jmushi1
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Kama katiba yao mpya inaruhusu hiyo petition aliyozungumzia Abtichaz, basi hiyo ni strength, unless kama rais anaweza kuveto ama kui trump hiyo petition.
ICC confirms charges against 4 of the Ocampo 6.
ICC confirms charges against 4 of the Ocampo 6.
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Kabaridi
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- Nov 15, 2011
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Mkuu changanya na hii statement ya Attorney General kisha unapata picha kamili ya hawa mabwana wanaotaka kuifanya Kenya kama personal property yao...
Uhuru, Muthaura to stay in office, says AGBy EMMANUEL ONYANGO
Posted Tuesday, January 24 2012 at 10:41
Finance Minister Uhuru Kenyatta and Head of Civil Service Francis Muthaura will not be asked to resign despite a ruling by the International Criminal Court confirming charges against them, Attorney General Githu Muigai has said.
The AG reasoned that the two suspects, accused of perpetrating crimes against humanity, are charged in their "individual capacity".
He said the government will await the result of their appeals before determining whether to dismiss the duo from office.
"The suspects are appearing in their individual capacity. The Government can not speak on their behalf on what to do and what not to do," said Mr Muigai.
The suspects must submit an appeal against the ruling within five calendar days from Monday. The appeal will then be determined within 60 days.
The Attorney General also unveiled a 10-man panel to advice Government on the ruling by the ICC Judges confirming charges on four out of six Kenyan suspects.
The panel is composed of Jeffrey Nice, Rodgers Dixon, Godfrey Musila, Fred Ojiambo, Joe Olwach, Waweru Gatonye, Betty Murungi, Lucy Gambuni, Grace Wakil and Henry Mutahi.
The panel will also revive the Government's initially unsuccessful efforts to question the jurisdiction of the ICC on the Kenyan cases.
Vice President Kalonzo Musyoka had been the face of a similar effort last year in a spate of shuttle diplomacy to mobilise the African Union to support Kenya's push to have the cases tried locally. The initiative came to a cropper.
MORE TO FOLLOW:
Uhuru, Muthaura to stay in office, says AG*- News*|nation.co.ke
My friend , do you see the way impunity fights back?! whatever this disappointed AG says from now on is even palpable. BTW, closely looking at the pre-trial chamber sessions last year, you would understand why Henry Kosgey and Mohammed Ali Hussein charges were temporarily dropped from the full hearing. Ruto!!! end of the road!!! UK!!! as well end of the road!!! That may only mean one thing for Raila, but having a real fried is difficult. Mudavadi wants to stand against his party leader.
Too late for kalonzo to push AU to try cases locally they have had all the time for the Kenyan judiciary to try the cases locally but they have been busy campaigning for their presidential ambitions. Aha, mbivu na mbichi itajulikana once the hearing concludes
Kabaridi
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Hi there, would you let justice take its course. who do you want to take responsibility for the actions of igniters of violence??
Askari Kanzu
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Ocampo will not appeal Kosgey, Ali acquittals
Posted by ROB JILLO on January 24, 2012
ICC prosecutor Luis Moreno- Ocampo/FILE
THE HAGUE, Jan 24 – International Criminal Court (ICC) Prosecutor Luis Moreno Ocampo on Tuesday said he will not appeal the decision by the Pre-Trial Chamber to reject charges against Henry Kosgey and Hussein Ali.
Ocampo, who was reacting to Monday's decision that saw four other suspects committed to stand trial for crimes against humanity, said appeals would delay the speedy conclusion of the cases.
"We will keep investigating Kosgey and the activities of the police as well as crimes allegedly committed in Kibera and Kisumu. We will not appeal the decision," Ocampo said at his press briefing in The Hague.
On the issue of William Ruto and Uhuru Kenyatta's quest to seek the presidency, Ocampo said it was up to Kenyans to decide their fate.
"I have no mandate on the national issue," he said. "It is in the hands of Kenyans themselves to solve the problems in Kenya. Kenya must decide on the candidates for the upcoming election and seize the opportunity to discuss the way forward and invest in the future."
The prosecutor also said an appeal by Kenyatta, Ruto, Francis Muthaura and Joshua arap Sang would delay the trial process.
"The appeal process will delay trial, some people will be disappointed but we respect their right to appeal," the prosecutor said.
He also allayed fears that the accused may be detained saying as long as they comply with the judges' conditions, they will enjoy their liberty.
"The judges confirmed the conditions and suspects would be free even during the trial," he said.
At the same time, Ocampo reiterated that delicate steps had been taken to ensure the safety of prosecution witnesses, none of whom was still resident in Kenya.
"We don't have witnesses in Kenya but there are victims," he said.
The ICC Pre-Trial Chamber on Monday confirmed charges of crimes against humanity for Uhuru Kenyatta, Francis Muthaura, William Ruto and Joshua arap Sang.
The three-judge bench however dropped charges against Kosgey and Ali after it found the prosecution's evidence insufficient to go to trial. The prosecutor praised Kenya's co-operation with the court, saying it was showing the world "a new standard how to handle conflict differently."
Capital FM
Posted by ROB JILLO on January 24, 2012
ICC prosecutor Luis Moreno- Ocampo/FILE
THE HAGUE, Jan 24 – International Criminal Court (ICC) Prosecutor Luis Moreno Ocampo on Tuesday said he will not appeal the decision by the Pre-Trial Chamber to reject charges against Henry Kosgey and Hussein Ali.
Ocampo, who was reacting to Monday's decision that saw four other suspects committed to stand trial for crimes against humanity, said appeals would delay the speedy conclusion of the cases.
"We will keep investigating Kosgey and the activities of the police as well as crimes allegedly committed in Kibera and Kisumu. We will not appeal the decision," Ocampo said at his press briefing in The Hague.
On the issue of William Ruto and Uhuru Kenyatta's quest to seek the presidency, Ocampo said it was up to Kenyans to decide their fate.
"I have no mandate on the national issue," he said. "It is in the hands of Kenyans themselves to solve the problems in Kenya. Kenya must decide on the candidates for the upcoming election and seize the opportunity to discuss the way forward and invest in the future."
The prosecutor also said an appeal by Kenyatta, Ruto, Francis Muthaura and Joshua arap Sang would delay the trial process.
"The appeal process will delay trial, some people will be disappointed but we respect their right to appeal," the prosecutor said.
He also allayed fears that the accused may be detained saying as long as they comply with the judges' conditions, they will enjoy their liberty.
"The judges confirmed the conditions and suspects would be free even during the trial," he said.
At the same time, Ocampo reiterated that delicate steps had been taken to ensure the safety of prosecution witnesses, none of whom was still resident in Kenya.
"We don't have witnesses in Kenya but there are victims," he said.
The ICC Pre-Trial Chamber on Monday confirmed charges of crimes against humanity for Uhuru Kenyatta, Francis Muthaura, William Ruto and Joshua arap Sang.
The three-judge bench however dropped charges against Kosgey and Ali after it found the prosecution's evidence insufficient to go to trial. The prosecutor praised Kenya's co-operation with the court, saying it was showing the world "a new standard how to handle conflict differently."
Capital FM
Askari Kanzu
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Press conference by ICC Prosecutor, 24 January 2012
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Geza Ulole
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ICC Judges say State House hosted Mungiki
Published on
By Standard Team
It is now official � The Hague judges are convinced President Kibaki had a meeting with Mungiki members at State House alongside the two members of his Government committed to full trial.
Furthermore, it is on the basis of this fact sold to the judges by Prosecutor Luis Moreno-Ocampo that the Pre-Trial Chamber II declined to believe the personal statement the President gave the court in defence of Head of Civil Service and Secretarty to the Cabinet Francis Muthaura.
President Kibaki. ICC judges ignored his statement on Uhuru, Muthaura as they believe he too was in State House meeting with Mungiki [Photo: File/Standard]
The President�s statement, footnoted as No.585, was given to ICC to discount the claims by the Prosecutor�s witnesses that two meetings were held at State House between Muthaura and Deputy Prime Minister Uhuru Kenyatta, whose charges were also confirmed with Mungiki.
The President denied the two meetings, the second said to have been on December 30, 2007, took place at State House when the Prosecutor made the claims during the confirmation of charges hearings, last year.
The judges used the two meetings to anchor the charges against Uhuru and Muthaura. Another meeting was said to have taken place at Nairobi Club, where the statement by its head David Waters was also dismissed as it merely showed on that night there were only 16 guests in the club, but does not give their particulars.
Cast aspersions
However, the references to the meetings, which may cast aspersions on the President�s impartiality when it comes to making hard decisions on Uhuru and Muthaura, were also made by the report on post-election violence compiled by a judicial commission presided over by Justice Phillip Waki.
It also sets the stage for the possibility that if the appeals to be filed by the two are thrown out, the President�s State House may feature during the subsequent trials expected to go on even when he will be in retirement after the General Election.
Another complication that may arise from this link to the President may accrue from the fact that the State is preparing to start local trials for minor offenders in post-election violence, estimated at 5,000, with the Attorney General already asking the Chief Justice to set up a special court for international crimes committed in Kenya.
The determination of who will be charged in this lower-level cases may be a subject of confrontation between the two coalition partners, a fact which could bring into play the accusation that President Kibaki sat in one of the meetings with Mungiki accused of killings in Rift Valley. The alleged plot was aimed at keeping him in power and avenging murder of members of his community in the Rift Valley.
Depressing news
The news, which must be depressing to the President who last evening was facing mounting pressure to release Uhuru and Muthaura, who are still serving in Government despite his previous acknowledgement that those whose charges would be confirmed would have to step aside.
Indeed the Orange Democratic Movement, whose members William Ruto and Henry Kosgey left the Cabinet after they were beset by court cases, tabled an agreement between President Kibaki and Prime Minister Raila Odinga on the removal from Government of those whose charges ICC would confirm.
ODM was incensed when Attorney General Githu Muigai, who they accused of playing politics and applying double standards, announced he would not advise the President to force the two out of Government until the appeal against the confirmation of charges on Monday was exhausted.
However, the President�s word in favour of Muthaura and Uhuru at ICC seemed to have fallen on deaf ears. The court also dismissed the statement by National Intelligence Service Director Maj-Gen Michael Gichangi that if such a meeting had taken place, the NSIS or him would have known.
The judges argued even when Uhuru�s witness, Kabete MP Lewis Nguyai confirmed his links with Mungiki, the intelligence service never made mention of it.
There was another complication, showing the judges chose to take not only the President�s word with a pinch of salt, but that of his officers as well. A list of names of people who went to State House on the day of the meeting included Maina Kangethe Diambo, said to be a high-profile Mungiki adherent.
Worse still for the President�s men, the list given by his former State Comptroller Hyslop Ipu also came with the officer�s own admission that not all the people who entered State House that day were listed.
Mungiki members
This opened the door for conclusion by the judges that it must be true that the so-called �youths� who were introduced to the President by Muthaura in the presence of Uhuru on November 26, 2007, were in fact Mungiki members.
The seriousness of the claims as considered by the judges lay in the fact that three witnesses confirmed the meetings took place. One of them, who attended both meetings at State House and the Nairobi Club where the reprisal attacks in Naivasha and Nakuru were allegedly plotted, has his name blacked out in all references to him in fuller version of the ruling.
The President�s evidence were also discounted alongside the statement considered speculative and unreliable given by Government Spokesman Alfred Mutua, and Michael Kagika, a State House administrator whom the judges considered too junior to be relied upon on a matter involving the President and his guests. They also noted he only turned up at State House at noon.
"In particular, the Chamber is satisfied that there are substantial grounds to believe that on November 26, 2007, a meeting was held at Nairobi State House between Muthaura, Kenyatta, Mungiki representatives, President Mwai Kibaki, and others,�� read Paragraph 310 of the ruling.
In another paragraph the judges argued that both Kibaki and Ipu, "confirmed their participation on that day in the meeting with the representatives of the youth, but denied the presence of the Mungiki therein." They listed the head of Presidential Press Service Isaiya Kabira and the then Presidential advisor Stanley Murage as also having attended the meeting.
Speaking on the fate of Uhuru and Muthaura, Muigai said: "As far as we are concerned at this point in time, this issue is premature. Our understanding is that the confirmations have been made and they are going to appeal. So in our understanding we cannot make any precipitate decision."
He appointed a ten member-team made up of local and international legal experts to advise the Government on the options available in the ICC case.
Those in the legal team are Mr Geoffrey Nice, a Queen�s Counsel of London, Mr Rodney Dixon a Barrister of London, and Senior Counsel Fred Ojiambo, Joe Okwach, and Waweru Gatonye, and International law experts Godfrey Musila, Betty Murungi, Lucy Kambuni, Grace Wakio and Henry Mutai.
The Standard Online | printer friendly version
Published on
By Standard Team
It is now official � The Hague judges are convinced President Kibaki had a meeting with Mungiki members at State House alongside the two members of his Government committed to full trial.
Furthermore, it is on the basis of this fact sold to the judges by Prosecutor Luis Moreno-Ocampo that the Pre-Trial Chamber II declined to believe the personal statement the President gave the court in defence of Head of Civil Service and Secretarty to the Cabinet Francis Muthaura.
President Kibaki. ICC judges ignored his statement on Uhuru, Muthaura as they believe he too was in State House meeting with Mungiki [Photo: File/Standard]
The President�s statement, footnoted as No.585, was given to ICC to discount the claims by the Prosecutor�s witnesses that two meetings were held at State House between Muthaura and Deputy Prime Minister Uhuru Kenyatta, whose charges were also confirmed with Mungiki.
The President denied the two meetings, the second said to have been on December 30, 2007, took place at State House when the Prosecutor made the claims during the confirmation of charges hearings, last year.
The judges used the two meetings to anchor the charges against Uhuru and Muthaura. Another meeting was said to have taken place at Nairobi Club, where the statement by its head David Waters was also dismissed as it merely showed on that night there were only 16 guests in the club, but does not give their particulars.
Cast aspersions
However, the references to the meetings, which may cast aspersions on the President�s impartiality when it comes to making hard decisions on Uhuru and Muthaura, were also made by the report on post-election violence compiled by a judicial commission presided over by Justice Phillip Waki.
It also sets the stage for the possibility that if the appeals to be filed by the two are thrown out, the President�s State House may feature during the subsequent trials expected to go on even when he will be in retirement after the General Election.
Another complication that may arise from this link to the President may accrue from the fact that the State is preparing to start local trials for minor offenders in post-election violence, estimated at 5,000, with the Attorney General already asking the Chief Justice to set up a special court for international crimes committed in Kenya.
The determination of who will be charged in this lower-level cases may be a subject of confrontation between the two coalition partners, a fact which could bring into play the accusation that President Kibaki sat in one of the meetings with Mungiki accused of killings in Rift Valley. The alleged plot was aimed at keeping him in power and avenging murder of members of his community in the Rift Valley.
Depressing news
The news, which must be depressing to the President who last evening was facing mounting pressure to release Uhuru and Muthaura, who are still serving in Government despite his previous acknowledgement that those whose charges would be confirmed would have to step aside.
Indeed the Orange Democratic Movement, whose members William Ruto and Henry Kosgey left the Cabinet after they were beset by court cases, tabled an agreement between President Kibaki and Prime Minister Raila Odinga on the removal from Government of those whose charges ICC would confirm.
ODM was incensed when Attorney General Githu Muigai, who they accused of playing politics and applying double standards, announced he would not advise the President to force the two out of Government until the appeal against the confirmation of charges on Monday was exhausted.
However, the President�s word in favour of Muthaura and Uhuru at ICC seemed to have fallen on deaf ears. The court also dismissed the statement by National Intelligence Service Director Maj-Gen Michael Gichangi that if such a meeting had taken place, the NSIS or him would have known.
The judges argued even when Uhuru�s witness, Kabete MP Lewis Nguyai confirmed his links with Mungiki, the intelligence service never made mention of it.
There was another complication, showing the judges chose to take not only the President�s word with a pinch of salt, but that of his officers as well. A list of names of people who went to State House on the day of the meeting included Maina Kangethe Diambo, said to be a high-profile Mungiki adherent.
Worse still for the President�s men, the list given by his former State Comptroller Hyslop Ipu also came with the officer�s own admission that not all the people who entered State House that day were listed.
Mungiki members
This opened the door for conclusion by the judges that it must be true that the so-called �youths� who were introduced to the President by Muthaura in the presence of Uhuru on November 26, 2007, were in fact Mungiki members.
The seriousness of the claims as considered by the judges lay in the fact that three witnesses confirmed the meetings took place. One of them, who attended both meetings at State House and the Nairobi Club where the reprisal attacks in Naivasha and Nakuru were allegedly plotted, has his name blacked out in all references to him in fuller version of the ruling.
The President�s evidence were also discounted alongside the statement considered speculative and unreliable given by Government Spokesman Alfred Mutua, and Michael Kagika, a State House administrator whom the judges considered too junior to be relied upon on a matter involving the President and his guests. They also noted he only turned up at State House at noon.
"In particular, the Chamber is satisfied that there are substantial grounds to believe that on November 26, 2007, a meeting was held at Nairobi State House between Muthaura, Kenyatta, Mungiki representatives, President Mwai Kibaki, and others,�� read Paragraph 310 of the ruling.
In another paragraph the judges argued that both Kibaki and Ipu, "confirmed their participation on that day in the meeting with the representatives of the youth, but denied the presence of the Mungiki therein." They listed the head of Presidential Press Service Isaiya Kabira and the then Presidential advisor Stanley Murage as also having attended the meeting.
Speaking on the fate of Uhuru and Muthaura, Muigai said: "As far as we are concerned at this point in time, this issue is premature. Our understanding is that the confirmations have been made and they are going to appeal. So in our understanding we cannot make any precipitate decision."
He appointed a ten member-team made up of local and international legal experts to advise the Government on the options available in the ICC case.
Those in the legal team are Mr Geoffrey Nice, a Queen�s Counsel of London, Mr Rodney Dixon a Barrister of London, and Senior Counsel Fred Ojiambo, Joe Okwach, and Waweru Gatonye, and International law experts Godfrey Musila, Betty Murungi, Lucy Kambuni, Grace Wakio and Henry Mutai.
The Standard Online | printer friendly version
Kabaridi
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State renews bid to challenge ICC jurisdiction on suspects cases
Updated 1 hr(s) 36 min(s) ago
[h=2]Related Stories[/h] [h=3]
Trial for the four suspects could take years[/h] [h=3] 
AG: Uhuru, Muthaura to stay in office[/h] [h=3] ICC Judges say State House hosted Mungiki[/h] [h=3] President Kibaki. ICC judges ignored his statement on Uhuru, Muthaura as they believe he too was in State House meeting[/h] [h=3] Ocampo on ICC ruling[/h] [h=3] Grounds for ICC Appeal[/h]
By Steve Mkawale
The Government will make fresh attempts to bring trials of the post-election violence cases home even after the International Criminal Court confirmed charges against four suspects.
Attorney General Githu Muigai, who set up a 10-member panel to advise the Government on the recent ruling by ICC judges, said the team will once again challenge jurisdiction of the ICC over the Kenyan cases
The team will also attempt to convince the ICC judges on the admissibility of the two cases, Prof Muigai told a news conference at Sheria House, Nairobi, on Tuesday.
"The issues on jurisdiction and admissibility remain alive in term of the provision of the Rome Statue and the Government will take legal counsel on whether this issue will be pursued on not," Muigai said.
The panel includes British lawyers Sir Geoffrey Nice and Rodney Dixon (QC), senior counsel Godfrey Musila, Fred Ojiambo, Joe Okwach, Waweru Gatonye, international law expert Betty Murungi, Lucy Kambuni, Grace Wakio and Dr Henry Mutahi of Moi University.
This comes after President Kibaki directed the AG to form the team and make his findings even as the four suspects prepared to appeal against the ICC verdict.
Sir Nice represented the Government in the two previous failed attempts to bring the case against the six suspects back to Kenya for trials.
The Director of Public Prosecution Keriako Tobiko, Police Commissioner Mathew Iteere, Director of CID Ndegwa Muhoro, Solicitor General Wanjiku Muchemi and Witness Protection Agency Director Alice Ondieki attended the press conference.
Previous attempts by the Government through former AG Amos Wako to bring the trials of the six suspects home failed after the pre-trial chamber dismissed his pleas for inadmissibility.
An appeal lodged by Wako and aimed at overturning the ICC Pre-Trial Chamber IIs decision, was rejected by the judges, who declared cases against the six Kenyan post-poll violence suspects admissible.
Continue serving
On Monday, the ICC judges confirmed charges against Deputy Prime Minister and Finance Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, Eldoret North MP William Ruto and radio journalist Joshua arap Sang.
The court did not confirm charges against former Cabinet minister Henry Kosgey and former Commissioner of Police Hussein Ali for lack of sufficient evidence.
On Tuesday the AG said Uhuru and Muthaura will continue serving in Government even after the ICC committed them to trial for crimes against humanity.
Muigai, who is the chief legal adviser of the Government, said the two were in The Hague in their individual capacity and not as Government officials.
"The four ICC suspects have indicated their intentions to appeal against the ruling of the pre-trial chamber. We are going to wait for the ruling of Appeal Chamber then advise the Government accordingly," Muigai said.
He reiterated the Governments commitment to the Rome Statue and said it would continue to cooperate with ICC and the prosecution.
Muigai said the Government will continue to be actively involved in the case against the two.
"While the four suspects will be pursuing their case, the Government will be engaging the court actively in order to ensure that case continues in accordance with the Rome Statue and other international laws", he said.
The suspects are required to file an appeal against the decision of the pre-trial chamber I within five days.
The AG further revealed that he will lobby Chief Justice Willy Mutunga and the Judicial Service Commission to form a special division of the High Court to deal with crimes committed by other suspects locally.
"I will be approaching the Chief Justice with a view of summoning the JSC to discuss a possibility of setting up a division of the High Court to deal with crimes of international character," Muigai said.
He announced that a multi-agency taskforce comprising of Iteere, Tobiko, Muhoro and the Witness Protection Agency will re-evaluate all pending prosecutions on post-election violence so that they can be expeditiously resolved. There are about 5, 000 post-election violence related cases pending in courts.
Source: http://www.standardmedia.co.ke/InsidePage.php?id=2000050736&cid=4&ttl=State%20renews%20bid%20to%20challenge%20ICC%20jurisdiction%20on%20suspects%20cases
Updated 1 hr(s) 36 min(s) ago
[h=2]Related Stories[/h] [h=3]
Trial for the four suspects could take years[/h] [h=3] AG: Uhuru, Muthaura to stay in office[/h] [h=3] ICC Judges say State House hosted Mungiki[/h] [h=3] President Kibaki. ICC judges ignored his statement on Uhuru, Muthaura as they believe he too was in State House meeting[/h] [h=3] Ocampo on ICC ruling[/h] [h=3] Grounds for ICC Appeal[/h] By Steve Mkawale
The Government will make fresh attempts to bring trials of the post-election violence cases home even after the International Criminal Court confirmed charges against four suspects.
Attorney General Githu Muigai, who set up a 10-member panel to advise the Government on the recent ruling by ICC judges, said the team will once again challenge jurisdiction of the ICC over the Kenyan cases
The team will also attempt to convince the ICC judges on the admissibility of the two cases, Prof Muigai told a news conference at Sheria House, Nairobi, on Tuesday.
"The issues on jurisdiction and admissibility remain alive in term of the provision of the Rome Statue and the Government will take legal counsel on whether this issue will be pursued on not," Muigai said.
The panel includes British lawyers Sir Geoffrey Nice and Rodney Dixon (QC), senior counsel Godfrey Musila, Fred Ojiambo, Joe Okwach, Waweru Gatonye, international law expert Betty Murungi, Lucy Kambuni, Grace Wakio and Dr Henry Mutahi of Moi University.
This comes after President Kibaki directed the AG to form the team and make his findings even as the four suspects prepared to appeal against the ICC verdict.
Sir Nice represented the Government in the two previous failed attempts to bring the case against the six suspects back to Kenya for trials.
The Director of Public Prosecution Keriako Tobiko, Police Commissioner Mathew Iteere, Director of CID Ndegwa Muhoro, Solicitor General Wanjiku Muchemi and Witness Protection Agency Director Alice Ondieki attended the press conference.
Previous attempts by the Government through former AG Amos Wako to bring the trials of the six suspects home failed after the pre-trial chamber dismissed his pleas for inadmissibility.
An appeal lodged by Wako and aimed at overturning the ICC Pre-Trial Chamber IIs decision, was rejected by the judges, who declared cases against the six Kenyan post-poll violence suspects admissible.
Continue serving
On Monday, the ICC judges confirmed charges against Deputy Prime Minister and Finance Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, Eldoret North MP William Ruto and radio journalist Joshua arap Sang.
The court did not confirm charges against former Cabinet minister Henry Kosgey and former Commissioner of Police Hussein Ali for lack of sufficient evidence.
On Tuesday the AG said Uhuru and Muthaura will continue serving in Government even after the ICC committed them to trial for crimes against humanity.
Muigai, who is the chief legal adviser of the Government, said the two were in The Hague in their individual capacity and not as Government officials.
"The four ICC suspects have indicated their intentions to appeal against the ruling of the pre-trial chamber. We are going to wait for the ruling of Appeal Chamber then advise the Government accordingly," Muigai said.
He reiterated the Governments commitment to the Rome Statue and said it would continue to cooperate with ICC and the prosecution.
Muigai said the Government will continue to be actively involved in the case against the two.
"While the four suspects will be pursuing their case, the Government will be engaging the court actively in order to ensure that case continues in accordance with the Rome Statue and other international laws", he said.
The suspects are required to file an appeal against the decision of the pre-trial chamber I within five days.
The AG further revealed that he will lobby Chief Justice Willy Mutunga and the Judicial Service Commission to form a special division of the High Court to deal with crimes committed by other suspects locally.
"I will be approaching the Chief Justice with a view of summoning the JSC to discuss a possibility of setting up a division of the High Court to deal with crimes of international character," Muigai said.
He announced that a multi-agency taskforce comprising of Iteere, Tobiko, Muhoro and the Witness Protection Agency will re-evaluate all pending prosecutions on post-election violence so that they can be expeditiously resolved. There are about 5, 000 post-election violence related cases pending in courts.
Source: http://www.standardmedia.co.ke/InsidePage.php?id=2000050736&cid=4&ttl=State%20renews%20bid%20to%20challenge%20ICC%20jurisdiction%20on%20suspects%20cases
Kabaridi
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The whole ICC and rome statutes issue started in the united states but they themselves are not signitatories
Deshbhakt
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The issue I think remains very sensitive and delicate! With elections due, I would like to believe that there is some hesitation in trying to ask the 4 to step down.
But in view of them being charged, someone has to pay for the atrocities and/or sins or part therefore..you cannot put the cart before the horse..
Going on the issue of the US not signing or being part of the ICC, guess they realized that there would eventually be several charges raised against them due to the many many wars they have waged. At this juncture, I wonder how many countries are now regretting becoming part of the ICC as well.
But in view of them being charged, someone has to pay for the atrocities and/or sins or part therefore..you cannot put the cart before the horse..
Going on the issue of the US not signing or being part of the ICC, guess they realized that there would eventually be several charges raised against them due to the many many wars they have waged. At this juncture, I wonder how many countries are now regretting becoming part of the ICC as well.
mjombo's
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Binafsi nimefurahishwa sana na jinsi wakenya walivyo na democrasia nzuri baada ya kuona waheshimiwa mawaziri wa kenya wakitaka baadhi ya mawaziri wenzao wajiuzuru kutokana na kukutwa na hatia katika kesi ya uchochez ya vurugu za baada ya uchaguz 2008, mara baada ya ICC [international criminal court] kutangaza kuwa waheshimiwa wanne katika serikali ya bwana kibaki wanahoja za kujibu ICC, Baadhi ya wajumbe wa baraza la mawaziri akiwemo waziri wa ardhi na yule wakilimo kumtaka mh; uhuru kenyata na mwenzake william luto kujiuzuru nyazifa zao baada ya kupata madoa hayo ya ICC. kitu hiki kwa tz ni kigumu sana nahakijawahi tokea kabisa zaidi ya kusemana tu kimafumbo bila kuwataja wahusika km walivyofanya hawa wenzetu wakenya. I'm real impresed in dis move of kenya i wish for tz to follow the path. nawasilisha :lol::lol:
de'levis
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Uhuru, Muthaura bow to pressure, step aside
Finance Minister: Uhuru Kenyatta
Kenyan Deputy Prime Minister and Finance Minister Uhuru Kenyatta (2ndL), and Cabinet secretary Francis Muthaura (2ndR) attend a hearing, at the International Criminal Court in The Hague.
Finance Minister: Uhuru Kenyatta
Kenyan Deputy Prime Minister and Finance Minister Uhuru Kenyatta (2ndL), and Cabinet secretary Francis Muthaura (2ndR) attend a hearing, at the International Criminal Court in The Hague.
By NATION REPORTER
Posted Thursday, January 26 2012 at 15:54
Kenya's Finance Minister Uhuru Kenyatta and Head of Public Service and Secretary to the Cabinet Francis Muthaura have stepped aside from office after ICC pre-trial Judges confirmed charges levelled against them.
Mr Kenyatta will however retain his post as Deputy Prime Minister.
President Kibaki accepted the decision of the two to step aside on Thursday and appointed Nairobi Metropolitan Minister Njeru Githae to act as Finance Minister.
Internal Security Permanent Secretary Francis Kimemia also takes over Mr Muthaura's duties on an acting capacity.
Mutea Iringo will be Acting Permanent Secretary for Provincial Administration and Internal Security.
A statement from the President Press Service stated: "His Excellency the President has accepted the decision by Hon. Uhuru Kenyatta, EGH, M.P. to step aside as the Minister for Finance. However, Hon. Kenyatta will retain the position of Deputy Prime Minister in accordance with the Constitution."
His Excellency the President has appointed Hon. Robinson Githae, EGH, M.P. Minister for Nairobi Metropolitan Development, to be the Acting Minister for Finance."
His Excellency the President has also accepted the decision by Amb. Dr. Francis K. Muthaura, EGH to step aside as Permanent Secretary, Secretary to the Cabinet and Head of the Public Service."
In this regard, Mr. Francis T. Kimemia, CBS Permanent Secretary, Provincial Administration and Internal Security will be Acting Permanent Secretary, Secretary to the Cabinet and Head of Public Service."
http://www.nation.co.ke/News/politics/-/1064/1314328/-/8s5lal/-/index.html
Mamzalendo
JF-Expert Member
- Dec 29, 2010
- 1,670
- 558
ngeleja wa nchi gani?kwa wananchi gani?its a good move m expected one,wanajiheshimu ndio maana na wanajua obligations zao n wat to do at what time!
Mark Francis
JF-Expert Member
- Nov 19, 2010
- 605
- 310
Uhuru Kenyatta has handed his resignation to President Mwai Kibaki. President Kibaki has this afternoon accepted decision by Uhuru Kenyatta to step aside as Finance Minister. Uhuru will however stay on as Deputy Prime Minister without portfolio.
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