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AG wants Uhuru, Muthaura cases moved to Arusha
Attorney General Githu Muigai. Photo/FILE NATION
By BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Saturday, January 12 2013 at 00:30
In Summary
The government now wants to be enjoined in a bid by two of the four ICC suspects to transfer their trials to the East African Court of Justice.
Describing the application by Mr Uhuru Kenyatta and Mr Francis Muthaura as an "important matter", the government denied accusations by Prosecutor Fatou Bensouda that Kenya has refused to cooperate with the ICC.
On Friday, Attorney-General Githu Muigai wrote to three judges who form the presidency of the ICC seeking an invitation to make submissions.
"The Government of Kenya's attention has been drawn to a request file by one of the parties in the Kenya cases requesting a change of venue for trial to Arusha, Tanzania. Given the importance of this matter, the government requests that at the appropriate time it be invited to make representations on the issue," wrote Prof Muigai.
The ICC presidency is made up of Judge Sang-Hyun Song (president), Judge Sanji Monageng (first vice-president) and Judge Cuno Tarfusser (second vice-president).
In June last year, lawyers for Mr Kenyatta and Mr Muthaura requested the ICC presidency to shift their trial for crimes against humanity stemming from 2007/08 post-election violence to the Arusha court. The ICC rejected the request.
Prof Muigai's two letters dated January 11, 2013 were a response to the accusations Ms Bensouda directed at the government when she released names of her witnesses and evidence against the suspects in the run up to the hearings set to begin in April.
Ms Bensouda also revealed she might be forced to seek assistance of foreign countries to compel Kenya to give the court access to government officials and security agents who were in charge of post-election violence hotspots.
In her submissions, she accused the government of failing to cooperate with the ICC by not giving access to PCs and police chiefs who were in charge of areas that bore the brunt of the post-poll chaos.
Consequently, she told the trial judges that she might amend her list of witnesses and evidence against the four suspects in future if the government agreed to give her access to the officers.
Sources from the legal teams of the suspects said Ms Bensouda could approach the US, Britain, USaid, the Danish Development Agency and the Kenya Red Cross, who were involved during the post-election violence.
In his reply, Prof Muigai stated that the government was willing to cooperate with the ICC as required of a state party.
"We wish to once again reiterate the government's willingness to compliment the work of the ICC and to re-affirm our commitment to our obligations under the Rome Statute," he said.
He said provincial commissioner and provincial police officers who served in election violence hotspots had obtained a High Court order blocking the ICC from interviewing them.
"That order is in force until the matter is heard and determined and that is yet to occur," he said. (READ: ICC accuses Kenya of hiding evidence)
AG wants Uhuru, Muthaura cases moved to Arusha - Politics - nation.co.ke
Attorney General Githu Muigai. Photo/FILE NATION
By BERNARD NAMUNANE bnamunane@ke.nationmedia.com
Posted Saturday, January 12 2013 at 00:30
In Summary
- Githu writes to ICC to request chance to make submissions in support of request to move trials to an East African court
The government now wants to be enjoined in a bid by two of the four ICC suspects to transfer their trials to the East African Court of Justice.
Describing the application by Mr Uhuru Kenyatta and Mr Francis Muthaura as an "important matter", the government denied accusations by Prosecutor Fatou Bensouda that Kenya has refused to cooperate with the ICC.
On Friday, Attorney-General Githu Muigai wrote to three judges who form the presidency of the ICC seeking an invitation to make submissions.
"The Government of Kenya's attention has been drawn to a request file by one of the parties in the Kenya cases requesting a change of venue for trial to Arusha, Tanzania. Given the importance of this matter, the government requests that at the appropriate time it be invited to make representations on the issue," wrote Prof Muigai.
The ICC presidency is made up of Judge Sang-Hyun Song (president), Judge Sanji Monageng (first vice-president) and Judge Cuno Tarfusser (second vice-president).
In June last year, lawyers for Mr Kenyatta and Mr Muthaura requested the ICC presidency to shift their trial for crimes against humanity stemming from 2007/08 post-election violence to the Arusha court. The ICC rejected the request.
Prof Muigai's two letters dated January 11, 2013 were a response to the accusations Ms Bensouda directed at the government when she released names of her witnesses and evidence against the suspects in the run up to the hearings set to begin in April.
Ms Bensouda also revealed she might be forced to seek assistance of foreign countries to compel Kenya to give the court access to government officials and security agents who were in charge of post-election violence hotspots.
In her submissions, she accused the government of failing to cooperate with the ICC by not giving access to PCs and police chiefs who were in charge of areas that bore the brunt of the post-poll chaos.
Consequently, she told the trial judges that she might amend her list of witnesses and evidence against the four suspects in future if the government agreed to give her access to the officers.
Sources from the legal teams of the suspects said Ms Bensouda could approach the US, Britain, USaid, the Danish Development Agency and the Kenya Red Cross, who were involved during the post-election violence.
In his reply, Prof Muigai stated that the government was willing to cooperate with the ICC as required of a state party.
"We wish to once again reiterate the government's willingness to compliment the work of the ICC and to re-affirm our commitment to our obligations under the Rome Statute," he said.
He said provincial commissioner and provincial police officers who served in election violence hotspots had obtained a High Court order blocking the ICC from interviewing them.
"That order is in force until the matter is heard and determined and that is yet to occur," he said. (READ: ICC accuses Kenya of hiding evidence)
AG wants Uhuru, Muthaura cases moved to Arusha - Politics - nation.co.ke