The court in the Hague has denied the appeal launched by the Ocampo four and directed that the case file be transferred to the trial chambers and the registrar has been ordered to facilitate a meeting not later than the 9th of May that will set up the trial calendar in the case.
The only remaining thing now is the appeal on jurisdiction.
If the four were to win that appeal, then the case will be terminated.
The appeal court has stated that the case can start before the determination of the jurisdiction appeal and has given the ICC president to appoint judges from the trial Division to hear the case.
The commencement of the trial will disrupt Kenya’s presidential candidates’ Uhuru Kenyatta’s and William Ruto’s presidential campaigns.
No doubt this will also cause problems for the other candidates aiming to occupy the State House after President Kibaki.
This year’s general elections has attracted many presidential candidates, but the two men, William Ruto and Uhuru Kenyatta are among the few with huge support in the country and are expected to get many votes. If Ruto and Uhuru are hindered from fielding their candidacy by the ICC process, it is expected that they will encourage their followers to support someone they trust. It will be a difficult pick for them.
The two men will, however, not give that chance to the Prime Minister Raila Odinga who they blame to be behind their problems. They accuse him of doing deals with the ICC in order to lock them up so that he gets and easy road to the Presidency.
Francis Muthaura, who until recently was the head of the civil services and secretary to the cabinet in Kenya has had a bad health after a by-pass operation. A trial will most probably cost more damage to his health.
After the confirmation of charges hearing late last year in September/ October many analysts thought Muthaura stood a chance to be freed by the ICC. As it turned out, it was not to be. Many now say, it is probably done because he is the man who was the closer to President Mwai Kibaki.
This past week it emerged that the British Foreign Secretary William Hague is working behind the scenes to have Kibaki indicted after he retires from the presidency later this year.
This will be done, according to the experts, by using the prosecution evidence from witness number 4, the man who through his written statement told the pre-trial court that Francis Muthaura and Uhuru Kenyatta held a meeting and funded Mungiki with Kibaki’s blessings, an accusation the president has denied vigorously.
For Joshua Sang, a Radio journalist – things are complicated. He is accused of broadcasting coded statements asking the Kalenjins to kill those from other tribes who had not voted for ODM. The Kalenjins, at the time, supported ODM party who had Raila Odinga as the Presidential candidate. The support by the Kalenjins was availed due to William Ruto’s appeal because he was Deputy Party leader of the party at the time.
Ruto has since parted ways with Prime Minister Raila Odinga and the ODM party, resulting in the founding of United Republican Party that will field him as the Presidential candidate in the coming elections.