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Post by Onyango Oloo on Feb 26, 2013 14:38:01 GMT 3
According to my Twitter account:
Dennis Itumbi @oleitumbi
Just In: ICC Prosecution wants Kenyan cases pushed to August in a filing before the court
3:31 a.m. - Feb 26, 2013 (You can figure out the time zone on Twitter because I saw this a few minutes ago and it is just past 14:39 here in Nairobi).
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Post by nowayhaha on Feb 26, 2013 16:21:56 GMT 3
Things are getting better and better for UhuRuto www.kenyan-post.com/2013/02/icc-fatou-bensouda-wants-uhuru-kenyatta.htmlTuesday February 26, 2013 - News just in indicates that the International Criminal Court (ICC) Prosecution now wants the cases connected to Deputy Prime Minister Uhuru Kenyatta and William Ruto to be pushed to August this year so that the prosecution can prepare their evidence well. In a filling she made to Pre-Trial Chamber V judges on Tuesday, the ICC Chief Prosecutor Fatou Bensouda requested the court to give her more time to prepare the evidence to nail the four suspects. She said she needed an extra four months from the date of trial (April) so that the defense of the suspects and the prosecution can smoothen their evidence. This is good news to Uhuru and Ruto since they had earlier requested a postponement of the cases due to introduction of new witnesses and evidence. Uhuru, Ruto, former Head of Civil Service Francis Muthaura and radio presenter Joshua Sang have been indicted by the ICC court and their trials are supposed to begin in April. The four are accused of committing heinous crimes during the 2007-08 post election violence where 1133 people died and over 650,000 displaced. Uhuru and Ruto also are running for top seats in the coming election and this may give them a new lease of life in their journey to State House on March 4th.
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Post by OtishOtish on Feb 26, 2013 16:40:16 GMT 3
Somewhat inaccurate As is this: What Bensouda actually said "The Prosecution is ready for trial and wishes trial to proceed. At the same time, the Prosecution recognises that logistical constraints such as courtroom availability make a trial on 11 April 2013 unlikely. Therefore, the Prosecution does not object to a reasonable adjournment, to allow time for protective measures to be put in place for the witnesses whose identities remain to be disclosed (“Delayed Disclosure Witnesses”) and to provide the Defence with adequate time to prepare. "www.icc-cpi.int/iccdocs/doc/doc1557154.pdfOther highly relevant stuff from the OTP: jukwaa.proboards.com/index.cgi?board=general&action=display&thread=7906&page=5
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Post by b6k on Feb 26, 2013 17:07:45 GMT 3
Somewhat inaccurate As is this: What Bensouda actually said "The Prosecution is ready for trial and wishes trial to proceed. At the same time, the Prosecution recognises that logistical constraints such as courtroom availability make a trial on 11 April 2013 unlikely. Therefore, the Prosecution does not object to a reasonable adjournment, to allow time for protective measures to be put in place for the witnesses whose identities remain to be disclosed (“Delayed Disclosure Witnesses”) and to provide the Defence with adequate time to prepare. "www.icc-cpi.int/iccdocs/doc/doc1557154.pdf Otishotish, adjournment is adjournment by any other name. If I was a conspiracy theorist I would hazard a guess that the "masters of the universe" in that other country whose hat you often wear are getting cold feet with proceeding with trials so soon after the elections. Could be a case of let the emotions come down a tad before we try to skewer the lads ;D
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Post by OtishOtish on Feb 26, 2013 17:52:16 GMT 3
Otishotish, adjournment is adjournment by any other name. If I was a conspiracy theorist I would hazard a guess that the "masters of the universe" in that other country whose hat you often wear are getting cold feet with proceeding with trials so soon after the elections. Could be a case of let the emotions come down a tad before we try to skewer the lads ;D I thought the OTP was merely responding to the strong and persistent requests by the Defence Teams. But perhaps the Masters of The Universe made the Defence do it? Good thing you are not a conspiracy-theorist; nobody should be that dense.
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Post by b6k on Feb 26, 2013 18:11:59 GMT 3
Otishotish, adjournment is adjournment by any other name. If I was a conspiracy theorist I would hazard a guess that the "masters of the universe" in that other country whose hat you often wear are getting cold feet with proceeding with trials so soon after the elections. Could be a case of let the emotions come down a tad before we try to skewer the lads ;D I thought the OTP was merely responding to the strong and persistent requests by the Defence Teams. But perhaps the Masters of The Universe made the Defence do it? Good thing you are not a conspiracy-theorist; nobody should be that dense. Half the electorate believe Raila took Uhuruto to The Hague while the other half believe Raila remains committed to the reform movement. You would be surprised what people can believe....
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Post by mwalimumkuu on Feb 26, 2013 18:21:00 GMT 3
Otishotish, adjournment is adjournment by any other name. If I was a conspiracy theorist I would hazard a guess that the "masters of the universe" in that other country whose hat you often wear are getting cold feet with proceeding with trials so soon after the elections. Could be a case of let the emotions come down a tad before we try to skewer the lads ;D I thought the OTP was merely responding to the strong and persistent requests by the Defence Teams. But perhaps the Masters of The Universe made the Defence do it? Good thing you are not a conspiracy-theorist; nobody should be that dense. It just keeps getting better and better each passing day for the two. The truth is, both the prosecutor and the court itself will need time to figure out how to deal with a president Uhuru and Deputy President Ruto who are very willing to appear in that court for those frivolous charges.
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Post by b6k on Feb 26, 2013 20:08:33 GMT 3
Folks it's now official. To the naysayers amongst us who believe African demands do not amount to a hill of beans (& gourds I suppose), the ICC confirms the cases will be heard after their summer recess which ends on August 12th. A new date, beyond 12 August 2013, is yet to be set. ICC accepts to adjourn Kenyan suspects trialBy Judy Nguta Nairobi, Kenya: International Criminal Court Prosecutor Fatou Bensouda has consented to a request that hearing of cases against four Kenyan suspects be adjournment until August instead of April. Jubilee alliance presidential candidate Uhuru Kenyatta, his running mate William Ruto, Former head of public service Francis Muthaura and radio journalist Joshua Sang are facing charges of crimes against humanity at the ICC. “The Prosecution suggests that a start date immediately after the Court’s summer recess may be appropriate, although it is ready to start trial earlier, should the Chamber so order,” read a statement from Bensouda. The court’s summer recess is scheduled from July 19 to August 12. The April 10 trial date for William Ruto and Joshua Sang as well as the April 11 for Uhuru Kenyatta and Francis Muthaura have thus been vacated for a date to be set later.
In the statement, Bensouda stated that it was necessary for the Kenyan public , particularly the victims of the 2007-2008 post-election violence, to be assured that the trial will, in fact, commence in the coming months. The Government had earlier, through Attorney General Githu Muigai, hinted that it wanted The Hague trials against two presidential candidates; Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto postponed because of the likelihood of a run-off in the race to State House. Before the February 14 status conference, the ICC Chief Prosecutor had however said that no changes were going to be made to the timetable on the Kenya cases. www.standardmedia.co.ke/?articleID=2000078183&story_title=Kenya-ICC-accepts-to-adjourn-Kenyan-suspects-trial-Otishotish, pray tell, why is the prosecutor singing a new tune now?
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Post by joblesscorner on Feb 26, 2013 20:16:25 GMT 3
Jukwaa,
Remember Makau Mutua Crystal balls, wrote down that Uhuru and Ruto will not be in kenya for the Swearing in since the Hague as he put it will not accept the postponement of the trials, he said ICC is not a kangaroo court to adjust it's calendar......the Usual braggadocio..... now who is taking to the bank.
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Post by b6k on Feb 26, 2013 20:27:57 GMT 3
Daily Nation's take.... ICC prosecutor agrees to push trials to AugustThe International Criminal Court Prosecutor Fatou Bensouda has consented to requests by the four Kenyan suspects to have their trials adjourned. Prosecutor Bensouda however proposes that the trails should start " immediately after the Court’s summer recess." In a letter to the Court, Ms Bensouda states that she is still ready to proceed with the trials should the Judges reject the suspects' requests for an adjournment. "The Prosecution suggests that a start date immediately after the Court’s summer recess may be appropriate, although it is ready to start trial earlier, should the Chamber so order," said the prosecutor. The Court's three judges now has to rule on the suspect's request for adjournment.
Jubilee Alliance presidential candidate Uhuru Kenyatta, his running mate William Ruto, former head of civil service Francis Muthaura and former radio journalist Joshua Sang are facing charges of crimes against humanity allegedly committed at the height of Kenya's post-election violence in 2007 and 2008. The suspects had made requests for their respective trials to be adjourned to prepare better for their cases. In her consent to the adjournment, Prosecutor Bensouda acknowledged the logistical challenges for the court that make it difficult to start trial in April."The Prosecution recognizes that a variety of logistical constraints make a trial on 10 April 2013 unlikely. Therefore, the Prosecution does not object to a reasonable adjournment, but recommends that the Trial Chamber set a new date now to provide more certainty for the parties and victims," said Ms Bensouda in her letter to trial chamber 5 with regard to charges against Mr Ruto and Mr Sang. " Because it appears that the Court’s operational restraints may make an April start date untenable in any event, the Prosecution does not object to a reasonable adjournment...the Prosecution suggests that a start date immediately after the Court’s summer recess may be appropriate," she adds. Ms Bensouda makes a similar concession in the cases against Mr Kenyatta and Mr Muthaura.Mr Kenyatta and his running mate Mr Ruto now stand a chance of being in the country for a potential runoff should the Judges grant their request for an adjournment.Various opinion polls have indicated that a presidential runoff is most likely between Mr Kenyatta and his main rival Prime Minister Raila Odinga.
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Post by OtishOtish on Feb 26, 2013 20:32:49 GMT 3
Folks it's now official. To the naysayers amongst us who believe African demands do not amount to a hill of beans (& gourds I suppose), the ICC confirms the cases will be heard after their summer recess which ends on August 12th. A new date, beyond 12 August 2013, is yet to be set. I think I may have missed something. I am aware of the consent from Bensouda, I am not aware of that the court (i.e. judges) have agreed to it. I ask because the court's weekly newsletter, issued yesterday, still shows (page 5 of www.icc-cpi.int/iccdocs/PIDS/wu/ED161_ENG.pdf)Judicial developments
• 10 April 2013 Opening of the trial scheduled in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang
• 11 April 2013 Opening of the trial scheduled in the case The Prosecutor v. Francis Kirimi Muthaura and Uhuru Muigai KenyattaOf course, the trial could be postpned, but would you please provide a link to the Trial Chamber's decsion on that? As for your remark about the court listening to Africans, of course the court listens to the Africans that it is prosecuting (as well as their Defence teams). That is a legal right. What it does not listen to is the Africans grouped under "AU", "EAC", "XYZ", ... and nothing has changed about that. The Defence has made several requests, and the OTP has consented to them. That's why. Contrary to popular myth, it the job of the OTP to fight the Defence on every point; such an approach would in fact be counter-productive for the Prosecution. This is not a case of who is the "most macho" or whatever. When you are ready to go beyond the reporting of our daily rags, go through the paperwork at the ICC, and you will find numerous instances of the OTP agreeing to requests from the Defence. By the way, can you clarify something: what exactly about all this this is making you so excited?
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Post by chokoraa on Feb 26, 2013 21:20:41 GMT 3
Otishotish, pray tell, why is the prosecutor singing a new tune now? b6k, this is a strategy. 1 Bensouda has hit a wall with the current government in her investigations, assume a new government in place by May - get the evidence she wants and pin civillian Uhuru and Ruto completely. This may not be possible iff the trial begins next month. 2 Take Muthaura back to the ptc, clear him and the kitchen cabinet(read kiambu mafia), but use his song to nail the other two? Somebody has decided to sing? Do you believe the prosecution will let the defence have their way that easily?? My two cents
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Post by b6k on Feb 26, 2013 22:03:03 GMT 3
Folks it's now official. To the naysayers amongst us who believe African demands do not amount to a hill of beans (& gourds I suppose), the ICC confirms the cases will be heard after their summer recess which ends on August 12th. A new date, beyond 12 August 2013, is yet to be set. I think I may have missed something. I am aware of the consent from Bensouda, I am not aware of that the court (i.e. judges) have agreed to it. I ask because the court's weekly newsletter, issued yesterday, still shows (page 5 of www.icc-cpi.int/iccdocs/PIDS/wu/ED161_ENG.pdf)Judicial developments
• 10 April 2013 Opening of the trial scheduled in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang
• 11 April 2013 Opening of the trial scheduled in the case The Prosecutor v. Francis Kirimi Muthaura and Uhuru Muigai KenyattaOf course, the trial could be postpned, but would you please provide a link to the Trial Chamber's decsion on that? As for your remark about the court listening to Africans, of course the court listens to the Africans that it is prosecuting (as well as their Defence teams). That is a legal right. What it does not listen to is the Africans grouped under "AU", "EAC", "XYZ", ... and nothing has changed about that. The Defence has made several requests, and the OTP has consented to them. That's why. Contrary to popular myth, it the job of the OTP to fight the Defence on every point; such an approach would in fact be counter-productive for the Prosecution. This is not a case of who is the "most macho" or whatever. When you are ready to go beyond the reporting of our daily rags, go through the paperwork at the ICC, and you will find numerous instances of the OTP agreeing to requests from the Defence. By the way, can you clarify something: what exactly about all this this is making you so excited? Otishotish, the judges are reasonable people & will listen to a reasonable request no doubt. As for macho whomevers, I believe he retired after 9 years at the helm chasing rainbows. I wish his successor well, but I doubt, irrespective of the reams of evidence they purport to have, that they will get a conviction. The KE suspects wrong footed the ICC from the word go, by daring to go to The Hague. This was not a situation the ICC was prepared for as all previous cases involved escalation in absentia. That is what "excites" me about how Kenyans are playing the ICC like a harp...
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Post by b6k on Feb 26, 2013 22:04:49 GMT 3
Otishotish, pray tell, why is the prosecutor singing a new tune now? b6k, this is a strategy. 1 Bensouda has hit a wall with the current government in her investigations, assume a new government in place by May - get the evidence she wants and pin civillian Uhuru and Ruto completely. This may not be possible iff the trial begins next month. 2 Take Muthaura back to the ptc, clear him and the kitchen cabinet(read kiambu mafia), but use his song to nail the other two? Somebody has decided to sing? Do you believe the prosecution will let the defence have their way that easily?? My two cents Chokoraa, your assumption being the current government (or should I say, half of it) has retained the said evidence that can incriminate itself to this day....
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Post by OtishOtish on Feb 26, 2013 22:12:03 GMT 3
That is what "excites" me about how Kenyans are playing the ICC like a harp... Yes. Kenyans are very clever people. The whole world knows that, on the basis of very solid evidence that Kenyans put forth every day and in every respect of how Kenya is run. Truly, I fear for Bensouda and the ICC, but that will teach them not to mess with Kenyans!
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Post by phil on Feb 28, 2013 18:47:14 GMT 3
Itumbi is a paid propagandist. He does not have the faintest idea on ICC matters. Everyone actually saw on live TV Kenyatta and Muthaura request for April vacation and the judges asking them to put their requests in writing. OTP has done no such thing! Here is OTP response to those thinking like Itumbi. www.standardmedia.co.ke/images/icc/icc.pdf
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Post by kamalet on Feb 28, 2013 18:53:35 GMT 3
Itumbi is a paid propagandist. He does not have the faintest idea on ICC matters. Everyone actually saw on live TV Kenyatta and Muthaura request for April vacation and the judges asking them to put their requests in writing. OTP has done no such thing! Here is OTP response to those thinking like Itumbi. www.standardmedia.co.ke/images/icc/icc.pdf OTP actually did ask for dates in August
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