Mr Ruto in the Hague to defend himself against

Charges: murder (article 7(l)(a));forcible transfer of population (article 7(l)(d)); and persecution (article 7(l)(h)).

has been denied permission to return to Kenya on completion of his part of the case in the confirmation of charges hearing facing the three Kenyans. Now the International Criminal Court is beginning to flex its muscles. Ruto wanted to travel back to Kenya after the hearing of his case is over. On making an application to that effect, Ruto says he has urgent private engagement to attend to back home in Kenya. If Ruto was to be granted permission to return to Kenya, that would mean the other two suspects

Mr Kosgey also in the Hague to defend himself against

Charges: murder (article 7(l)(a)); forcible transfer of population (article 7(l)(d)); and persecution (article 7(l)(h)).

AND

Mr Sang who is also in the Hague to defend himself

Charges: murder (article 7(l)(a)); forcible transfer of population (article 7(l)(d)); and persecution (article 7(l)(h)).

would have to stay behind alone because they have not made applications to leave the Hague before the proceedings are over. The court wants the three to remain in the Hague until the confirmation of charges hearing for all of them has ended.

Even though this is scary – the blocking of Ruto – because some people may think Ruto will be locked up after the confirmation of charges hearing, it is to understand that this will not be so. This does not mean Ruto will be refused to return to Kenya after the three are through with the confirmation of charges hearing.

Ruto is facing serious charges alongside the other five Kenyans. He has, however, stated that the charges against him are cooked up and witnesses coached to lie about him. He told the court earlier this year that what is happening to him is only possible in a movie. To him, the charges he is facing are bogus and the Chief Presutor Ocampo a malicious man who is out to destroy his political career by using manipulated witnesses.

End

On 30 August 2011, at the at the United Nations Office of Legal Affairs in New York, the government of the Republic of the Philippines deposited its instrument of ratification to the Rome Statute <http://www.icc-cpi.int/Menus/ICC/Legal+Texts+and+Tools/Official+Journal/Rome+Statute.htm>  of the International Criminal Court (ICC). The Statute will enter into force for the Philippines on 1 November 2011, bringing the total number of States that have joined the Rome Statute system to 117.

ICC President Sang-Hyun Song, who visited the Philippines and other Southeast Asian countries in March to facilitate informed consultations regarding the ratification of the Rome Statute, applauded this move. Speaking from the seat of the Court in The Hague, he stated: “This act is yet another indication of Asia’s growing role in the international community’s efforts to put an end to impunity for the most serious crimes of concern to humanity. I send my heartfelt congratulations to all those in the Philippines who worked hard to make this day possible, and I hope that this historic decision will serve to dispel unfounded concerns about joining the ICC among other Asian nations”.

The ratification by the Philippines reaffirms the Southeast Asian region’s solid commitment to international criminal justice in general and, in particular, the ICC, which is the first permanent international court set up to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression. 

Source. ICC

Arrested in the US for having driven while in the influence of alcohol, Onyango Obama may have thought he was in Kenya when he threatened the police that he wanted to call President Obama in the White House. That is what most of those connected with people in power in Africa do.

If one connected to President Kibaki of Kenya, even if Kibaki does not know him or her, is arrested for stealing potatoes or committing a criminal act, such person may most probably display chest thumbing attitude and threaten to call State House Nairobi.

This type of behaviour, threats does not work in the USA or in the western countries. You can be related to a King or the most powerful man on earth, but you will still be locked up in cell if found driving drunk. Safety is more important than ones relationship to the high offices.

Kenya media quoting BBC reports that,,”Onyango Obama, 67, said he would call the White House to arrange bail, after being stopped on Friday in the US state of Massachusetts, says a police report.”

He is the half-brother of the president Obama’s late father. He is now in the cells being held and may be deported soon, unless President Obama misuses his executive powers to order the immigration services not to do so.

End

Kenya government has lost the case challenging the International Criminal Court continued investigation of cases against its citizens. Kenya wanted to stop the ICC saying the ICC had no jurisdiction to try the cases against the Ocampo six.

The Kenya government wanted to take over the cases against William Ruto, Henry Kosgey, Sang, Uhuru Kenyatta, Francis Muthaura and Hussein Ali. The first three will face the ICC judges tomorrow 1st September while the remaining three will have their day on the 21st September.

The case brought to the ICC by the Kenya government is now cleared and there is no more avenues for appeal.

Kenya government used a lot of money trying to stop the cases diplomatically. The President send many ministers including the vice President to the United Nations and many western capitals and African countries. The diplomatic move did not bear fruit but led to UN dismissing the request.

Then the government decided to take on the ICC by opening up a case in the Hague. The lower court rejected the request. The government appealed and has now been given the last word on the case.

Now the case will have to go on and the only thing that can save the Ocampo six is for them to win the Confirmation of charges hearing scheduled from tomorrow 1st of September until 11th of October.

End

—————-

JUDGEMENT!

Situation in Kenya: Appeals Chamber confirms the admissibility of the cases

 
Today, 30 August 2011, the Appeals Chamber of the International Criminal Court (ICC) confirmed Pre-Trial Chamber II’s decisions of 30 May 2011 on the admissibility of the cases The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang and The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali (the decisions are available here http://www.icc-cpi.int/Menus/Go?id=14fca2be-b60c-4364-86a8-14860bf3bf67&lan=en-GB>  and here <http://www.icc-cpi.int/Menus/Go?id=e51def47-c314-424e-955e-e4dae03fef91&lan=en-GB> ) and dismissed the appeals filed by the Government of Kenya.

Judge Daniel David Ntanda Nsereko, the presiding judge for these appeals, delivered a summary of the judgments in open session. The judge indicated that no legal, factual or procedural error could be discerned in the Pre-Trial Chamber’s decisions of 30 May 2011. He explained that, for the cases to be inadmissible, a national investigation must be ongoing and must cover the same individuals and substantially the same conduct as alleged in the proceedings before the ICC. Furthermore, the Appeals Chamber considered that the Pre-Trial Chamber made no error when it found that the Government of Kenya had failed to provide sufficient evidence to substantiate that it was investigating the six suspects for the crimes alleged in the summonses to appear issued for them.

The judgments were adopted by majority, with Judge Anita Ušacka dissenting. The dissenting opinion will be filed in due course.

———————–

The Nordic and Baltic countries have today signed a memorandum of understanding on the posting of diplomats at each other’s missions abroad.

The memorandum will make it easier for the Nordic and Baltic countries to maintain a diplomatic presence around the world by enabling flexible and cost-effective solutions.

This reinforced diplomatic cooperation coincides with the twentieth anniversary of Estonia, Latvia and Lithuania regaining their freedom and re-establishing diplomatic relations with other countries.

“This memorandum of understanding signed by our eight countries is concrete evidence of our solidarity and our strengthened diplomatic cooperation,” say the foreign ministers of the Nordic and Baltic countries in a joint statement.

The memorandum regulates the diplomatic and practical aspects of posting diplomats to the mission abroad of another Nordic or Baltic country.

The Nordic and Baltic countries comprise Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden.

Source:Ministry of Foreign Affairs, Norway

From 22 to 24 August 2011, a Court-appointed legal representative of victims, Ms Sureta Chana, held consultations in Nairobi, Kenya, with approximately 100 of the 327 victims authorised to participate in the proceedings in the case The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joseph Arap Sang before the International Criminal Court (ICC). Items discussed included permission to disclose victims’ identities to case parties, the reasons behind the new appointment of a common legal representative and the victims’ concerns for their personal safety.

In line with a Pre-Trial Chamber II order, Ms Chana led the consultations with assistance from the Victims Participation and Reparations Section (VPRS) of the ICC Registry, and organised it in conjunction with civil society organisations in Kenya.

The consultations were held primarily to confirm whether or not the victims consented to having their identities disclosed to the Defence or the public. Ms Chana also noted that non-disclosure of the victims’ identities will not be detrimental to the rights of the Defence, as the victims will not seek to lead evidence or testify during the upcoming confirmation of charges hearing. On the other hand, maintaining confidentiality will reassure victims of their security during and after the confirmation of charges hearing.

As Ms Chana recently replaced a number of former legal representatives of the victims, the meetings were also an occasion for VPRS to explain to the victims the reasons for this change, and to explain the process by which she was appointed. Ms Chana expressed her gratitude to the intermediaries as well as the lawyers who had been working with the victims of the post-election violence in order to enable the victims to exercise their rights before the ICC.

During the meetings, the victims expressed concerns about their personal safety, reporting instances of threats or coercion from within their communities, since they have been wrongly perceived as witnesses rather than victims.  In response, the Court is providing protection as necessary to the victims and witnesses. Ms Chana concluded the meetings by promising to raise the views and concerns of the victims before the Court and to “keep the Chamber appraised of the constantly evolving security situation surrounding [her] clients”.

A victim participating in ICC proceedings is a person who has suffered harm as a result of a commission of a crime within the jurisdiction of the Court. A witness testifies before the Court, either on behalf of the Prosecution or Defence. Victims have no obligation to testify. Victims’ participation allows them to express a position independent from both the Prosecution and the Defence and to express their own concerns and views, allowing for their voices to be heard in the courtroom. Victims’ participation is among the most important innovations of the Rome Statute of the ICC. At present, 327 victims have been authorised by Pre-Trial Chamber II to participate in the proceedings in the case against Ruto, Kosgey and Sang. The confirmation of charges hearing in this case is scheduled to start on 1 September 2011.

end

Source,icc

In a surprise move, the White House has this morning cancelled President Obama’s intended visit to Kenya that was to take place on the 14th of September. The cancellation is due to the ICC Confirmation of Charges Hearing in the Hague against the Ocampo six. The hearing starts with the first three tomorrow the 1st of September. William Ruto, Henry Kosgey and Sang will face Ocampo from 14.30 in the afternoon.

One of Obama’s aides say the President would like to wait and see the reaction of the Kenyans on the hearings that will end on the 11th of October. It is after that date tthe White House will issue elaborate statement on Obama’s desire and schedule for a visit  Kenya and Tanzania.

The White House say the visit should not take place when the Ocampo six are in the Hague. The president does not want to be seen to influence the hearing in any way.

Analysts now say Obama’s problem is to come to Kenya when those close to the President like Francis Muthaura and Uhuru are in the Hague. It will not go down well because he knows that the media will want to know his opinion on the hearings.

President Obama wants to be careful and not to be seen as coming into the country when two leading presidential candidates William Ruto and Uhuru Kenyatta are in the Hague. People may think he was waiting for the moment to come and visit, when the two are not in the country. He wants to avoid being seen to be blessing Raila Odinga as a priority Presidential candidate. Everybody knows this is a very sensitive time for Kenya and the Kenyan people having some of their political leaders fighting for their political lives in the ICC having been accused of very serious charges.

End

Dear Comrade Brother and Guide,

I hope this will find you in good health in some tunnel in the vast Libyan desert, away from the prying eyes of the NATO imperialists.

I was pained to hear an outrageous suggestion by some bloke you might consider self termination to avoid falling into enemy hands. I know you will not do such an abominable thing by taking away what Allah blessed you with.

Nevertheless, should you reach that conclusion, I humbly submit to you some choices as follows:

HANGING: Most popular among the destitutes, .the terminally ill, the jilted and the cucolded. Caution should be taken in selecting the rope, its size and the knot, failing which though you may die, it will be long and painful. One discouraging aspect is that the victim invariably defecates and urinates at the time of breathing the last. But you are not going to hear any derisive comments of the mortuary attendants.

DROWNING: In this case you need a heavy object, say a grinding stone tied to the neck to forestall any urge to swim to safety.

POISON: Effective if of good quality and potency. Potassium Cyanide is the best. It has a pleasant aroma, but the taste can be either Sweet or Sour because who tried to reveal the taste for posterity could write only ‘S’. They dropped dead before they could say ‘Insh’Allah’. Better not try pesticides that might fail if uncouth neighbors rush you to a hospital.

ELECTROCUTION: Make sure of uninterrupted power supply. For this reason venues in third world countries including Kenya can’t be trusted.. Do it standing without footware on a wet floor. It’s not a nice experience till you die, you are warned.

JUMPING AND SKY-DIVING: Confront the momentum of a speeding car/bus/truck/train head on. Unlucky fellows, sometimes, fail miserably. You can as well try to benefit from free earth’s gravity by jumping from a very high rise building. You must be aware of possible factors intervening like an open truck transporting cotton bales to a ginnery or suppying foam mattresses to a local outlet, to be in the exact position where you are landing.

BLEEDING: A very popular way with financially crashed billionairs, victims of online scams, failing film stars and other elites in dire straits. The aftermath is messy but let the janitor do his job. For facilitation down a few double pegs of whisky before slitting the wrist.

SLEEPING TABS: Decent, clean and silent. Just slide into a blissful sleep
and snuff yourself out of this cruel world. Where to get them? Go to the ever willing to assist back street chemists.

FIRE ARM: Shoot yourself into smithereens. Aim at middle point of the brow that’s between the eyes, left or right or back of the head, inside mouth, the neck, under the chin or the heart. This is a royal way to end ones life.

RATTLE A CAMEL OR AN ELEPHANT : Look for one in the heat, lactating, or searching for a mate and perform a dance in front. If you choose the back side, mind you, in case you survive, you may be rendered useless to the female species for the rest of your life. Wading through the Mara river during lean months is another idea worth considering.

RATTLE A COBRA: If you are lucky, a single bite will dispatch yo to the nether world. The death is not smooth and pleasant according to Cleopatra who used an asp instead of a cobra.

DIVE: Empty a swimming pool and dive from the diving board. Success is not fully guaranteed.

AIR DIVE: Take your favorite plane to at least 10000 ft, switch-off engine(s), dump the key and wait for the the thud. Another noble way to die.

CRASH: Crash your car at 150 – 200 kmph on to a concrete wall. Always choose a Japanese model that will resemble a ball of metal after the hit. Almost fool proof.

GASSING: Try carbon monoxide, helium,argon, nitrogen. Of these the first one is more practical. Light a charcoal brazer, close the windows and the door, and go to sleep. However, some copious amounts of booze is recommended to steady the nerves.

SEPPUKU: The ancient Japanese art of self termination. The subject uses a short sword to stab himself in the stomach, and a trusted friend standing by finishes off the ceremony with severing the head. You may try this if you are a fan of the Japanese traditions, and have a friend who doesn’t swoon on seeing blood. The last time on record it was practiced in 1970 by one Yukio Mishima.

STROLLING: In most parts of the world, one can’t commit suicide by strolling. But in Somalia it can. The death can come in the form of AK-47s, rockets, grenades and stones. Another is Kenya, especially its towns and cities. Those who have suicidal tendencies may try their luck on Kirinyaga Road, River Road, Githurai. and in and around slums. Be available especially at night and early mornings. Act and look a man of means looking for a twilight girl. Instead you can try defying a traffic police order to stop, or have an encounter with our “Mboys’ on night patrol. Or go to a Mungiki den and abuse Uhuru Kenyatta and Muthaura. The result will be positive but I’m afraid they don’t use guns, but clubs and machetes only.

I have done my part. It’s your choice now.

If you find all of the above obnoxious, please walk into Ocampo’s office. He will take care of the rest. Short of not being permitted to go out of the spacious compound, any ICC detention facility is the envy of prisons world over. Boarding, lodging, recreation, etc. are world class. Conjugal rights are respected. What else does a deposed dictator need?

Think it over, sir.

I remain.

Your loyal comrade.