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.
IFJ/FAJ affiliate, the Kenya Correspondents Association (KCA), is on Tuesday, 3 December, led hundreds of journalists in peaceful protests against the oppressive clauses of the Kenya Information and Communication Amendment (KICA) Bill.
“We support our affiliate’s stance and all journalists in Kenya,” said IFJ President Jim Boumelha. “This Bill’s draconian provisions are gagging the media. We call on all journalists and press freedom advocate to gather as one to reject the provisions.”
The KCA says the bill, recently passed by Kenya’s National Assembly, provides heavy financial penalties for journalists and media houses which are designed to gag the media and intimidate journalists into not covering stories deemed critical by the government and the ruling elite.
“We stand by all journalists and call on them to mobilize in order to make the protest successful. This Bill is an attempt to undermine freedoms of expression and association in the country and all journalists and media practitioners must refuse that,” said Mohamed Garba, FAJ president.
The International Federation of Journalists (IFJ) and the Federation of African Journalists (FAJ) have recently expressed serious concerns about the intimidation of journalists in Kenya and some provisions of the country’s media bill.
It has provisions for a Communications and Multi-Media Tribunal which will fine journalists up to 5,952 US Dollars if found guilty of writing stories considered in violation of the Act, and a fine of USD 238,095 US Dollars in the event that the tribunal finds them guilty of violation of provisions of the act, largely on stories considered critical of the government.
. The KCA says the Bill, which was forwarded to President Uhuru Kenyatta for assent, has now been returned to the National Assembly by the President but with recommendations which are still unacceptable to the media industry.
According to the KCA, the president only declined to assent to the Bill after protests from stakeholders but has sent it back to the National Assembly with a memorandum that reinforces some of the offensive clauses, including entrenching government control of the media.
“We had consultations with the Parliamentary Committee on Energy and Communications and tabled our recommendation on the Bill but we realize there are forces within the executive who are bent on gagging the media,” said KCA chairman William Oloo Janak.
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?
It now remains to be seen what action the AU will take because it had decided that if deferral is not granted, the AU member states may pull out of the Rome Statute that established the International Criminal Court.
During the vote at the Security Council, 8 countries abstained while only 7 voted for the deferral. To win a vote at the UNSC, one requires to get 9 votes and no veto.
Mr Kenyatta’s case is set to start on February the 5th 2014 while Mr Ruto’s case resumes next week on the 21st November 2013.
There are many analysts now who say there is a possibility that Mr Kenyatta may not turn up when his case starts, Those who want him well, however, fear that if he does not meet up the ICC will issue a warrant of arrest, something many say will not be good for the country. These group is encauraging the president to atten the trial.
Cabinet Secretary for Lands and Housing Charity Ngilu has been censured by Parliament and her fate delivered on the hands of President Kenyatta with a demand to show her the door. Many are asking if it is a witch-hunt against the Cabinet Secretary because of land issues that some leaders want to be swept under the carpet of corruption.
If Ngilu’s actions, as pointed out by the Parliamentary Committee, qualify for her sacking, let the president act, but not for the purposes of aiding another politician to grab her present Cabinet position. The President should not forget that Musalia Mudavadi was his competitor during the last Presidential elections. People do not forget when they are defeated. Giving him a cabinet post now is simply digging his own hole that may work against him in 2017 Presidential elections, unless he does not intend to run for the seat when the time comes.
Mudavadi is one of the leaders who has continuously stated that the ICC trials against President Uhuru Kenyatta and Deputy PresidentWilliam Ruto should continue in the Hague.
Appointing former Deputy Prime Minister, Musalia Mudavadi to the Cabinet in order to win votes in the Bungoma by-election pitting former Cabinet MinistersMusikari Kombo and Moses Watengula – who just recently lost his Senatorial seat by court order) will amount to appeasing the voters of Bungoma. The court determined that the voting that gave Wetangula the Senate seat on the 4th March elections was fraudulent.
Musalia Mudavadi was Uhuru’s competitor during the March 4th Presidential elections and he lost badly. President Uhuru Kenyatta should be firm on such dirty politics of accommodation of a men and women who were rejected by the voters in their own backyards during the last elections.
Recently, on his tour to Western province, one member of Parliament tried to sway the president by asking him to share with Mudavadi the March 4th cow which he won and slaughtered. The president told the Member of Parliament that the cow belonged to all Kenyans and was not there to be shared between him and Mudavadi.
Responding directly to calls by Western leaders for him to share goodies with UDF leaders since it was a partner in the Jubilee government, President Kenyatta said the “cow” belongs to all Kenyans.
According to the Standard media of Kenya this is the way President Kenyatta responded to calls to give Mudavadi a job: “There is something mheshimiwa (Mumias West MP Johnson Naika) said and I want to correct him. He said I have slaughtered a cow and I should ensure I have shared a piece with my brother. I wish to correct him by saying there is no Uhuru’s cow. The cow is for all Kenyans, 40 million of us. There is no cow for an individual. We need to ensure that the government provides services to all Kenyans irrespective of race, religion, tribe or gender,” he said.
The only way for meaningful success and good politics in the country is for the leaders who lost in the last elections to work together with the chosen leadership until the next elections and if they still want leadership, come back and contest.
Mudavadi and others who lost during the last election should, therefore, support President Uhuru Kenyatta and his Deputy President Ruto for now and stop asking for goodies..
The International Criminal Court‘s Trial Chamber V(b) has set the trial’s commencement in the case against President Uhuru Kenyatta to February 5th, 2014. The case was to start on the 12th November 2013.
The trial judges noted that the Defence and the Prosecutor were in agreement on postponing the date.
Mr Kenyatta’s defence team had, on 24th October 2013 requested the Chamber to vacate the initial date which was the 12th November 2013. The Prosecution accepted the date saying that certain factual matters that the defence has raised makes sense and merited further investigation.
While postponing the date, the court expressed deep regret that repeated adjournments of the trial delays justice for all parties involved. The court has urged the parties to speed preparations so that no further postponement are necessitated.
Robin Wanjiru Njenga of class 2013 in Jacobs university in Bremen Germany, whose father is a prominent lawyer in Kenya Mr Njenga Mwangi delivered an excellent valedictorian speech during her graduation. Ms Njenga has now joined the university of Heidelberg where she is taking her masters.
Watching her speak, one can see in her leadership qualities.
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.
African Press International (API) 