and freeze the suspects’ assets.
On behalf of the Court, the Registrar of the ICC, Herman von Hebel, expressed his gratitude to the States’ authorities for their cooperation, stating that these are the first arrests made in relation to such charges before the ICC.
The trial of Jean-Pierre Bemba Gombo, the alleged President and Commander-in-Chief of the Mouvement de libération du Congo, started on 22 November 2010, for two counts of crimes against humanity (rape and murder) and three counts of war crimes (rape, murder and pillaging) allegedly committed in the Central African Republic.
On the , 19 November 2013, Trial Chamber II of the International Criminal Court (ICC) scheduled a hearing to deliver the judgment in the case The Prosecutor v. Germain Katanga on Friday, 7 February 2014, at 09:30 (The Hague local time).
Background: Germain Katanga, alleged commander of the Force de résistance patriotique en Ituri [Patriotic Resistance Force in Ituri] (FRPI) is accused of three counts of crimes against humanity (murder, rape and sexual slavery) and seven counts of war crimes (using children under the age of 15 to take active part in the hostilities; directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities; wilful killing; destruction of property; pillaging; sexual slavery and rape). His trial started on 24 November 2009 and final conclusions from parties and participants were heard from 15 to 23 May 2012. Mr Katanga is in the Court’s custody.
The Member of Parliament for Kajiado North constituency Hon. Manje says he does not support immediate pull-out by Kenya from the Rome Statute that established the ICC. The Kenya Parliament is now ready with a bill that if passed and ascended to by the President will free Kenya from the claws of the ICC. This, however, will not take place immediately, but in a year’s time. Any pull-out will not affect the ongoing Kenya cases. He also says the ICC should be critical on the witnesses who are in court with suspect evidence with, most of it, hearsay!
The Cabinet Secretary for mining Hon Najib Balala was at the ICC, Hague to give moral support to Deputy President William Ruto and Journalist Arap Sang who are on trial. API got up with him at the lunch break. President Uhuru Kenyatta es expected to stand trial at the ICC in the coming month of November.
It is, however, not known if the trial will be deferred by the United Nations. Deputy President Ruto got conditional excusal by the appeals court, meaning, it is not a blanket excussal. He has to apply at all times for excusal whenever an emergency necessitates it. He will, therefore has to be in attendance most of the time.
Deputy President William Ruto and Journalist Sang are on trial at the ICC. President Uhuru Kenyatta‘s case is expected to start in the same court on the 12th of November.
Kiambu County Governor William Kabogo and Narok County Governor spoke to African Press International at the ICC in the Hague where the two are at the moment to give moral support to Deputy President and Journalist Sang during their on-going trial.
Ruto‘s trial will adjourn on the 1st of November to give way for the start of President Uhuru Kenyatta‘s case. The trial is expected to start on the 12th of November.
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Leaders visiting ICC:
Kenyan leaders at the Hague (September and October). Different leaders arrive weekly to the Hague. They stay for a week and return home while a new group arrive to take their place.
The Deputy President William Ruto and Journalist Arap Sang together with other Kenyans and Members of Parliament pray at the ICC after the day’s trial proceedings were adjourned to the next day.
Some of the members of parliament:
http://www.africanpress.me/ Kenya Members of Parliament From Left to Right: Hon. Benjamin Washiali, Hon. Mary Emaase Otucho, Hon. Eng. Vincent Musyoka Musau and Hon. Hassan Abdi Dukicha all at the ICC to give moral support to Deputy President Ruto and Journalist Sang during their ongoing trial. 17th, October 2013
Kenya’s Deputy President William Ruto held a press conference today in Movenpick Hotel, Hague where he emphasised that he and President Kenyatta needed to be given time to run the country and hopes the court understands their constitutional obligations.
Mr Ruto told the media that if the court accepts their request not to be present in court at all times during the trial, then they will not see any reason to pursue the request to the United Nations where they want a deferral – having the case suspended until they are out of office.
, The Kenyans meeting Deputy President William Ruto and Journalist Arap Sang at the ICC, the Hague on the 15th of October 2013 at the end of the day’s trial.
The day went on smoothly with the 3rd witness struggling to explain herself when taken to task by Ruto’s lawyer who started her cross-examination.
President Uhuru Kenyatta‘s case seems to be falling apart even before it starts.
Kenyatta: Prosecution Presiding Over An Utterly Corrupt, Dishonest Case:
The defence says they have discovered fault in prosecution witnesses. The witnesses, according to the defence, have colluded and manufactured lies to destroy the image of Mr Kenyatta. They have now asked the court to drop the case altogether.
It now remains to be seen as to what step the court will take before the scheduled date – the 12th November, when Mr Kenyatta’s case is expected to start.
There is no question that the president has the right to request that his trial be put to a stop.
This is happening due to the fact that there are so many witnesses lying under oath, just for the sake of money or promises of a better life in Western capitals. The promises reportedly has been given to some of the witnesses by the NGOs serving foreign powers because that is where they get their income.
This is not a good thing to do because it causes harm to families who are innocent. It has been reported by the Kenyan Standard that “President Uhuru Kenyatta Thursday requested a permanent stay of his trial at the International Criminal Court (ICC) citing abuse of the legal justice process ahead of trial commencement.”
It now remains to be seen if the court will be serious enough to see the problem arising from bribed witnesses and cause the events to be re-examined.
President Kenyatta is scheduled, according to court records, to appear in court on the 12th November this year to answer charges preferred against him following the 2007/2008 election violence in Kenya. President Uhuru Kenyatta has denied the charges.
According to the defence lawyers Steven Kay QC and Gillian Higgins, evidence has been tempered with. They have come out strongly; saying “The Defence is in possession of substantial evidence of a serious, sustained and wide-ranging abuse on the process of the Court carried out by ( i) Prosecution witness OTP-118 and Prosecution intermediary , and ( ii ) Prosecution witnesses O TP-11 and O TP-12.”
The team – defence, – has now requested the court to stop the proceedings or alternatively, that an order is issued giving direction to have “evidential hearing before the start of the trial to determine the issue of abuse of process. ”
African Press International (API) 