ICC TRIAL CHAMBER REJECTS CHARGE AMENDMENT PROPOSALS BY SUSPECTS

http://www.icc-cpi.int/iccdocs/doc/doc1532400.pdf

http://www.icc-cpi.int/iccdocs/doc/doc1532402.pdf

You only need to go through the decisions above to see how mercilessly the trial chamber Judges have dismissed most defense requests prior to commencement of trials in a couple of months. They’ve been particularly firm against Uhuru and Muthaura defenses who made some ridiculous requests to the OTP regarding amendment of the Document Containing Charges. These Judges in my view, seem to hold the Confirmation of Charges decision with esteem…which should be a warning sign to the accused. The Trial Chamber Judges seem to be on the same page with Pre-Trial Chamber Judges on most contextual arguments.

Curiously, Uhuru’s defense indirectly wanted to drag in Mungiki’s Maina Njenga as a co-perpetrator in the case…but the Judges disagreed…only allowing sentimental mention of his name alongside Mungiki.

Muthaura’s defense suffered another heavy blow when the chamber agreed with Bensouda that Muthaura’s instructions to the Police weren’t necessarily made through Maj. Gen. Ali alone. The OTP looks ready to unleash a plethora of evidence showing Muthaura had other direct links to the police force ( maybe through avenues such as former AP Commandant Kinuthia Mbugua, GSU Commandant, and other senior cops), through which he could have instructed them not to interfere with Mungiki attacks. Bensouda indicated she not only gathered more evidence, but still in the process of getting more. I suspect we should brace for a very interesting bean-spilling court-room experience shortly after the first round/elections.

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21 comments on “ICC TRIAL CHAMBER REJECTS CHARGE AMENDMENT PROPOSALS BY SUSPECTS

  1. the defence teams have been given a lot of rope.

    looking forward to OTP’s response to the numerous twists and turns from the defence

    there is a common and twofold thread running through the defence teams and that is time and on disclosure/redactions

    its clear that the defence teams are rattled that after removal of witness no.4 they are still in the dark about how strong the OTP case is, and they are truly concerned

    now they want to seperate uhuru’s case from muthaura’s

    ===

    nice

    the victims, attorney has finally put this back into perspective. its about the victims as much or if not more than that of the suspects

    • And like it or not like it, the two cases are going to run concurrently! One in the morning and the other in the afternoon.

      And with that, the talk about the Deputy President running the country as the President attends trial and vice versa is dead on arrival. I’m laughing my head off! Heheheee!!

      Oh, when it rains it also pours!! Some people are already cursing the day they were born!

      • exactly right einstein

        the cases happen one in themorning the other in the afternoon or at least less than 12 hours apart.

        also uhuru has applied to attend the court via skype and “rule” the country physically, quite a contrast and turn around from the previous undertaking that he will attend live and rule via skype

        looks like goalposts are changing everyday now that the fruit looks more juicy as it becomes within reach

        something tells me ruto’s days are numbered as such favor cannot be extended across the board

        like i said earlier, ruto’s usefulness expires on march 4 at midnight

        tick tock tick tock

      • tnk,

        How do you think is Uhuru going to justify that application? I do not think that it matters to the court that Uhuru might be the President of Kenya and hence requires time to attend cabinet meetings. Should the court grant Uhuru that privilege, then the same must be extended to Ruto! So, I would think.

        Someone like Muthaura who has a heart condition stood a better chance with such an application.

        “also uhuru has applied to attend the court via skype and “rule” the country physically, quite a contrast and turn around from the previous undertaking that he will attend live and rule via skype”

  2. `
    Tomorrow we shall witness the status conference proceedingsUhuru and Ruto will be hiding in bunkers video-conferencing through the proceedings…very afraid to travel to the Hague like Muthaura and Sang have done.

    1) Public relations exercise. The optics of a Presidential and Deputy Presidential candidate trooping to the Hague for summons over a status conference doesn’t auger well towards the citizens they intend to govern. Camera splashes and TV clips on mainstream media of the duo in or en route to court automatically implant the perception of Washtakiwa …very damaging to the undecided and swing voters! It doesn’t look presidential at all. Remember Ruto in court last week over the Muteshi case – a lot of TNA operativea are already expressing misgivings about Ruto in the ticket…claiming he is ‘too dirty’. The optics of ‘charged in court’ is part of what these fellas are trying to avoid.


    2) The entire world will wait to hear whether Uhuru and Ruto will give their promise that no matter the outcome of the March 4th election, they will be heading for trial at the Hague in April…a vantage from where they can’t loiter out of until their trial ends…probably four years later!

    `
    3) With the kind of non-cooperation ICC has lately been receiving from Kenya (since the death of Prof. Saitoti & Mutula Kilonzo’s transfer from Justice Ministry)…the two candidates are frankly not too sure about status of their summons terms. Serious OTP allegations about witness intimidation and tampering have come up officially. These things could evolve fast. ICC wouldn’t give a rat about Kenya’s electoral calendar when it comes to enforcing its own laws and rules…even if it means unleashing secret bench arrest warrants and locking the accused up.

    `
    4) Githu Muigai has lately been engaged in fighting the ICC over the latter’s request to freeze assets of the four accused. Githu argues that such requests cannot be acceded to without a court order. He has essentially joined the defense teams of the suspects – at taxpayer expense. Githu also claims that asset freezes and forfeitures can only happen after a person is convicted. Of course he must be reading his own concoction of the Rome Statutes.

    Githu’s is the biggest lie and misinterpretation of the Rome Statute. The aim of this asset freeze requirement is to deliberately prevent suspects from concealing and transferring their wealth prior to sentencing and orders for restitution of victims. If ICC wasn’t freezing assets early in the game, all suspects would transfer and hide their wealth then claim brokeness upon conviction – when its time to pay restitution and compensate victims.

    Jean Pierre Bemba’s case is a classic example. Bemba’s assets were frozen long before his actual trial started (Pre-trial phase) under the same Article (77) of the Rome Statutes. Bemba has to beg the court each time he needs money to pay lawyers or assist family with emergencies (which are to be determined by the court).

    It is clear the Kenyan duo have been treated with kid gloves so far — all because of non-cooperation from the likes of Githu, Kimemia, Gichangi, and the cops who have refused to give testimonies requested by OTP. Probably all this will change after this election.

    This matter of asset-freezes and property forfeitures is more serious than folks think. People lost their entire fortune in places like Eldoret, Kericho, Nakuru et al. Everyone has noticed the government’s silence when it comes to compensating such victims of property damage, theft, looting and arson. They refused to do it –to avert massive claims from all corners of the country.

    The person who understands the full magnitude of this issue is former victim rep — Sureta Chana who made fierce attempts to include property damage and arson as part of charges for Ruto. There are a lot of Agikuyu and Abagusii victims who lost billions worth in properties in Rift Valley who are eyeing Ruto’s looted wealth.

    They can’t certainly support Jubilee — precisely because they want restitution and compensation.

    It is obvious that a Jubilee government cannot support forfeiture of Ruto’s assets to compensate such PEV victims. These are some of the real reasons why Gusii was CORDED even before the election whistle was blown.

    In the meantime, Githu’s non-cooperation with ICC may have some unintended consequences which we might start having a feel of tomorrow!

    • `There it is – Uhuru does not wish to go anywhere near the Hague. He wants to attend trial via Skype. His lawyers (also) badly want the case moved to Arusha. Uhuru also wants the trial start date postponed – moved forward.

      But the Victims Reps says that’s too injurious to victims. Victims Rep specifically mentions that non-Kikuyu victims have been grossly ignored by this government – a FACT! What will the judges rule?

      • folks,

        I haven’t followed this today. Any updates? It is amazing that Uhuru keeps whining that there is no case againt him and there is no evidence nor witnesses and then they turn around and want more time because they just got 4,000 pages of evidence and 28 new witnesses. The way things look Uhuru’s idea of going to The Hague to “clear his name” may end up in a lifetime in jail.

        I will check out the details but one thing I know for a fact is that the silly idea of attending the trial through “Skype” is going to be thrown out. They will have to attend in person. That is very clearly stated in the Rome Statute. The court does not treat suspects as presidents, princes or queens. No, their is no muthamaki status in court. You are there as an indicted suspect and in no other capacity. It would be a mockery of the court to treat suspects differently according to their alleged status in their villages.

        Alternating the cases won’t work either. Just divide the schedule to a couple hours a week for each case.

        Anyway let me check what is going on.

      • Job,

        It looks like the Court postponed most of its rulings. On the ridiculous idea of Uhuru and co appying for a trial by through Skype, the court asked the lawyers to file written submissions by Feb. 29, 2013.

        What strikes me as a key indicator of what I think will be an obvious rejection of the request is that Judge Ozaki asked Uhuru’s lawyer to provide the legal basis for granting such a request as well as the logistics.

        Obviously Judge Ozaki is aware there is no legal basis as the Rome Statute specifically requires the physical presence of indicted suspects and even specifies the radius of 30km as the limit they can roam about even when not in court on any given day. So the lawyers will collect some handsome amount making an application that even they know is going nowhere. But for Uhuru that is just a nother porojo to go feed gullible folks that he is awaiting his application for trial through the internet. It is a heap of rubbish. That option is dead but the answer to that will come too late to help Mudavadi.

        For those wondering why I am talking about Mudavadi, my sense is that, when (not if) it becomes too obvious that Uhuru and Ruto cannot be in State House, it is very possible that for the fear of Raila some of those shetanis may twist Uhuru’s arm again to force them to step down and put their weight behind Mudavadi who in reality remains the only viable option for those folks.

        Secondly on the matter of alternating the charges so the cases can be heard in intervals it seems the court is bent on speedy hearing and has opted for alternating the cases by allocating 4 hours a day for each case. The court is also waiting for the possibility of another Trial Chamber which can only be appointed by the president of the court. Even if that were to happen the cases will pretty much be heard at the same time. That is another panya route which seems dead for the coalition of the accused.

        Third is the postpontment issue and it was vigorously opposed by the victims lawyer and it does look very likely. So far nothing doing for the indicted suspects.

        Judge Ozaki also reminded each suspect individually about their summonses to appear which she said remain in effect (April 10, 11, 1013) and the terms of their bail conditions. That seems to be the reason the court wanted the suspects to appear for what is usually routinely done by lawyers.

      • didn’t get a chance to follow the ruto/sang case, but followed muthaura / uhuru case as much as time allowed. we’ll upload the video once it becomes available

        the victim’s lawyer did a brilliant job, summing in about 3 minutes and totally torpedoing the 1.5 combined hour inputs of kay and khan. (the overly verbiose khan took up all the courts time).

        its amazing that the 3 minute address by the victims rep was the most sincere and probably that which will carry the day for this session.

        one thing however still puzzled me and that is why did the court find it necessary that the accused must be present to declare their commitment to the terms of the summons?

        well it appears to me that it has several possibilites

        a) its to acknowledge that the circumstances around the suspects are fast changing. consider that ocampo repeatedly warned that muthaura and uhuru (before they resigned) were negatively impacting and hindering OTP investigations. at the time muthaura was head of civil service while uhuru DPM and Min of Finance. well they both resigned, but now uhuru is gunning for presidency while ruto for deputy president. ….. do the math …… at the time the issues were blocking and intimidation of witnesses, evidence tampering etc. imagine what happens when they are at the absolute top of the food chain

        b) having declared in open court /publicly that they will honor and keep their commitment to the terms of the summons, should they fail to honor this, will immediately give rise to the consequences warned by the US and EU diplomats among others. i.e just like in the mudavadi saga, they are not to be trusted, which means any document they append their signature to will be as useful as …. jijazie …. but also that there will be legit cause of other forms of interventions. i think this is a loaded objective

        c) i also think that the court is deliberately but subtly reminding the two not to raise temperatures or influence the public in such a manner as to cause a repeat of the violence. its a tricky balance because they have seen exactly what kind of euphoria these two can elicit. incidentally these guys popularity and near mindless sycophancy exhibited by their supporters actually demonstrates that they have absolute command of what ocampo refered to as “the network”. they do not even need to give direct commands. as can be seen, any time the network beleives their leaders are in danger, they will coalesce around them to “protect them” as can be seen in this effort to propel them to top leadership. all that the OTP needs to demonstrate is that they have absolute control over the minds of their rabid supporters which is near irrational.

        no one else commands such blind loyalty. one can see there is simply no difference whether one is highly educated, well paid, or simple ill educated peasant. their collective unwavering support remains the same.

        now is that a good thing or bad? i leave that out there…

      • I listened to the sang/Ruto thing for sometime but not all.
        I think that the central argument was that the accused wanted 4 more months to prepare their cases as the prosecution has added more evidence and new witnesses. They claimed that some of the witnesses had testimonies of up to 300 pages which needed time to look through. Also the prosecution has added new dates of “meetings” and this they needed to investigate properly before proceeding.

        So it was buying time and buying time.

  3. hey guys

    looking at the obvious as stated by most of us here, and friends of kenya from the international community, its a no brainer that having suspects/indictees of war crimes against the very population they would like to lead is simply untenable

    but perhaps we need to fully understand the perspective of these war lords and their supporters

    for one, as we have all said over and over, the REAL intention of these two is NOT to govern or anything like that, but it is simply the only means they can see of ESCAPING (and i may add with IMPUNITY) the consequences of their poor choices.

    but the fascinating thing is
    a) how they have so cleverly managed to turn this around from being a millstone round their necks into a theme that points at their perceived political nemesis

    b) totally convinced and brainwashed their ethnic support base to blindly support them in this quest – ostensibly to save them from their hague date even if its only postponing the inevitable. on the downside, of course there is no telling how much damage / tampering with evidence that these two can inflict once in a position of power.

    the odd thing about some kenyans is that for some strange reason, even if they know they have made a poor choice, they want to “kaa ngumu” just for the heck of it. some kind of false bravado. is it any wonder that we are still saddled with the same issues we were meant to overcome since independence?

    anyway one must acknowledge that uhuruto are very sly/shrewd operators to hoodwink such large support base with obvious lies. either that or that the masses are totally clueless or delusional

    nevertheless the greater task on hand, is how to reach out to these masses and impress upon them the need to really appreciate the consequences of their choices.

    and the importance of making sober decisions that place country above the self preservation schemes of these two.

    • Folks,

      A few things of note:

      1. Here is Onyango Oloo, TNA talking from the wrong end of his anatomy. It is embarrassing that these are Uhuru’s Generals:

      Here is the ridiculous piece:

      http://www.standardmedia.co.ke/?articleID=2000073882&story_title=-Leaders-insincere-on-threats-of-sanctions-over-Uhuru-Ruto-win

      Before I respond to the core of Oloo’s fantasy I was amused when he talked about countries that will never cooperate with ICC and named US, UK, Canada, West Germany, Israel and Australia. Don’t’ laugh now. Didn’t someone tell Mr. Big Shot here that there si no country in the world called West Germany today. It ceased to exist on Oct 3, 1990 when Germany was unified. Come’on dude. If you can’t get the basic facts straight what else don’t you know. Plenty it seems. Canada where I have worked and lived for over 20 years is a full signatory to the Rome Statute and is obliged to fully cooperate with ICC if the situation arises. So is UK and Australia.

      2. The big argument of the impunity peddlers and those terrified of the fate their little gods Uhuru and Ruto must face at the ICC is that the US, the one with a big hammer over Kenya, is not a member of the ICC and should NOT be ordering countries to comply with the ICC or else. This is nonsense.

      The question we need to ask ourselves is this: If Mr. Obama was accused of murdering 1,300 Americans, helping to deport 650,000 from their homes, raping of over 10,000 American women and girls would he be the president of the United States of America? Not a chance. He would be staring at death penalty from an American jail as he awaits trial and if found guilty he would be roasted in an electric chair while Americans clap and sing outisde the jail house. Anybody accused even of minor theft, domestic abuse, drunk driving etc would not even dare contest for the presidency of the United States. Americans uphold the dignity of their presidency.

      Consequently if the Kenyan government had prosecuted kina Uhuru, Ruto and everybody else suspected of organizing the PEV we wouldn’t even be talking about the ICC. We are where we are because the mass murderers are protected by the state which they run. That is our problem. That is not an American problem. Then in panic after the gut wrenching crimes seen across the globe our own leaders committed themselves to the ICC process and unbelievably failed to hold their end of the bargain and basically invited the ICC to come and take up the cases. How does that become an American problem? We brought the ICC to our house and now some are crying because the ICC is doing what we asked them to do and the international community is standing in solidarity with the victims. Get real.

      3. The US, UK, EU and the West in general will have no problem with Kenya even if we elect the criminals as long as the criminals comply with the ICC requirements ang go for trial which as know could last for more than 4 years. If they can run their country from the Hague fine. The real problem is that the fantasy that Uhuruto can actually ran the Kenyan government from the Hague is dangerous fiction and they know it. They can’t and that leaves them with only one option namely to refuse to cooperate with ICC and push Kenya into a pariah state and that is when all hell gets loose. And we know that is the plan. That is why we hear all these nonsense about oh we shouldn’t worry about sanctions, oh we can finance 95% of out budget, oh China will help us etc. That is rubbish and is not even worth a response.

      4. Having realised that the pariah state option is not selling among Kenyans the merchants of impunity have now decided to peddle a new myth, namely that Uhuru and Ruto if they win can negotiate with the ICC to program the cases in such a way that one person goes first say for a year and the the other one runs the country then the next year the other one goes and so on and so forth. They argue ICC judges should assist the suspects to do that. How rich!

      These are the same people who have been screaming that the ICC should NEVER interfere with the Kenyan politics and leave that to Kenyans. Now they want the ICC to actually interfere with the Kenyan politics and accomodate the political needs and interests of the accused. Forget it. The ICC will program their schedule the way they see fit and it would be foolish to go there and ask them to work around the political needs of the suspects.. And these fools actually think that Kenya would be OK say for two years when the president is sweating for his life on crimes of having murdered Kenyans at The Hague. My answer to them, read Chapter Six of the Kenyan constitution at least more than once a day. It WILL NOT happen.

      As for me I am glad Uhuru and Ruto are running. The noise about the ICC they are hearing si going to get into a crescendo as election date comes close and of course the panic for Uhuru and Ruto is the relentless tick tock towards April 10, 2013. I am glad I will be alive to witness this for my country.

      • Adongo,

        I entirely agree that fantasy should have limits. Does TNA’s Onyango Oloo really mean this:

        The coming together of two of the largest vote blocs – the Mt Kenya bloc and the Rift Valley bloc – engineered by Uhuru, Ruto and their handlers, is one of the rarest feats of Kenyan politics.

        Sustainable peaceful co-existence between the Kikuyu and the Kalenjin in the Rift Valley is indeed a great achievement.

        Does this fella know the meaning of ‘sustainable’. Why is he turning a blind eye to the reason why there has been no peace between the Kikuyu and Kalenjin in the first place. Has it not got something to do with another Kenyatta and land matters? Must people bury their heads in sand in perpetuity? I suspect not many conscientious Kalenjin are going to buy this bull crap snake oil being sold by demagogic Ruto! Whether in Nakuru (where the Kenyattas own more than 100,000 acres), or Eldoret, there are those who clearly see Kenyatta’s presidency being antithetical to land reforms and devolution.

        Onyango’s desperate attempt to whitewash dire economic implications of electing the criminal duo is quite laughable amidst overwhelming empirical evidence in neighbouring Sudan. 5 years ago when Sudan’s al Bashir was chest-thumping and predicting no fiscal effect of Darfur-and-ICC-related US sanctions upon Sudan, little did he know that the ordinary Sudanese citizen would start feeling the crippling bite immediately.

        While elites with middle east and China/ South East Asia connections survive easily, the ordinary Sudanese bears the costs of the sanctions…hundreds of thousands have lost jobs and sources of livelihood. Despite abundant oil, religious roots to Saudi Arabia, and supply lines to China, the financial sector was immediately hit hard affecting all sectors of the economy. Hundreds of thousands of Sudanese citizens in the West found out they couldn’t simply remit funds back into Sudan.The costs of indirect remittances were exorbitantly high. Opportunities for young Sudanese to study in the West dried out quickly, with visa issuance facing huge hits…with the assumption that most beneficiaries would be kin of the very belligerent elite.

        Kenya is not Sudan. Sanctions would bite harder. We are too interdependent on the West. I am penning this very piece from – you guessed right – the West! More than a million Kenyans live in the West. The financial sector and major aspects of Kenya’s economy are virtually built on a foundation based in the UK and EU. If Barclays, Standard Chartered, leading insurers, exporters, oil extractors, and others just pause for a moment, we’ll be starring at economic paralysis. If tourists can’t come, and our exports can’t reach the EU and America, our goose is basically cooked. If regional humanitarian efforts migrate to a neighbouring country (one of the very first things to happen), tens of thousands of jobs and contracts will be lost immediately. It is not a joke. At least Onyango is candid enough to suggest that elites around Kibaki fear the very effects of such sanctions.

        There is nothing to laugh about possible relocation of UNEP from Nairobi because it is indeed a serious matter. This has been in the pipeline for years…premised on concerns around real insecurity (retail majambazi and terrorists)…there will now be more impetus to revive the relocation lobbying. Uhuru himself knows how much this very government has had to fight to maintain UNEP at Gigiri. Kampala, Addis, Bonn (Germany), and other capitals have been lobbying quite hard to get UNEP.

        It is also silly to suggest that the little 5% budgetary support (aka aid) from the West is the only much to be lost when sanctions kick in. The budget is not the economy. The locally raised 95% of budgetary allocation is a small drop in the ocean of our gross GDP that is highly dependent on the West! Apart from the insensitive disregard to aid beneficiaries of FPE and Malaria, TB, HIV/AIDS, and TB medications, this is the most disingenuous statement I’ve read in a while. The GDP is where sanctions actually hit…when you can’t do business with the West, your GDP automatically shrinks. The direct input into our economy (gross GDP) attributed to the West is the virtual bulk of the economy. Whether you talk finance, telecommunications, energy, hospitality sector, agribusiness, transport, and whatever, most Kenyan corporations do business with the West. Many of them are in fact owned by ‘the West’. They are some of our biggest and better-paying employers.

        The Western owners of:

        • Barclays
        • Standard Chartered Bank
        • StanChart Finance
        • East African Breweries
        • British-American-Tobacco (BAT)
        • Old Mutual
        * Citibank
        • Coca Cola
        • General Electric
        • IBM
        • Google
        • Boston Consulting
        • Intel
        • Mastercard
        • Cisco
        • Rockefeller
        • Sage Gp
        • Motorola
        • Pfizer
        • Pricewaterhouse
        • British American Insurance
        • BASF
        • Nescafe
        • Unilever
        • Eltech
        • CIBA
        • Chartis
        • Qualcom
        • Xerox
        • Shell-BP
        • Chevrolet
        • ITI
        • Stratlink Global
        • Sterling
        • Eveready
        • Visa Inc
        • Wellcome
        • Safaricom (Vodafone) and its MPESA
        • Microsoft
        • Hilton
        • Serena
        • Intercontinental
        • Holiday Inn
        • Other Int’l hotel chains
        • Sasini Tea
        * Sasini Coffee
        * Delmonte
        * Oserian
        * Finlays
        * Sher-Karuturi (which has a second flower-farm-export base in Ethiopia)
        * Homegrown
        * Flamingo Exports
        * Kakuzi
        * Rea Vipingo
        * Unilever Tea
        * Williamson Tea
        * Limuru Tea
        * Kapchorua Tea
        * Eaagads Coffee
        * Kenya Orchards
        • KQ
        • Tullow Oil
        * Total (K)
        * CMC Motors
        * GM
        * Car and General
        * Crown Berger
        * East African Oxygen (BOC)
        * Carbacid
        * Baumann
        • AMONG OTHERS
        • And of course thousands of NGOs and
        • International entities like World Bank (K)
        • IMF
        • ICAO
        • lLRI
        • UNEP
        • GTZ
        • Habitat
        • Red Cross

        — all know the dangers of electing these criminals President and Deputy President.

        The UK Ambassador, representing many of these corporation owners, has emphatically stated his government won’t have any relations with ICC washtakiwa! nor governments they purport to lead. This is a classic clash of values and civilization. As Adongo explains, in the West, you can’t be elected to any neighbourhood committee or school board if you have an ongoing criminal case. No one would talk to you. But in Kenya, Ruto would evict Muteshi from his farm, then a few years later report to court in the morning, only to appear at a rally in the afternoon talking about “kusema na kutenda”. He actually takes Kenyans to be bumbling idiots. The duo thinks ICC operates under the same paradigm and standards. Helloooo!!!!

        Well, the UK has sent signals it won’t be business as usual. Sanctions would be real. Any employee of these West-owned firms above (and their dependants) who vote for Kenyatta will basically be voting their job away. The job won’t be there when sanctions call – it’s as simple as that! Neighbouring countries would be scrambling to host these firms.

        Through the UK Ambassador, the business owners of these firms are subtly raising their voice – I suspect they’ll be heard louder when real campaigns start. They all have a big stake in what happens in this election- take this to the bank. I repeat, Kenya is not Sudan! Kenya is virtually a Western outpost, not a Chinese playground like the desert called Sudan.

        Whether tourism, flowers, horticulture, coffee, tea, industrial products, actual dollars or sterling pounds, hotel bookings, airline seats, shipping labor, humanitarian labor, anticipated fossil exports, etc…Kenya is tied to the West…and the West remains the hallmark of our economy. People need to start accepting reality. The millions employed or dependent on trade with the West fully appreciate this – and must explain to their other dependents the ramifications of sanctions. Kenyans won’t buy cheap lies from two criminal warlords.

        Meanwhile, the OTP has serious ongoing business with the wannabe President and Deputy President:

        http://www.the-star.co.ke/news/article-102971/bensouda-says-she-has-new-evidence


        ICC Chief Prosecutor Fatou Bensouda says that she has gathered additional evidence sufficient to prove that Deputy Prime Minister Uhuru Kenyatta and former Cabinet Secretary Francis Muthaura supplied guns and police uniforms to attackers in Naivasha.
        Bensouda has now told the trial judges that she has 11 audio files with conversations in Kikuyu whose translation and transcription are in progress and will be disclosed when complete.

        The prosecutor also asked the Trial Chamber to reject an application by Eldoret North MP William Ruto and Joshua Sang to appeal against the court decision that is to allow the prosecution to meet its witnesses up to 24 hours before trial.

  4. The pressure is on internationally. Its now clear that UK will not touch the ICC suspects with a ten foot pole. If UK wont touch the the whole of European Union will not, that’s a given. Even Israel said it will take stock of the situation after the elections. In other words, should Kenyans elect the suspects then Israel will have nothing to do with us. Its foolhardy of the two ICC gangsters to think that Kenyans are ready to elect them to help destroy the country they have fought so hard for. Its aint happening. We need to sell our coffee, tea, flowers etc. We need to export and import other industrial goods. Electing the soon to be fugitives puts all these in jeopardy.
    ———————————————————–

    The United Kingdom envoy to Kenya Christian Turner on Tuesday said his country may not have contact with International Criminal Court suspects should they ascend to power after March 4 elections.

    Speaking in Eldoret Turner said the UK does not support any presidential candidate but stated that the UK and most countries do not have contact with ICC indictees.

    “Whether or not the position would be for a win, we will cross that bridge when we get there. It is well known the position of my government and others is that we don’t get in contact with the ICC indictees unless it is essential. But it is not a policy specific to Kenya but it is a global policy and we have discussed it with here with the elders,” he said.

    He said Kenyans are free to elect the leaders they want but his government shall support the ICC process and observe the Rome Statutes on the ICC suspects should they win.

    The remarks by the UK envoy means that the British government may have to review its position with Kenya should the ICC suspects Deputy Prime Minister Uhuru Kenyatta and immediate former Eldoret North MP William Ruto win March 4 elections.

    The British High Commissioner made the remarks after meeting Kalenjin Elders in Eldoret Town on Tuesday.

    “The position of my Government on ICC is very clear. We support the continued collaboration between Kenya and the ICC. The ICC is in the Kenyan Courts. It was the Kenyan parliaments that sent the cases to the ICC and we make no apology to an end to impunity and rule of law and victims of 2008 violence have justice,” Dr Turner said.

    The Kalenjin elders led by their chairman Josiah Sang disclosed the elders will support whoever wins as they will remain non partisan.

    “We have discussed peace and security and all the other issues and our position is that we will support whoever Kenyans elect as it will reflect the people’s choice. However, we will not support any party during these elections,” said Sang.

    Dr Turner said the ICC processes is one way of ending impunity and bring peace in Kenya and it should not be politicized.

    Dr Turner who was visiting the Rift Valley for the first time since he was posted to Kenya in June last year to take over from Robert Macaire who has left the British Diplomatic service said his government supports the ICC process but it’s up to Kenyans to elect the leaders of their choice.

    “My government’s position is very clear. We support end to impunity and support justice for victims of violence in 2007/2008. And therefore my government supports the ICC but that process is a judicial process not a political process,” Turner said soon after a meeting with Eldoret Diocese Catholic Bishop Rev Cornelius Korir, AIC Bishop Christopher Rutto and his predecessor retired Bishop Thomas Kogo at a closed door meeting yesterday at the cathedral offices.

    He said even though two ICC suspects, Kenyatta and Ruto would be vying for Presidency and Deputy President respectively in the March 2013 general elections, British Government does not regret supporting the ICC process.

    The process he said should be allowed to proceed as the rule of law must be allowed to take its course irrespective of the outcome.

    “It is not for me to say whether those indictees should run or not or who should they run with. That is for Kenya to decide. But we will continue supporting the rule of law. That is vital for Kenya. The rule of law is a very central part of the new Kenya and I don’t think we should make any apology for that,” he explained.

    While on a familiarization tour ahead of Party nominations scheduled for Thursday, Turner called for peace and dialogue among the communities living in the Rift valley who bore the brunt of the 2007/08 election related violence.

    “Peace and dialogue are very important and we want people from different communities to come together. We are very confident that the upcoming elections will be credible and fair because all of Kenya wishes it to be,” Turner said.

    “Peace building is very important in this country and we are asking all people to maintain peace during this election. We want Kenya to pass the test of doing elections well,” Bishop Korir who hosted the High Commissioner said.

  5. let the games begin

    looks like githu has started to earn his keep

    http://www.standardmedia.co.ke/?articleID=2000074830&story_title=Kenya-AG-says-no-to-Uhuru,-Ruto-asset-freeze

    ==
    In a terse letter addressed to Bensouda and marked “very urgent”, Muigai insisted that Article 40 of the Kenyan Constitution prohibits arbitrary deprivation of a person’s property.

    “We have previously and severally informed you that this request (to freeze assets) cannot be acceded to without a court order,” maintained the AG.

    “And further that our interpretation of the law is that Article 75 (4) makes it clear a request for co-operation in identifying and freezing of assets for purposes of reparations (rather than forfeiture) may only take place after a person is convicted,” said Muigai.

    Citing Article 77 (2) b of the Rome Statute, Muigai insisted that the Court may order forfeiture of proceeds, assets and property of the suspects, but only if it is clear that they have been derived from the crime and that such a penalty is contingent upon conviction.
    ==

    • Githu is only fooling himself – thinking he could ever lecture the ICC over interpretation of the Rome Statute. What he is inadvertently doing is merely confirming the stinking level of impunity that keeps chocking Kenya.

      Reading the final document of charges, it is clear Bensouda means serious business. Now I understand the irrational agitation of Uhuru Kenyatta lately on the political front – perpetually nervous and seething with anger. The fella has been cornered!

      Uhuru-Muthaura Case:

      http://www.icc-cpi.int/iccdocs/doc/doc1537646.pdf

      Sang-Ruto Case:

      http://www.icc-cpi.int/iccdocs/doc/doc1537682.pdf

      In an ironic twist of fate, it is quite apparent that the NSIS – an entity that Muthaura virtually oversaw – will be the final nail in Muthaura and Kenyatta’s coffin. Interestingly, the same NSIS is what poured all incriminating information against Ruto…including naming names of Ruto’;s accomplices.

      What Ocampo initially portrayed amorphously as “the network” has finally been unmasked by Bensouda…and the panic has began. 5 days ago, Bensouda unleashed 530 documentary pieces of evidence on Ruto and Sang. The “network” has been unveiled as comprising local coordinators like the late Luka Sang’, Henry Talam, Christopher Kisorio, a Mr. Arap Keen, Solomon Tilawen (aka Tirop), and Sammy Ruto.

      This business of eviction of Kikuyus from Rift Valley was long planned before the elections, only fine-tuned in December 2007. No wonder Ruto is now clinging on Uhuru’s coat-tail for supposed “redemption”. His deviousness and cold-blooded instinct has been uncovered. These details will be devastating to their unholy political deception.

      Bensouda details how Ruto mobilized preparatory meetings with folks like Jackson Kibor – who has until today still vigorously rejects Ruto’s political association with TNA’s Uhuru Kenyatta. Bensouda includes in the “network” people like Henry Kosgey whom I suspect she may give future trouble…Other network members include Farouk Kibet, Philip Murrey, Jackson Bett, Augustin Cheruiyot, Samson Cheramboss, Fred Kapondi, John Koech, Isaac Maiyo, Ishmael Choge, A. Chelogoi, A.K. Bor, and Jacob Kata.

      Unlike Uhuru’s ‘elimination’ of Mungiki accomplices using the cover of state resources, Ruto can’t fully cover his behind. He is thus clinging onto Uhuru hoping for some ‘political’ miracle…a terrible idea if you ask me.

      That Ruto bragged about the Kalenjin having “controlled Kenya’s military infrastructure”…then gone ahead to assemble “Commanders” like Samson Cheramboss, Augustin Cheruiyot and John Koech tells you what this reckless fella can do once in power.

      That Ruto can lie with a bold face, even laughing that no weapons were secured, when Bensouda has evidence (corroborated by NSIS) alluding to existence of a training field tucked deep inside Mau Forest, suggesting a private (not Kenya state sanctioned) practice shooting range, littered with spent cartridges, bullets lodged in trees, and used grenades without pins…all shows this fella meant business. Bensouda’s linkage of these events and the rebel activities of Mt. Elgon, in which the NSIS had previously blamed Fred Kapondi for…tells something quite chilling about Ruto’s aggressive and blood-driven personality. Ruto is making Uhuru Kenyatta and his Mungiki activities look like a novice. What is Uhuru doing bringing this fella anywhere near Presidential power?

      Darn these ICC details! This is blood-curdling!

      Ocampo must have deliberately withheld this info for use at the trial…right now…and Bensouda is hitting the ground running with it! The latter does not hesitate to show Judges how desperately fearful the government is in its bid to protect the perpetrators.

      She has big news for wakina Uhuru too. Bensouda has eloquently informed the Judges about Kibaki government’s refusal to allow her interview senior cops and PCs who were in office during PEV, and also the blatant refusal to freeze assets of the accused – a mundane procedural requirement of the Rome Statutes.

      This leaves the NSIS briefs and reports as part of the major official documents in possession of the courts. Bensouda is heavily relying on them, with even more corroboration beyond what Ocampo had.

      Bensouda connects dots to the Chamber Judges more succinctly. She even illustrates to the Judges just why Kibaki’s government refuses to co-operate further based on these brutally candid NSIS briefs themselves. NSIS reports already in the court’s possession confess to chilling details such as:

      [“Six days before the Naivasha incident, the NSIS warned of an impending attack on the Maasai, Luhya and Luo in Naivasha by “Kikuyu youth”. A day before the Nakuru incident, the NSIS confirmed again that the Mungiki were organizing to attack non-Kikuyu residing in the town. As Chairman of the NSAC, MUTHAURA received these NSIS situation reports warning of planned attacks”].

      Even by omission alone, Muthaura’s complicity rings out loud. These NSIS briefs are official reports by the same government that now refuses to release minutes of security meetings; and refuses to let its officials speak to Bensouda under oath. Which Judge will fail to comprehend this? It is Bensouda’s creative methods to thoroughly corroborate these pieces of NSIS evidence that will nail these fellas. She has lined many new witnesses and support documents.

      Bensouda also demonstrates total awareness of the impunity that deeply pervades Africa. This is why she is constructing its display in Kenya quite spectacularly – for the Judges to appreciate it pithily. In her document detailing charges, she makes this topic of impunity a fundamental issue – I believe not just for admissibility and jurisdiction purposes, but as a means to help the Judges understand the psyche of the current government in Kenya.

      She has easily deconstructed to the chamber Judges the Kenyan style of impunity which has led to its failure to locally prosecute known ground-level perpetrators (many released for ‘lack of evidence’) 5 years after PEV; and which has also assassinated Mungiki leaders who rubbed shoulders with Uhuru Kenyatta and Muthaura during the plot. She actually states she has substantial grounds (in form of evidence) to believe that the Kenya Police has killed several Mungiki leaders with knowledge of the involvement of Kenyatta and other PNU politicians in the planning of PEV.

      And did she just allude that these trials (for both cases) may consume what calculates to almost 4 years in actual calendar time? Do some people think they can actually govern in absentia for an entire 4 years? Ruto previously said he can use the internet to “rule” Kenya from the Hague? Really!!!!! Me thinks Kenyans will be gasping for he next 4 years watching,reading and hearing chilling details of the deadly things that make up Ruto and Uhuru’s minds. Whoa!!!

      • Job,

        I have gone through the ICC stuff on their website and one thing that comes out with the new prosecutor is that she is focused on conviction and she seems to know what it will take to get there. Ocampo was focused on Confirmation of the charges and indictment and Bensouda is taking this thing to a whole new level.

        It is interesting how she has reframed the charges without really stepping outside what the Pre-Trial judges confirmed. There may be minor things to be fixed but I thought the reframing of charges would be very tricky for her. She has done it brilliantly.

        Strangely enough all the noise from the suspects and their loud lawyers about how these were useless charges and a waste of time for the ICC has died completely. The game is ON.

        But I found this story about Lucas Sang very interesting and of course very sad. It fits exactly with what Bensouda is laying out. The fact that Sang was comanding warriors and was armed with a pistol as he directed operations urging the youth to go to war and just burn homes and don’t waste time trying to loot. It is very chilling. And this is from people who were with Sang in the field.

        Here is the chilling story:

        http://sports.espn.go.com/espn/eticket/story?page=kenya

      • Here is the British High Commissioner telling Kenyans the obvious. Same thing Hillary Clinton and Kofi Annan have said quite publicly. Indicted ICC suspects have no place in the community of world leaders. Let’s hope Uhuru Kenyatta does not accuse the High Commissioner of “Hate Speech” for stating the obvious.

        Here we go:

        http://www.standardmedia.co.ke/?articleID=2000075151&pageNo=1&story_title=Kenya-UK-to-avoid-contact-with-ICC-suspects

        On aside note, 0ne thing I found funny is when Uhuru and Ruto get mad when CORD folks talk about land grabbing and theft by Uhuru and Ruto as a big problem they cry about hate speech. Really. Give us a break!

        Ruto who is terrified of any discussion on the land issue even more than the big land aristocrat Mr. Uhuru today was in Ukambani saying CORD leaders should only talk about “issues” and not attack them.

        Guess what, William, land is one of the biggest issues in our country and it starts with land thievery by powerful people who have been running and ruining our country for 50 years now.

        Ruto himself is in court right now for grabbing 100 acres of land from Mr. Muteshi, a farmer in his Uasin Gishu County during the height of the PEV(coincident?). Ruto has for the most part admitted that theft and was willing to return the land but is afraid of admitting any other liabilities of the theft.

        So is Ruto afraid that discussing land issues and land theft will expose him for the vile land grabber that he has been? That is fine but it is ridiculous for Ruto to tell us that land and land theft is not an issue in our country. May be not for him as one who has been on the grabbing end but it is for millions of Kenyans. I think CORD should insist on taking the land issue to the voters. It is a very important issue to them.

  6. Job you are right

    That ICC bench is not in a mood for jokes, and is laying the framework for a very intense trial.

    Our suspects better prepare for a showdown

    I think the revelations from those trials are going to shock

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