Kenya Cornered: The ICC Debacle Unfolds

[Ab-Titchaz]

Mkuu wa Jeshi la Polisi - Brig. Hussein Ali

​

 

[Ab-Titchaz]

Najib Balala - Minister for Tourism

Huyu wanasema aliliambia kabila la wakikuyu kama hawataki kuungana na
wakenya wengine kumlaani Kibaki kwa wizi wa kura, basi wangefanywa
'Lesotho' ya Kenya. Basi jina lenyewe likashika kasi kweli na wakikuyu
wakawa wanaitwa wa-lesotho.
​

 

[Babylon]

Yapo kwa jirani zetu ,mwenzio akinyolewa !!!!!?.

 

[Nyaralego]

Hii listi nyengine nayo....
​

Poll chaos: Who is telling the truth?

by Athman Amran

Seven Cabinet ministers, three Assistant Ministers and several sitting and former MPs are among 219 people who the Kenya National Commission on Human Rights (KNCHR) claims could have had a hand in post-election violence.

But in a cautionary note, KNCHR says it has not concluded that the people mentioned are guilty.

"This is presented in the effort to remain faithful to hundreds of Kenyans who provided this information, which we expect the relevant agencies will further investigate," the KNCHR says.

The report, ‘On the Brink of The Precipice: A Human Rights Account of Kenya’s Post-2007 Election Violence’, also names prominent businessmen, church and youth leaders and groups.Also in the list of the revised edition are a former PC and some police bosses, chiefs and councillors, among others.

Those mentioned adversely include Deputy Prime Minister Uhuru Kenyatta, Cabinet ministers Sally Kosgei (Higher Education), William ole Ntimama (National Heritage) and Najib Balala (Tourism).

We could not reach some Cabinet ministers, assistant ministers, MPs and businesspeople the report mentions adversely. Due to legal reasons, we cannot, therefore, identify them.Uhuru and Dr Kosgei are in court contesting the inclusion of their names in an earlier version of the KNCHR report.

Mrs Elizabeth Ongoro, Nairobi Metropolitan Development Assistant minister, is adversely mentioned.

Police Commissioner Hussein Ali is also listed alongside MPs Chris Okemo (Nambale),Boaz Kaino (Marakwet West), Omondi Anyanga (Nyatike) and Fred Kapondi (Mt Elgon). Maj-Gen Ali said he will issue a statement next week to respond to the claims by KNCHR.

Also named are former Roads minister Kipkalya Kones, former Assistant minister Lorna Laboso and MP David Kimutai (Ainamoi), who all died last year.

The list was released on Friday by KNCHR at a Nairobi hotel to discuss whether post-election suspects should be tried at the International Criminal Court (ICC) or at a special tribunal.

The Standard | Online Edition :: Poll chaos: Who is telling the truth?

​

Mkuu ABT...thank you...I was a little scared to mention people like RUTO and OLE NTIMAMA before coz...we all know this forum has everybody looking into it...I am not surprised at all by the names on the list...
they need to face the music...

 

[Ab-Titchaz]

Mkuu ABT...thank you...I was a little scared to mention people like RUTO and OLE NTIMAMA before coz...we all know this forum has everybody looking into it...I am not surprised at all by the names on the list...
they need to face the music...

Nyaralego,

as it is, hawa watu wanafahamika ni kina nani na hamna haja kuogopa
kuwataja.KNHCR waliona Ocampo atauweka usiku kwa kuyatia majina
kapuni na nd'o maana wakatoa listi yao. Those names will also appear on
the list at the Hague and those trying to defend themselves are simply
wasting their time.

That GCG thing that was formed after the elections is really starting to
look like a joke maana when the dust settles there will be very many
casualties on both sides to even be a semblance of a govt.

kazi ipo.

 

[Kabuche1977]

They deserve to be punished (hanged if possible)-------they are tyrants!!! whoever's involved in mass killings means he/she has committed genocide and the penalty is death.






Rom

 

[Smatta]

Najib Balala - Minister for Tourism

Huyu wanasema aliliambia kabila la wakikuyu kama hawataki kuungana na
wakenya wengine kumlaani Kibaki kwa wizi wa kura, basi wangefanywa
'Lesotho' ya Kenya. Basi jina lenyewe likashika kasi kweli na wakikuyu
wakawa wanaitwa wa-lesotho.
​

Hili neno 'Lesotho' limeshika kinyama ( I didnt know the origin though, thanks AB), kwanza ukiingia mashada utashangaa. Ukabila ulianza kusambazwa na Moi na sasa ime kita mizizi kinyama nchini, We cant wish tribalism away as much as we wish we could... Tunafaa kumfwata bwana Kagame atuonyeshe jinsi ya kutawala a polarised country.

 

[Ab-Titchaz]

Hili neno 'Lesotho' limeshika kinyama ( I didnt know the origin though, thanks AB), kwanza ukiingia mashada utashangaa. Ukabila ulianza kusambazwa na Moi na sasa ime kita mizizi kinyama nchini, We cant wish tribalism away as much as we wish we could... Tunafaa kumfwata bwana Kagame atuonyeshe jinsi ya kutawala a polarised country.

Sema Smatta,

habari ya weekendi?

Huyu bwana ndiye aliyeanzisha neno Lesotho na 'limebamba' ile mbaya.
Mashada bado wanatukanana tu?..the last time nilikua huko was after the
elections and then the site went down to cool tempers. Never been back
since then.

Meanwhile, I believe mkoloni ndiye aliyeanzisha ukabila na ile kitu ya
'Divide and Rule' policy if you remeber your history well. What has failed
African leaders Kenya included is the notion of trying to govern your
people with a constitution that was drafted by your coloniser. It just beats
the whole purpose of being 'independent'.

 

[Smatta]

Sema Smatta,

habari ya weekendi?

Huyu bwana ndiye aliyeanzisha neno Lesotho na 'limebamba' ile mbaya.
Mashada bado wanatukanana tu?..the last time nilikua huko was after the
elections and then the site went down to cool tempers. Never been back
since then.

Meanwhile, I believe mkoloni ndiye aliyeanzisha ukabila na ile kitu ya
'Divide and Rule' policy if you remeber your history well. What has failed
African leaders Kenya included is the notion of trying to govern your
people with a constitution that was drafted by your coloniser. It just beats
the whole purpose of being 'independent'.

Weekendi ilikuwa poa sana.
Ndio, wakoloni wali tu divide in tribal groups for their own benefit. Lakini as it has been said time and again, we cant blame the cracker for all our wrongs, we have played this colonial card every time we have problems in our countries. Do you know that with proper legislation and will from the rulling class, small issues like tribalism, militias, endemic droughts and diseases can be history?

As much as I would like to blame the colonial goverments for most of Africans problems, the real cause of our problems is the leadership in most of our countries, and the constitution which governs us.

 

[kanjoo]

shame shame kenya..... aibu kubwa iii ..... but watu waende Hague.....

 

[M-Joka]

ICC haina meno, wameshindwa kufanya lolote pale Africa ilipotangaza hawatamkamata Bashir wa Sudan japo wanatakiwa kumkamata akitembelea nchi zao kwa mujibu wa sheria za ICC kwa walio saini kujiingiza.

Wa Magharibiri, walioshikilia hii ICC, wanajua maana ya usawa mbele ya sheria, sidhani watadiriki kumkamata muafrika mwingine yeyote, wameshindwa kushinikia Bashir akamatwe. Watakua ndumilakuwili, wanafiki, weak.

Wa Magharibi wanajua usawa!!!, usawa mbele ya sheria!!! don't put this notion please.

Tuzungumzie ya Kenya tu ambayo sote tunapenda kuona haki inatendeka kwa roho zile zilizopotea bure. Na vile vile kuwaonya chama tawala katika nchi yetu, CCM kuwa wawe fair, kuondosha tensions wanazozipalilia ambazo zinaweza kupelekea Zanzibar kutokea kama yale yaliyotokea Kenya. Mwenyezi Mungu atunusuru, inshaAllah.

Wa Magharibi!!! No, No, No. Mbona Bush, Cheney na Neocon. cronies wao bado wanakula kuku kwa mrija tu. Hebu jitafutie habari ya yaliyo/yanayotokea Ghazza wewe uchefukwe na roho yako kama ina japo chembe ya ubinadamu, na perpetrators wanajulikana fika, lakini ndio kwanzaaaa wanatafutiwa tunzo gani ili wapewe. Hivi huyu Ocampo hayaoni haya. Ban Ki Mun hayajui haya. Unafiki wao unawafanya waone sawa kutumia notion kama vile eti "Both sides" zimecommit crimes. "Both sides ???!!!" Isn't this idiotic hypocrisy?

Wa Magharibi ???!!! fungua macho ndugu yangu. Wacha tushghulikie mambo yetu kwa haki na usawa, lakini Wa Magharibi ndio wanaonuka unafiki na ndio wanao-transmit unafiki kwa wapumbavu miongoni mwetu ambao hawaangalii fine line katika wanayoyapokea kielimu, kisiasa, kiuchumi, n.k, n.k kutokea huko Magharibi.

Natoa hoja

 

[Junius]

BAHASHA YA ANAN KWA OCAMPO, MAWAZIRI 7 TUMBO JOTO KENYA.
Wakikutana na waandishi habari siku ya Ijuma tume ya serekali ya Haki za Binadam inadai kuna mawaziri saba na wasaidizi watatu wa mawaziri walohusika na ghasia hizo za uchaguzi hapo mwaka jana.
Kwa ujumla tume imesema kuna watu wasopungua 215 walohusika na ghasia hizo moja kwa moja na baadhi yao ni maafisa waserekali. Ingawa tume hiyo ya serekali haikutowa hadharani majina ya mawaziri wanaohusika na ghasia hizo, kuna madai mjini Nairobi kwamba jina la kamishna mkuu wa polisi nchini Kenya Meja Jenerali Hussein Ali limo kwenye orodha ya washukiwa wa ghasia hizo.
Lakini kulingana na mwenyekiti wa tume hiyo Bi Florence Jaoko, majina ya washukiwa yaliyotolewa na tume hiyo hayana maana wanaushahidi wa kutosha kuhusu kuhusika kwao na ghasia hizo lakini wanapendekeza kuchunguzwa zaidi kwa majina hayo.


source:VOA



Hapa naona anatafutwa mwepesi, kumtaja Meja Jenerali Husein Ali na kumwacha Kibaki na Oginga(masterminders of the whole play) ni kama uonevu na kumtoa kafara mtu alieitikia agizo la Mkuu wake tu, haya ndo yale ya Mramba na Yona wamekwenda, Mkapa aliyewatuma kwa maagizo kabisa hayumo.Afrika!!!!

 

[Rutashubanyuma]

[h=1]ICC blocks Ruto from coming home
[/h]
Updated 11 hr(s) 22 min(s) ago

By Evelyn Kwamboka


The International Criminal Court (ICC) has rejected an application by Eldoret North MP William Ruto to be exempted from attending the whole proceedings for the confirmation of charges. Mr Ruto, who wanted to return home to attend to an “important personal matter” would now have to stay at The Hague for 12 days.
ICC spokesman Faadi El-Abdalla said the Pre-Trial Chamber under Lady Justice Ekaterina Trendafilova made the decision. Ruto left on Tuesday for the hearing.
“Only Ruto had made the application. The other two have not filed anything,” he told The Standard.
Ruto wanted the court to waive his right to be present at the whole hearing. The MP’s lawyers will Thursday from 3.30pm Kenyan time begin making submissions at the confirmation of charges hearing.
The lawyers are expected to first give their observations on admissibility, jurisdiction, and procedural matters before the ICC Prosecutor Louis Moreno-Ocampo presents his evidence.
They have been preparing for the last five months to challenge Moreno-Ocampo’s evidence against their client to free them from allegations of crimes against humanity.
It is on this third day that Moreno-Ocampo is expected to tell the court how Ruto, Tinderet MP Henry Kosgey, and radio presenter Joshua arap Sang are liable for the alleged crimes committed in Rift Valley.
The suspects’ evidence will start coming on September 3 at 7.30pm, when Ruto’s first witness takes the stand.
Kenyans will have a chance to hear the witness’s evidence. The witness along with others are expected to use pseudonyms or codes for security purposes.
ICC spokesman said the court session would be open unless ordered otherwise.
“The proceedings can be followed with a 30 minute delay,” he said. The 30 minutes delay is to enable the court to edit confidential information such as a witness’s identity.
From September 6, hearing on confirmation of charges against Kosgey will kick off, as Sang’s team prepares to take the stand from September 9 to 10. Moreno-Ocampo will question the defence witnesses.

 

[Rutashubanyuma]

Ruto be serious..................there is no important family matter beyond criminal indictment...........................

 

[Julius Kaisari]

Ruto be serious..................there is no important family matter beyond criminal indictment...........................

<br />
<br />
Mkuu Ruta,,hii ndo nafasi pekee ya Odinga kuukwaa urais Kenya. Otherwise ngoma nzito.

 

[Ab-Titchaz]

Ngoma hio wakuu...

http://livestream.xs4all.nl/icc1.asx

 

[ndimuchumvi]

&lt;br /&gt;<br />
&lt;br /&gt;<br />
Mkuu Ruta,,hii ndo nafasi pekee ya Odinga kuukwaa urais Kenya. Otherwise ngoma nzito.

<br />
<br />
Hana lolote huyo ni power seeker at expense of kenyans.his days are numbered

 

[Butola]

Confirmation Hearings against Mr. Rutto, Henry Kosgel, and Arap Sang Live from The Haque in CITIZENS TV.

 

[Rutashubanyuma]

Defence teams hint on how they plan to demolish Ocampo's evidence


Updated 10 hr(s) 13 min(s) ago
By Evelyne Kwamboka at The Hague and Wahome Thuku in Nairobi
Confirmation hearings on the crimes against humanity charges Prosecutor Luis Moreno-Ocampo seeks to prefer against three Kenyans took off on a heavy and yet serious tone.
Throughout the proceedings that ran for close to seven hours, with breaks, the defence, victims’, prosecutorial and the judicial benches showed the 11-day process would not only be electrifying to Kenyans, but all the four sides to it won’t be mincing words and intend to give their best to the case before them.

Eldoret North MP William Ruto (second left) and radio presenter Joshua Sang (right) arrive on Thursday at the International Criminal Court, at The Hague, Netherlands, for the confirmation hearings of their charges. [PHOTO: EVANS HABIL/ STANDARD]

On Tuesday, the defence teams for Eldoret MP William Ruto, Tinderet MP Henry Kosgey and Kass FM’s head of operations Joshua arap Sang tore into the investigations Moreno-Ocampo claims to have carried out on the Kenya case.
It also emerged that the linchpin the defence has taken will not only be discrediting of Moreno-Ocampo’s investigations, but also challenge of International Criminal Court’s jurisdiction over the Kenya case.
Heat on ocampo
The defence will also be turning the heat on Moreno-Ocampo over what it has consistently accused him of not having done –investigating the other side of the account.
They will also seek to combat the Prosecutor’s argument that their clients had a common agenda and acted from the script of an organisational policy.
The defence team will be asking the court to look at the definitions of groups and organisational policy as spelt out in the law and to apply them strictly.
Despite reminders that Tuesday’s proceedings were for the lawyers to address issues touching on admissibility and procedure, the lawyers appeared too eager to discredit Moreno-Ocampo’s evidence.
He watched as lawyers David Hooper, George Oraro, and Kigen Katwa tore into his allegations.
These are the lawyers who have been burning the mid-night oil since Moreno-Ocampo released the document containing charges against their clients by pointing out contradicting information filed by the Prosecutor at the court’s registry.
When he took the stand to address the court, Ocampo defended the allegations on grounds that his office has evidence showing Ruto, Kosgey, and Sang organised the attacks that left several people dead and others injured.
Hooper, who represents Ruto, said Ocampo had filed in court slanted evidence, adding that had he gone to the Rift Valley to investigate, he would have found evidence exonerating his client.
They now want the court to exercise its jurisdiction and dismiss the allegations by Ocampo, on grounds that he presented contradictory evidence to the court, and did not investigate before framing the allegations.
The court was told Ruto tried presenting himself to the prosecutor to give his side of the story, but he "ran away".
Katwa argued the defence refutes any suggestion that Ruto or any associate personally provided weapons, telephones, fuel or transport for attacks, or of having used his personal funds to sponsor criminal activity.
"The Defence notes that the Prosecution relies on anonymous witnesses only in support of these allegations. It has failed to produce any tangible evidence, such as pictures, transaction or purchase receipts notwithstanding that the collection of such evidence should be within the Prosecution’s investigative ability, if it in fact exists," he told the court.
The defence teams asked the court to reconsider what it has earlier ruled that it has power under the Rome Statute to hear the Kenya case.
Jurisdiction
Katwa accused Ocampo of having failed to comply with Article 54 of the Rome Statue to investigate the exonerating evidence. Oraro, representing Kosgey, said the question of jurisdiction of the court was central to their case.
In the coming days the defence team will be revisiting in details of whether the charges leveled against their clients meet the threshold of the Rome Statute.
And they will be pushing the Chamber to hold that the national courts should deal with the charges of this nature.
Article 7 lists several acts, which constitute crimes against humanity when committed as part of a widespread or systematic attack directed against any civilian population.
The Article further defines such attack as a course of conduct involving the multiple commissions of the listed acts, pursuant to or in furtherance of a State or organisational policy.
The court has previously considered that line of submissions and ruled that there was organisational policy in the attacks and hence it had jurisdiction to handle the case.
Indeed the presiding judge Justice Ekaterina Trendafilova reminded Oraro that much of the issues he dealt in his submissions were on the main thrust of the case rather than on the procedural aspects.
Kosgey filed his motion on August 30, challenging the jurisdiction of the court.
Oraro submitted at length on the legal position of organisational policy.
While the defence intends to differ with the majority ruling in the Pre-trial Chamber II, they will be relying heavily on the dissenting ruling by one of the judges who disagreed there was an organisational policy to Kenya’s post-election violence.
"This is the first opportunity to raise the issue of jurisdiction in this court, and we ask the court to reconsider earlier parameters in determining the issues," Katwa submitted.
He said defence presentations had not been taken on board when the court made the earlier ruling on jurisdiction, and should reconsider the position taking on board the emerging arguments.
"You have now two sets of facts one by the Prosecutor after conducting investigations and after purporting to have conducted the alternative investigations, and the second which is presented by the defence," argued Katwa despite being restrained several times not to go into the merits of his client’s case.
Article 54 (a) requires that in order to establish the truth, the Prosecutor shall extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally.
The truth
"This Article requires the prosecutor to take proactive role," Katwa submitted, adding the Prosecutor ran away from opportunity to know the truth.
Katwa also questioned the alleged existence of the Sh2.1 billion to facilitate the commission of the acts.
The test, he said would be to consider whether that kind of money existed either in cash or in bank account.
"If the Prosecutor investigated, he would have provided the court with the evidence and in absence of it you should not confirm the charges," Katwa said.
Katwa will also be attacking what he pointed out as contradictions of facts and figures in the charges particularly on the numbers of people killed, maimed or displaced.
He argued that the suspects were not in command of a group as claimed since in the elections they did not get 100 per cent of the votes in their constituencies.

Some of the questions he wants the court to look at are who were the actual communities targeted or the groups.
The judge reminded him that he should stick to the schedule and deal with observations on the procedural matters and jurisdiction of the court.
The ODM and the Kalenjin quoted as the group had not been created or initiated for violence furtherance, he further argued.
He said there were no transcripts to show that Sang invited anyone to attack civilians. "And there is no place called Nandi Hill town in Uasin Gishu District," he added. He urged the court to consider the geographical perimeters.
He further pointed out that Party of National Unity, as a political party, did not exist at the time the suspects are said to have attacked its supporters.
He said Kenya was not a country to fall into the proceedings of the ICC as it had an effective police, judiciary, media and legal system.
After the confirmation hearings for the three, which began on Thursday and will run for 11 days, with an extra day in case it would be needed, the judges will have 60 days to deliver their ruling during which they can decline or confirm either all or some of the charges.

 

[furahi]

Naomba mifahamishe inakuwaje Odinga ambaye ndiye kiongozi wa ODM hakushtakiwa, coz inaonyesha hao walioshitakiwa ni ODM members. Sikuwa nafwatilia sana from the begining ila jana nilikuwa interested walipokuwa wanaonyesha live on Citizen TV from Hague