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Post by mank on Sept 22, 2013 21:29:57 GMT 3
Meanwhile at the Hague, the ICC faces a test of legal finesse! www.reuters.com/article/2013/09/22/us-kenya-attack-icc-idUSBRE98L07X20130922That is why I grit my teeth and say Ruto is loafing at the Hague. There is sure a national crisis here, but there he is, the co-president, detained in a foreign land. He has to REQUEST PERMISSION! It is not his decision, nor that of his mate Uhuru Kenyatta! The vice president of Kenya is effectively a PRISONER! No, Uhuru Kenyatta, when it is your time, you can not possibly go to the Hague and still be President. It is one or the other! Amigo Jakaswanga, Things don't look good for Ruto, Uhuru, or Kenya for that matter. Ruto has hoped that he would see the court treating him favourably because he's been going beyond expectations to show his willingness to cooperate. However, with the court still holding him after he begged for leave in circumstances of an unforeseen national tragedy, you wonder whether he feels like he is getting the courtesy he would expect for good behaviour ... and if he does not feel so, whether he is willing to maintain his cooperative streak. I imagine that the court, if it is not willing to grant him leave this time, might also sense that Ruto could change heart now that his earlier strategy seems unrewarded. To guard itself, it could very well decide to give Ruto indefinite no-option residence at the Hague from here ... after all the exchanges in the court last week could by themselves forme a base for the court to contemplate keeping Ruto while it has him. These trends and the accompanying possibilities are obviously advising Kenyatta's case. How it all plays out for Kenya, I don't know for sure, but, Not Well, I think!
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Post by Deleted on Sept 23, 2013 0:42:47 GMT 3
Meanwhile at the Hague, the ICC faces a test of legal finesse! www.reuters.com/article/2013/09/22/us-kenya-attack-icc-idUSBRE98L07X20130922That is why I grit my teeth and say Ruto is loafing at the Hague. There is sure a national crisis here, but there he is, the co-president, detained in a foreign land. He has to REQUEST PERMISSION! It is not his decision, nor that of his mate Uhuru Kenyatta! The vice president of Kenya is effectively a PRISONER! No, Uhuru Kenyatta, when it is your time, you can not possibly go to the Hague and still be President. It is one or the other! Amigo Jakaswanga, Things don't look good for Ruto, Uhuru, or Kenya for that matter. Ruto has hoped that he would see the court treating him favourably because he's been going beyond expectations to show his willingness to cooperate. However, with the court still holding him after he begged for leave in circumstances of an unforeseen national tragedy, you wonder whether he feels like he is getting the courtesy he would expect for good behaviour ... and if he does not feel so, whether he is willing to maintain his cooperative streak. I imagine that the court, if it is not willing to grant him leave this time, might also sense that Ruto could change heart now that his earlier strategy seems unrewarded. To guard itself, it could very well decide to give Ruto indefinite no-option residence at the Hague from here ... after all the exchanges in the court last week could by themselves forme a base for the court to contemplate keeping Ruto while it has him. These trends and the accompanying possibilities are obviously advising Kenyatta's case. How it all plays out for Kenya, I don't know for sure, but, Not Well, I think! mank
You seem so sure that the judges will rule against ruto's request? Do you have a contact with them? I haven't a clue how they'll respond, l'll have to wait until tomorrow when they've said they'll deliver a decision.
For months now, there is so much weird stuff going on in Kenya one has to wonder. Nothing is as it seems, of that much I'm sure.
Even this rampage that has gone on in Nairobi at the mall leaves one wondering. I mean this whole catastrophe could give uhuruto a reprieve of sorts from the ICC. Don't you think? In which case uhuruto will at the very least owe al shabab a thank you note.ICC to decide on William Ruto’s request for adjournment following Westgate terror attack Updated Sunday, September 22nd 2013 By Bernard Oginga The International Criminal Court ( ICC) Trial Chamber will on Monday hear a submission in which Deputy President William Ruto has requested for deferment of his case to enable him return to Kenya and deal with the Westgate terror attack. The request has been submitted by Ruto’s lead Counsel Karim Khan. In his submission, Khan noted that Ruto being the Deputy President is the principal assistant to the president in his duties as the Head of State and Government, Commander In Chief of the Kenya Defence Forces and the chairperson of the National Security Council. “Accordingly, in the immediacy, Mr Ruto as the serving Deputy President of Kenya is required to return to Kenya to discharge his ordinary constitutional duties which include participating in security briefings and consultations,” read the request. The request by the DP’s legal team is seeking an adjournment of trial proceedings until such a time that the security situation would have resolved itself or an order issued by the Trial Chamber. The Trial chamber will hear that request on Monday 9:30am Kenyan time. www.standardmedia.co.ke/?articleID=2000094060&story_title=icc-to-decide-on-ruto-s-request-for-adjournment
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Post by Deleted on Sept 23, 2013 0:46:43 GMT 3
With so many victimized Kenyans, some would surely become witness to the crimes committed. Never mind hiding behind, mara "they are liars", mara "they are being pampered" mara OTP is hiding behind protection, blah blah blah. This right here is what the issue is. And as jakaswanga and many others have said, there is no way this level of violence and displacement happened spontaneously. No way. "The Price of Tribal Politics" photojournalist Boniface Mwangiwww.marsgroupkenya.org/pdfs/2010/03/THE_PRICE_OF_TRIBAL_POLITICS.pdfwarning: the images are graphic Watching through the clips you see a connection that only the ICC is too eager to be blind to. Yes, of cause you'd say that. Except you're wrong again! Photos from one journalist, mostly in Nbi do not mean that Odinga who called for peaceful mass protests is the person most responsible for what transpired with PEV. Please, don't be cheap.
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Post by Deleted on Sept 23, 2013 1:28:01 GMT 3
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Post by mank on Sept 23, 2013 2:38:26 GMT 3
Watching through the clips you see a connection that only the ICC is too eager to be blind to. Yes, of cause you'd say that. Except you're wrong again! Photos from one journalist, mostly in Nbi do not mean that Odinga who called for peaceful mass protests is the person most responsible for what transpired with PEV. Please, don't be cheap. I am not the one saying that Raila is the person most responsible for what transpired with PEV. You are!
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Post by mank on Sept 23, 2013 2:52:54 GMT 3
Amigo Jakaswanga, Things don't look good for Ruto, Uhuru, or Kenya for that matter. Ruto has hoped that he would see the court treating him favourably because he's been going beyond expectations to show his willingness to cooperate. However, with the court still holding him after he begged for leave in circumstances of an unforeseen national tragedy, you wonder whether he feels like he is getting the courtesy he would expect for good behaviour ... and if he does not feel so, whether he is willing to maintain his cooperative streak. I imagine that the court, if it is not willing to grant him leave this time, might also sense that Ruto could change heart now that his earlier strategy seems unrewarded. To guard itself, it could very well decide to give Ruto indefinite no-option residence at the Hague from here ... after all the exchanges in the court last week could by themselves forme a base for the court to contemplate keeping Ruto while it has him. These trends and the accompanying possibilities are obviously advising Kenyatta's case. How it all plays out for Kenya, I don't know for sure, but, Not Well, I think! mank
You seem so sure that the judges will rule against ruto's request? How do I seem sure of that? I read the following from the post you are reacting to, and wonder how you know what I am sure of while I express uncertainty over the same: ...I imagine that the court, if it is not willing to grant him leave this time, might also ... Kathure, when you have a message to pass to readers it is wiser to just pass that message. Attempting to make every posting an attack on someone else makes you miss rather obvious points that are made.
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Post by Deleted on Sept 23, 2013 4:54:19 GMT 3
right thread. *************** Nairobi , September 20, 2013
Kenya recalls its envoy to the UN
President Uhuru Kenyatta has recalled Kenya’s Ambassador/Permanent Representative to UN Mr. Macharia Kamau back to Nairobi for consultation following the country’s inability to be represented in next week’s United Nations General Assembly (UNGA), Communications Secretary and State House Spokesperson Manoah Esipisu has said.
Mr. Esipisu said in a statement that Kenya’s decision to skip UNGA was communicated to the UN Secretary General Ban Ki-Moon by the Kenya’s envoy to the UN Mr. Macharia Kamau in a diplomatic message.
He said Kenya will for the first time since independence not be represented at the UNGA that the President was scheduled to attend from 23rd to 27th September 2013.
“Whereas very important multilateral and bilateral meetings had been planned for President Kenyatta during the week, including a speech to the General Assembly, we very much regret that he cannot be out of the country at the same time as the Deputy President,” the Communication Secretary said.
In the diplomatic message, Kenya informed the UN Secretary-General that the political space for continuous cooperation was rapidly being eroded and the country was weary that the dire consequences of these developments seemed to be lost on the International Criminal Court (ICC) interlocutors.
Mr. Esipisu said the President and Deputy President have cooperated fully with the ICC and expects the court to reciprocate.
“The Deputy President presented himself to The Hague court of his own free will and has submitted himself to the jurisdiction of the court,” he added.
statehousekenya.go.ke/news/sept2013/2013200902.htm
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Post by mank on Sept 23, 2013 6:36:14 GMT 3
right thread. *************** Nairobi , September 20, 2013 Kenya recalls its envoy to the UN President Uhuru Kenyatta has .... In the diplomatic message, Kenya informed the UN Secretary-General that the political space for continuous cooperation was rapidly being eroded and the country was weary that the dire consequences of these developments seemed to be lost on the International Criminal Court (ICC) interlocutors.
Mr. Esipisu said the President and Deputy President have cooperated fully with the ICC and expects the court to reciprocate.
“The Deputy President presented himself to The Hague court of his own free will and has submitted himself to the jurisdiction of the court,” he added.statehousekenya.go.ke/news/sept2013/2013200902.htm Things don't look good for Ruto, Uhuru, or Kenya for that matter. Ruto has hoped that he would see the court treating him favourably because he's been going beyond expectations to show his willingness to cooperate. However, with the court still holding him after he begged for leave in circumstances of an unforeseen national tragedy, you wonder whether he feels like he is getting the courtesy he would expect for good behaviour ... and if he does not feel so, whether he is willing to maintain his cooperative streak. I imagine that the court, if it is not willing to grant him leave this time, might also sense that Ruto could change heart now that his earlier strategy seems unrewarded. To guard itself, it could very well decide to give Ruto indefinite no-option residence at the Hague from here ... after all the exchanges in the court last week could by themselves forme a base for the court to contemplate keeping Ruto while it has him. These trends and the accompanying possibilities are obviously advising Kenyatta's case. How it all plays out for Kenya, I don't know for sure, but, Not Well, I think! The reason cars are equipped with rear mirrors for use by the driver is because a rear view helps see ahead. I don't like what I see.
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Post by kamalet on Sept 23, 2013 10:18:46 GMT 3
News from the ICC is that the court has decided that Ruto can go back home for one week but the hearing to continue in his absence. Benshuta has opposed the decision and has been given permission to appeal that decision. A rare win for Ruto from the court.
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Post by Deleted on Sept 23, 2013 15:15:22 GMT 3
News from the ICC is that the court has decided that Ruto can go back home for one week but the hearing to continue in his absence. Benshuta has opposed the decision and has been given permission to appeal that decision. A rare win for Ruto from the court. Le reprieve ************************* ICC GRANTS RUTO ONE WEEK BREAK AFTER WESTGATE TERROR ATTACK Last updated on 23 Sep 2013 12:42 By FELIX OLICK at The Hague Deputy President William Ruto is on his way to Kenya after the trial Chamber accepted to adjorn his case at The Hague for one week. The Judges allowed Ruto to return home following the bloody terrorist attack at Westgate mall Saturday. “The Chamber does excuse Mr. Ruto from the proccedings for the moment. The excusal is permitted for one week only subject to further request,” Ruled the bench. However, Ruto lead counsel Karim Khan has already requested for at least two weeks to deal with what they term as ‘the aftermath of the tragedy’. However, the prosecution team has vehemently opposed the request for an adjornment for more than one week. The Chamber is expected to rule on wether Ruto would be excussed for more than one week in the next 30 minutes. On Sunday, Ruto made an application to the three judge panel to be allowed to retun to Kenya citing the terrorist attack at Westgate www.standardmedia.co.ke/m/?articleID=2000094124&story_title=
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Post by mank on Sept 23, 2013 16:12:48 GMT 3
News from the ICC is that the court has decided that Ruto can go back home for one week but the hearing to continue in his absence. Benshuta has opposed the decision and has been given permission to appeal that decision. A rare win for Ruto from the court. I read that as good news for all. Bens just needs to make her case.
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Post by Deleted on Sept 23, 2013 16:58:08 GMT 3
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Post by Deleted on Sept 23, 2013 17:38:55 GMT 3
The open season on muslims especially those of somali extraction has began in ernest. ************************** SUNDAY, SEPTEMBER 22, 2013 Woman accuses police of shooting husband By PETER OBUYA A woman on Sunday accused the security forces of inflicting severe injuries on her husband following the terror attack at the Westgate mall. Mrs Khadija Ali claimed her husband, Mr Ali Kiai Gitonga, was shot by Kenyan security officers at the Westgate mall after he was suspected of being one of the attackers. According to her, the husband, whom she said was working for a Mr Ahmed Abdi, had taken his boss’ daughters out for shopping at the mall when the terrorists struck. “He called and told me to send him some credit. He just said that he was at Westgate and that the place was under attack and instructed that I watch television for more news,” she said. That was around 1pm on Saturday. It was from then that Mrs Ali followed the events as they were broadcast live on television. About four hours later, the husband called again and informed her that he had been shot and could die any time. “I was shocked beyond words. The phone fell from my hand,” she recounted as tears freely flowed down her cheeks. She kept on calling but the phone went unanswered for most of the time until around 8pm. “He then told me that he had been evacuated from the building but was in the hands of police officers. He didn’t tell me that the officers were suspecting him,” she added. At the time, Mr Ali was already in hospital. The 35-year-old father of two and his wife, alongside other family members, were later re-united at the hospital for the first time since the attack was reported. “Three police officers were with him and another six joined them, with one of them saying: ‘Huyu ni suspect’ (He is a suspect) while pointing at him,” she recounted. “They hastily whisked him away and we were ordered to leave. His phone and ID were confiscated and we have not set eyes on him again, neither do we know where he was taken to,” she claimed at the Jamia Mosque in Nairobi. She insisted that the security officers are responsible for her husband’s gunshot wounds. He was shot on the shoulder, chest and thigh where a bullet remained lodged on Saturday night. Some Muslim leaders who spoke to the press at the Jamia Mosque said some innocent Muslims had been detained by the security forces for suspicion that they could have been involved in the attack. www.nation.co.ke/news/Woman-accuses-police-of-shooting-husband/-/1056/2003364/-/jcg2q3/-/index.html
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Post by Deleted on Sept 23, 2013 20:46:47 GMT 3
Without skipping a beat. *********************************** MONDAY, SEPTEMBER 23, 2013 Kenyatta asks to interrupt presence at ICC By Nation Reporter More by this Author President Uhuru Kenyatta has submitted a second request to be excused from 'continuous presence' at the ICC trial. The defence has requested that the court should instead make use of a video link in instances where the President will be physically required to be at The Hague. www.nation.co.ke/news/Kenyatta-asks-to-interrupt-presence-at-ICC/-/1056/2004370/-/11u0yj0/-/index.html
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Post by OtishOtish on Sept 23, 2013 20:55:50 GMT 3
Without skipping a beat. *********************************** MONDAY, SEPTEMBER 23, 2013 Kenyatta asks to interrupt presence at ICC By Nation Reporter More by this Author President Uhuru Kenyatta has submitted a second request to be excused from 'continuous presence' at the ICC trial. The defence has requested that the court should instead make use of a video link in instances where the President will be physically required to be at The Hague. www.nation.co.ke/news/Kenyatta-asks-to-interrupt-presence-at-ICC/-/1056/2004370/-/11u0yj0/-/index.html The OTP has recently applied to add new witnesses to the case. They both appear to have some things to say that would be very troubling to anyone in the dock: www.icc-cpi.int/iccdocs/doc/doc1644939.pdf
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Post by OtishOtish on Sept 23, 2013 20:57:49 GMT 3
News from the ICC is that the court has decided that Ruto can go back home for one week but the hearing to continue in his absence. Benshuta has opposed the decision and has been given permission to appeal that decision. A rare win for Ruto from the court. I read that as good news for all. Bens just needs to make her case. I have missed a great deal of this thread, but I am sure its had its "moments". Arriving now, I am surprised at the idea the OTP requested leave to appeal a decision whose validity is one week at most and that the TC promptly granted that request. Or are people perhaps relying too much on the local media? In any case, what would the OTP be appealing, given that the one-week suggestion came from that office? On the contrary, it is the Defence that is bothering the Appeals Chamber and trying to make the most of what is a tragedy to many.As far as I can tell ... Here is what the Ruto Defence requested: The Defence requests that the Trial Chamber adjourn the trial proceedings in this case until such time as the security situation in Kenya resolves itself or an order of the Trial Chamber is issued. www.icc-cpi.int/iccdocs/doc/doc1648671.pdfWhat the OTP opposed open-ended "until the security situatiion ..." Here is what the OTP wrote: 3. The Prosecution submits that the Defence has not made out a case in law that the presence of Mr Ruto is indispensable to the resolution of the situation. Nevertheless, in light of the serious and exceptional nature of the crisis, the Prosecution does not oppose a limited and conditional adjournment of the case, subject to the assessment of the VWU as to the impact of such an adjournment on P-0536 and other witnesses.... 6. Nevertheless, notwithstanding the legal flaws in the application, the Prosecution is of the view that the situation is so serious and so unique that, as an exception to the normal position that the accused’s presence before Court should take precedence over his day to day duties, a limited adjournment should be permitted to allow Mr Ruto to provide what assistance he can to the people of Kenya. This position is in line with the Prosecution’s mission to protect the best interest of the victims of such crimes.... 8. However, the Prosecution opposes the Defence’s request for an open ended adjournment “until such time as the security situation in Kenya resolves itself or an order of the Trial Chamber is issued.”2 The Prosecution submits that such an order would, for obvious reasons, be open to abuse. The Prosecution submits that a discrete adjournment for a period of no longer than one week will suffice.
www.icc-cpi.int/iccdocs/doc/doc1648746.pdfI have taken a quick look at how the Kenyan media reported all this, and it perhaps not surprising, given that it is the Kenyan media, that the media simply read a few buzzwords and then ran off to the "press". Here is what the ICC Public Affairs Office actually sent to the media: We wanted to inform you of a second oral ruling made by the Presiding Judge of Trial Chamber V(a) of the International Criminal Court (ICC) during the hearing held today, 23 September 2013, in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang:
ICC Judges have decided to adjourn the Ruto and Sang trial, not continuing to hear the testimony of 536 in the absence of Mr Ruto.
The Defence will file soon a request to the Appeals Chamber to lift the suspensive effect regarding the Prosecutor’s appeal of the decision excusing Mr Ruto from continuous presence at trial.
The trial is adjourned pending either the Appeals Chamber’s decision on the Defence’s urgent request or the expiration of the one-week excusal period, whichever comes earlier.
Earlier today the Judges excused Mr Ruto from trial proceedings for one week in light of the circumstances in Kenya.
The only new related issue before the Appeals Chamber is that Ruto is now requesting that the "suspensive effect" on his trial-by-remote decision be lifted:
www.icc-cpi.int/iccdocs/doc/doc1649022.pdfThe legal basis given for that is hopelessly weak, but Khan has to run billable hours. Oh, the other "new, big issue" is that His Excellency, President U. Kenyatta, naturally, finds it necessary to now ask for trial by remote: www.icc-cpi.int/iccdocs/doc/doc1649093.pdfWe live in a bad world. Sometimes very bad. I leave you with a random thought: What is "required" on the home-front is a desperate peace-threatening situation. jukwaa.proboards.com/thread/8601
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Post by Deleted on Sept 23, 2013 21:00:01 GMT 3
Can’t attend trial and run the country? Oh really? Muthoni Wanyeki Two storylines have emerged from the trial of William Ruto and Joshua Sang — and the upcoming trial of Uhuru Kenyatta — at the International Criminal Court sitting in The Hague. The first storyline concerns the witnesses. Survivors and victims are not necessarily witnesses. The propaganda against the trials and media the spin went so far last week as to plaster over social media the alleged identity and background of the first of the survivors/victims turned one type of witness. It was an appalling breach, serving no purpose other than to confirm the prosecution’s prior, repeated complaints about witness intimidation and tampering The second storyline concerns the state-sponsored diplomatic offensive against the two trials. Long forgotten are the claims of two of the three suspects that the charges against them were “personal” or that they would, if in high office, be able to discharge their duties. No. Now they have dragged the weight of the state behind them. A September 10 visit to the African Union by the Kenyan Foreign Minister Amina Mohamed and her Rwandan counterpart Louise Mushikiwabo sought support for an extraordinary session of the AU next month on Africa’s relationship with the ICC and support from any AU member state in the form of amicus curiae representation on Ruto’s appeal of the ICC decision that he needs to attend all sessions. Why? Because, apparently, of the non-response of the ICC to the AU’s request to refer the two cases back to Kenya for trial under a national mechanism. That request has no grounding in law — there is no provision for such referral in the Rome Statute — or in fact — there is no national mechanism for such trials, the proposed International Crimes Division not being up and running. Law and fact notwithstanding, in the wisdom of the AU and AU Commission chairs, Kenyatta and Ruto cannot be out of the country at the same time, affecting Kenyatta’s ability to meet his international obligations. And, apparently, gutting Kenyans by their inability to be with us for our 50th Independence celebrations. It’s laughable. Yet it’s not. Frankly, Kenyatta and Ruto should have thought of this possibility before standing for the general election. Many urged them to do so and were duly ignored. That said, given the size of the unnecessary parliamentary entourage at the Hague, it’s clear these trials will compromise not just executive business, but also parliamentary business. Thus, if Kenyatta and Ruto are unable to discharge their constitutional obligations — and are compromising parliament’s ability to do the same — the Constitution is clear. They can step down from office. Or parliament can remove them. Or the judiciary can be brought into play to remove them. Ditto all parliamentarians and other state officers who’ve decided that the personal interests of two of the suspects supersede common sense and their own constitutional obligations. The state is not a toy. Neither is the AU. It and its member states should not bend over backwards to accommodate these personal interests. It makes them look ridiculous. www.theeastafrican.co.ke/OpEd/comment/Cannot-attend-trial-and-run-the-country/-/434750/2001536/-/9mn316/-/index.html
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Post by Deleted on Sept 23, 2013 21:05:51 GMT 3
How Museveni, Kagame tried to stop Kenyan leader from going to the ICC By DANIEL K. KALINAKI | Sunday, September 15 2013 Uganda and Rwanda asked Kenya President Uhuru Kenyatta to stop his deputy William Ruto from flying to The Hague as his trial on charges of crimes against humanity kicked off last week, highly placed sources have told The EastAfrican. The request was tabled when President Kenyatta met Uganda’s Foreign Affairs Minister Sam Kutesa and Rwanda’s Louise Mushikiwabo in Nairobi on September 8, two days before Mr Ruto flew out to the International Criminal Court. The EastAfrican has learnt that President Kenyatta insisted on his deputy attending court, arguing that failure to appear before the ICC could trigger a warrant of arrest and “the argument of whether they are innocent would be lost.” The request was part of the behind-the-scenes efforts by the African Union to stop the prosecution of President Kenyatta and his deputy on charges of crimes against humanity at the ICC in The Hague. Mr Ruto and journalist Joshua Sang entered a “not guilty” plea to charges of murder, deportation or forcible transfer of population and persecution over the 2007/8 post-election violence that left 1,133 people dead and displaced 650,000 others. President Kenyatta, whose trial is set to begin on November 12, is charged with murder, deportation or forcible transfer of population, rape, persecution and other inhumane acts. Aggressive effort After failing to stop Mr Ruto’s brief appearance in the ICC dock last week, African states, led by the African Union and masterminded by Uganda, are now pursuing an aggressive diplomatic effort to halt the trials. The strategy involves mobilising support across the continent “to turn a trial of two Kenyan politicians, into a trial of the African people.” Kenya’s Foreign Minister Amina Mohammed last week led a delegation of regional diplomats to Addis Ababa to lobby Nkosazana Dlamini Zuma, the chairperson of the African Union Commission, to have the AU spearhead the lobbying against the ICC. Following the meeting, and teleconferences between the foreign ministers of Kenya, Rwanda, Ethiopia and Uganda between September 8 and 9 at which a strategy was developed to drum up pressure against the ICC, Ethiopia’s Prime Minister Hailemariam Desalegn wrote to the ICC on September 10, urging it to respond to a request to transfer the cases against the two politicians and the journalist to local courts in Kenya. “Until the request of the AU is considered and clearly responded to, the case should not proceed,” Mr Hailemariam wrote, in his capacity as current chairperson of the 54-member African Union. Special summit In addition, President Yoweri Museveni has successfully sought an extraordinary summit of the African Union, whose sole agenda will be Africa’s relationship with the ICC. The meeting is to be held in October, ahead of the start of President Kenyatta’s trial. According to diplomatic sources, the summit is expected to arrive at a resolution on the ICC that would force the UN to negotiate a deal to halt the trials. Efforts to fight the cases started as soon as President Kenyatta and Mr Ruto were sworn in, with the Kenyan leaders seeking the support of President Museveni to mobilise support against the ICC. This culminated in Uganda sponsoring a motion at the AU Summit in Addis Ababa, Ethiopia, in May, at which a resolution was passed urging the ICC to refer the cases back to Kenya. “African leaders have come to a consensus that the [ICC] process that has been conducted in Africa has a flaw,” Mr Desalegn told reporters at the end of the May summit, which also marked the 50th anniversary of the AU. “The intention was to avoid any kind of impunity... but now the process has degenerated into some kind of race-hunting.” The ICC, however, brushed off the resolution as a political instrument that had no bearing on a judicial process. Undeterred, African diplomats have continued to rally support against the process in The Hague using a two-pronged strategy. For the full version of this story, click here www.africareview.com/News/How-Museveni-tried-to-stop-Kenyan-leader-going-to-The-Hague/-/979180/1993422/-/k8f9r6/-/index.html
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Post by OtishOtish on Sept 23, 2013 21:29:03 GMT 3
Kathure: African countries are making fools of themselves at the ICC. Consider, for example, what was advertised on Jukwaa as an "EA Onslaught On The ICC". I've got quite a few chuckles out of it. Take a look at this request from Rwanda, to be a "friend of the court": www.icc-cpi.int/iccdocs/doc/doc1642604.pdfThe legal questions aside, it is properly written, etc. Now, take a careful look at the one from Burundi, especially the first and last page: www.icc-cpi.int/iccdocs/doc/doc1643520.pdfThe quality suggests a document that was faxed and then some manamba minister scribbled on the first and last pages. But that's not the end of it:Read carefully Bensouda's response in the last paragraph (no. 9) here: www.icc-cpi.int/iccdocs/doc/doc1648596.pdfThe hard truth is that the AU leaders are usually happy to make meaningless noises, but they are mindful of their own interests. The Criminal Duo might get a few joker-countries to pester the ICC, but no African country that considers itself to be a serious country (whether or not it is) will actually do more than than that. What's more the ICC has already, since the Bashir case started, gone through these "mass withdrawal threats". The court tried to make the situation clear a couple of months ago, and it has done so again. I doubt that it could be clearer than this: www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Documents/pr943/130913-VPT-reply-to-AU.pdfTranslated: "Stop writing us silly letters! This is a serious court of law. If you have a properly founded legal request, then make it and do so properly. Otherwise, please fwack off. Didn't we already tell you this ?!?"
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Post by Deleted on Sept 24, 2013 6:12:15 GMT 3
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Post by b6k on Sept 24, 2013 7:13:48 GMT 3
The open season on muslims especially those of somali extraction has began in ernest. ************************** SUNDAY, SEPTEMBER 22, 2013 Woman accuses police of shooting husband By PETER OBUYA A woman on Sunday accused the security forces of inflicting severe injuries on her husband following the terror attack at the Westgate mall. Mrs Khadija Ali claimed her husband, Mr Ali Kiai Gitonga, was shot by Kenyan security officers at the Westgate mall after he was suspected of being one of the attackers. Kathure, I suppose you can't get more Somali name than Ali Kiai Gitonga, eh?
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Post by b6k on Sept 24, 2013 7:20:37 GMT 3
I read that as good news for all. Bens just needs to make her case. I have missed a great deal of this thread, but I am sure its had its "moments". Welcome back Njakip! Actually the Jukwaa log records reflect you've been lurking almost daily so I doubt you missed the "moments". Good to see you around and engaging once again....
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Post by mwalimumkuu on Sept 24, 2013 8:38:46 GMT 3
What was the prosecutor trying to say in the application by Ruto to travel back home? That Uhuru can as well appoint any other person to act as his deputy?
~~ Mwalimumkuu @nyumbakubwa ~~
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Post by kamalet on Sept 24, 2013 9:02:14 GMT 3
Good to see that rather than lurk, NJAKIPhas found some voice to return and talk at us on the ICC.
On the amicus briefs from Nigeria to Burundi and everyone that filed the briefs, the wording of their filing is exactly the same. Zeroing on the fax copies and quality of the document filed misses the point. What these countries have done is exactly what the Presidency suggested that the AU gets its members to engage the appeals chamber and they will be heard there. The inclusion of Nigeria was to expand the regional scope of the filings. I would like to believe that the selection of October 13 as an AU summit date on the ICC is intended to tie in with decision of the Appeals chamber on the Ruto case.
It is equally interesting that Uhuru has also changed his application for excusal now willing to appear at the opening and the closing ONLY failing which then he attends on video link.
I think the continued sitting in court of PORK and DPORK in court serves little purpose if they are willing to continue cooperating with the court.
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Post by podp on Sept 24, 2013 16:19:53 GMT 3
What was the prosecutor trying to say in the application by Ruto to travel back home? That Uhuru can as well appoint any other person to act as his deputy? ~~ Mwalimumkuu @nyumbakubwa ~~ the South African Constitution allows for acting President in the absence of the substantial one. old Madiba stretched it during his tenure to even let King Buthelezi who was in the opposition act one time when both himself and deputy President de Klerk were out of the country. in the Constitution of Kenya 146 explains the office of President shall become vacant....dies, resigns or as in 144....National Assembly motion. all those read like antagonistic as none of the clauses is friendly. for the case of the deputy President 150 deals with removal on ground of incapacity (physical or mental), impeachment, criminal act and gross misconduct. again all these are antagonistic. now it makes sense why both PORK and deputy PORK will spend all their days in power disentangling themselves from the ICC as the provisions in the Constitution of Kenya are only good if they are at loggerheads not when they are working to escape ICC. once out of ICC they can, like 'nguruwe hujikaranga kwa mafuta yake' sating by old Moi now go for each other. again it is the deputy PORK who will be mince meat from the use of the Constitution. so ICC will not get any help for now from both PORK and deputy PORK unless they latch on one and let the other off. if that was to occur we return to politics 401
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