Kenya challenges Ocampo Six cases

[nowayhaha]

Kenya has filed an application with the International Criminal Court seeking a determination that the post election violence cases are inadmissible before the court.


The government filed the application Thursday pursuant to Article 19 of the Rome Statue that established the ICC.

"This is to confirm that Counsels, Sir Geoffrey Nice Q.C. and Rodney Dixon, Barrister-at-Law have today, on behalf of the Government of Kenya, filed an application pursuant to Article 19 of the Rome Statute establishing the International Criminal Court (ICC), respectfully requesting the Pre-Trial Chamber to determine that the two cases currently before the ICC are inadmissible before the ICC," said a statement from Attorney General Amos Wako's office.

Under Article 19, a State may challenge the admissibility of a case before the ICC on grounds that it is investigating or prosecuting the case in question or has investigated or prosecuted the said case.

This opportunity is only afforded once.

The two British lawyers have been retained by government to lead efforts to challenge the admissibility of the cases facing the Ocampo Six. The two held their first meeting with Mr Wako two weeks ago in Nairobi.

Mr Wako told the Sunday Nation that they lawyers were here to "form a preliminary opinion on the various issues before I can confirm their appointment".

“I want to handle this professionally, and I want an opinion from people who have practised before the ICC. I want an informed opinion.”

Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura, former Police Commissioner Hussein Ali, Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and radio presenter Joshua Sang have been accused of committing crimes against humanity during the post-election violence in 2007-2008.

They are expected to make an initial appearance at The Hague on April 7 and 8.

The two British lawyers tapped by the State Law Office have extensive legal experience in England and have also practised international criminal law.
www.nation.co.ke/News/politics/Kenya+challenges+Ocampo+Six+cases+/-/1064/1136322/-/t22ooo/-/index.html

[gachquota]

Its too late i guess.

[adongo23456]

Great. Remember the admissibility application can only be allowed once. There was a good advice to Kenya to wait until they have something to show they are actually prosecuting the case and they have a credible mechanism to do so. Of course the scared clueless Kibaki mob decided they have to do it now in the hope of avoiding the whole Hague process altogether.

The reality is that at the moment it is going to be impossible to convince the ICC judges that Kenya has put anything in place to deal with the Ocampo six. How can they when the Ocampo mob are holding daily rallies vilifying the ICC and threatening people who don't support them? How can they when the president himself wrote to the UNSC telling them two of the accused are presidential candidates and getting charged them with criminal offenses will set the country on fire? Ocampo needs to give that letter to the judges. I am sure he has it.

I also think the civil society groups should apply to join the case as friends of the victims and present their side of the story demonstrating the fact that the Ocampo big three cannot be charged and tried in Kenya because they basically run the government.

If ever there was a chance to defeat the government in this admissibility argument, now is the perfect time. Thanks to the government for applying now. This is going to be a real battle. I wonder if the ODM is going to master the courage to intervene as well but it really doesn't matter. The war is ON and it will be won.

[Titchaz]

Mar 31, 2011 18:14:40 GMT 3 adongo23456 said:

Great. Remember the admissibilty application can only be allowed once. There was a good advice to Kenya to wait until they have something to show they are actually prosecuting the case and they gave a crediblel mechanism to do so. Of course the scared clueless Kibaki mob decided they have to do it now in the hope of avoiding the whole Hague process.

The reality is that at the moment it is going to be impossible to convince the ICC judges that Kenya has put anything in place to deal with the Ocampo six. How can they when the Ocampo mob are holding daily rallies vilifying the ICC. How can they when the president himself wrote the UNSC telling them two of the accused are presidential candidates and getting charged with criminal offenses the country will go in smoke? Ocampo needs to give that letter to the judges.

I also think the civil society groups should apply to join the case as friends of the victims and present their side of the story demonstrating the fact that the Ocampo big three cannot be charged and tried in Kenya because they basically run the government.

If ever there was a chance to defeat the government in this admissibility argument, now is the perfect time. Thanks to the government for applying now. This is going to be a real battle. I wonder if the ODM is going to master the courage to intervene as well but it really doesn't matter. The war is ON and it will be won.

This whole conundrum of things begs me to ask WHO IS KENYA in this instance?...The PNU wing of Govt or both ODM and PNU wings?.. I dont see ODM supporting this thing especially with Anyang Nyong being back and facing the stupid case by Uhuru's learned-paid friend.

Na kama usemavyo the civil society acting as friends of the victims will muddy this process up. This Kibaki guy is just plain dumb. Where is a credible justice system to try these people? Aliambiwa this thing applies only in the now and not in the future.

Mzee Kibaki the train has left the station and it only seems you have one last option...ambia hao jamaa wasiende Hague kisha let Kenyans deal with them.

[adongo23456]

Titchaz,

We are going to demand that ODM writes to the ICC and explains their side of the story. I am going to check and see what is on the ground, but ODM has to put the money where there mouth is. It is time to stand up for the victims. Stay tuned.