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ICC Confirms Cases Against Four Kenyans Charged with Crimes Against Humanity
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Submitted by IQ4News on Mon, 23/01/2012 - 5:22pm
By Joab Apollo
The International Criminal Court’s Pre-Trial Chamber II has confirmed cases against four Kenyans believed to have committed crimes against humanity in the 2008 post-election violence.
Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Ambassador Francis Muthaura, Eldoret North MP William Ruto and journalist Jushua Arap Sang have been committed to full trial by the Hague-based court.
At the same time, the judges threw out the cases involving Former Industrialization Minister Henry Kosgey and Former Police Commissioner, now Post-master General, Hussein Ali, for lack of substantial evidence.
On the first case that involved William Ruto, Henry Kosgey and Joshua Arap Sang, the Pre-trial chamber II presiding Judge Ekaterina Trendifilova stated “As to the criminal responsibility of Mr. Ruto and Mr. Sang, the Chamber found, on the basis of the evidence presented, that they are responsible for the charges levied against them.”
The two were accused by ICC prosecutor Louis Moreno Ocampo for murder, deportation or forcible transfer and persecution of people allied to the Party of National Unity during the 2007 general election.
“These crimes resulted in the death of hundreds and the displacement of thousands of civilians from Turbo town, the greater Eldoret area, Kapsabet town and Nandi Hills” Judge Ekaterina said in her ruling.
William Ruto is accused as an indirect co-perpetrator while Joshua Sang goes on trial for contributing to the crimes against humanity.
“In particular, Pre‐Trial Chamber II confirmed the charges against Mr. Ruto as an indirect co‐ perpetrator with others, pursuant to article 25(3)(a) of the Rome Statute, while it found that Mr. Sang contributed to the commission of said crimes against humanity, pursuant to article 25(3)(d)(i), to the extent specified in the written decision.” On Mr. Kosgey she said “in relation to Mr. Kosgey, the Chamber found that the Prosecutor’s evidence failed to satisfy the evidentiary threshold required. The Chamber was not persuaded by the evidence presented by the Prosecutor of Mr. Kosgey’s alleged role within the organization.”
On the second case involving Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Post-master General Hussein Ali in which they were charged with murder, deportation or forcible transfer, rape and other forms of sexual violence, other inhumane acts and persecution of supporters of Prime Minister Raila Odinga, the chamber observed that: “With respect to the criminal responsibility of Mr. Muthaura and Mr. Kenyatta, the Chamber was satisfied that the evidence also established substantial grounds to believe that they are criminally responsible for the alleged crimes, as indirect co‐perpetrators, pursuant to article 25(3)(a) of the Rome Statute, having gained control over the Mungiki and directed them to commit the crimes.”
The chamber however left Hussein Ali off the hook, citing lack of clear evidence “in relation to Mr. Ali, the Chamber found that the evidence presented does not provide substantial grounds to believe that the Kenya Police participated in the attack in or around Nakuru and Naivasha. Since Mr. Ali was charged with contributing to the crimes through the Kenya Police, the Chamber declined to confirm the charges against him.”
The judge stated that the four have the opportunity to appeal against the cases leveled on them and that Prosecutor Louis Moreno Ocampo also has an opportunity to appeal against the two who were left off the hook.
Immediately after the announcement, civil organizations and religious leaders welcomed the verdict, describing it as a step towards addressing the ills that have afflicted Kenya since independence. And in the street, Kenyans had mixed feelings.
While others hailed the decision, some viewed it as an attempt to clip the wings of their leaders.
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