Ghanaian to lead ICC appeal judges
Kenyan Deputy Prime Minister and Finance Minister Uhuru Kenyatta (2ndL), and former Cabinet secretary Francis Muthaura (2ndR) attend a hearing, at the International Criminal Court in The Hague. PHOTO / FILE |
By OLIVER MATHENGE , posted Feb 1, 2012
A Ghanaian judge will lead a bench that will decide whether cases against four Kenyans will continue to be heard by the International Criminal Court.
Judge Akua Kenyehia will work alongside four other judges hearing the case. They are judges Anita Ušacka, president of the Appeal Division, Sang-Hyun Song, Erkki Kourula and Daniel David Ntanda Nsereko.
The judges will decide if the cases against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, radio presenter Joshua arap Sang and former head of Public Service Francis Muthaura are rightly before The Hague-based court.
The decision was communicated by Judge Ušacka on Tuesday. Judge Kenyehia is currently the first vice-president of the court.
The four suspects are appealing the decision by two of the three Pre-Trial Chamber judges that their cases meet the threshold of being heard at the ICC.
They argue that the prosecutor failed to link them to organisations put together to perpetrate crimes against civilians as defined by the Rome Statute.
Mr Kenyatta and Mr Muthaura argue that the prosecution did not provide sufficient evidence to prove that the crimes were in furtherance of an “organisational policy.”
They anchor their arguments on findings by Judge Hans-Peter Kaul who refused to confirm charges facing them, saying that the prosecutor could not prove that Mungiki was a state-like organisation.
The two now argue that by excluding the Kenya Police from the “organisation”, the judges have removed an essential element of the organisational structure.
During the confirmation hearings, the prosecution argued that the Mungiki and the Kenya Police were “one” organisation.
But the judges ruled that there was no sufficient evidence to show that the police were involved and freed former police commissioner Hussein Ali.
Mr Ruto and Mr Sang argue that the Pre-Trial Chamber erred by dismissing their submissions during the confirmation hearings when it ruled that the charges are not on jurisdiction.
In his dissent, Judge Kaul said such an approach is “as astonishing as it is misconceived.”
Source: Nation
Other Recent Top Ajabu News
Segregation is down.Great news, right?
Ghanaian to lead ICC appeal judges
Foster care, uncertain futures loom for thousands of immigrant children
Kenyans honored by White House
Pastor attempts suicide after burning down in-laws’ house
Zambia asks Kenya to arrest Banda son
African intellectuals are lazy
Kenyan family mourn death of Diaspora returnee
ICC: Four suspects rush to file appeal
Marine film shot in Kenya wins prestigious award
Uhuru: I will not quit as deputy PM
Ida calls for local trial of ICC suspects
ICC ruling sets foundation for the trial of Kibaki presidency
Kagame's Tweet ruffles feathers
Obama's State of the Union: Eleven Sentences Too Short
Exit Uhuru Kenyatta, Muthaura
Kenyans top tweeters in Africa, survey reveals
US forces free hostages from Somali pirates
Video-Reactions to ICC decision on 4 top Kenyans
ICC judges confirm cases against four top Kenyans
Fears in Tanzania as ‘inept’ pilots man aircraft
Kenyan man upbeat after kidney donation from sister
ICC Judges to decide fate of Ocampo six on Monday
Ethiopia signals revenge against rival Eritrea after tourists’ killings
Kenyan housing sector cools on high interest rates
Raila's sister charged
Graft hurt Kenya hunger response-report
Ugandan woman dumps baby in pit latrine
Ministers Bett, Kamar deny murder plot claim
Court: Kenya's polls in 2013 unless coalition collapses
JSC wants Kenyan Deputy CJ out
New Hampshire city debates moratorium on refugees
Miguna Miguna interview on Raila Odinga's 'inconsistencies'
Nigeria's Arab spring? Fuel subsidy cuts spur protests
First lady dismisses 'angry black woman' portrayal
Al-Shabaab executes ‘Kenyan spy’
Embassy denies mistreating Ugandans in UAE
Kenyan MP hints at possible coalition with Raila Odinga's ODM
I will not contest against Museveni again – Besigye
Guinea-Bissau leader Malam Bacai Sanha dies in Paris
Mandela's life story to be turned into TV series
Beyonce gives birth to girl: reports
Black fraternities form Obama Super PAC
USCIS proposes change to keep families together
Make New Year resolutions that can last- Fr. Mwai
Back to home page |
