African Press International (API)

Now it is clear that the Kenyan cases will not be referred back to Kenya or East African Court. The trial dates has been set by the International Criminal Court in the Hague.

According to the ICC press release, Kenyan situation: Trials to start on 10 and 11 April 2013

Today, 9 July 2012, Trial Chamber V of the International Criminal Court (ICC) issued scheduling orders setting the dates for the commencement of the trials in the two Kenyan cases, The Prosecutor v. William Samoei Ruto and Joshua Arap Sang and The Prosecutor v. Francis Kirimi Muthaura and Uhuru Muigai Kenyatta, respectively on 10 and 11 April 2013, establishing a time table for the various procedural steps required to be undertaken before the opening of the trials to guarantee the fairness of the procedures.

Background

On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor’s request to open an investigation proprio motu in the situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March 2011 in two separate cases, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearings in the two cases took place from 1 to 9 September 2011, and 21 September to 5 October 2011, respectively. On 23 January 2012, the judges declined to confirm the charges against Henry Kiprono Kosgey and Mohammed Hussein Ali. Pre-Trial Chamber II confirmed the charges against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 29 March 2012, the ICC Presidency constituted Trial Chamber V and referred to it the two cases.

Case nr 1: Ruto and Sang

William Samoei Ruto
	Former Minister of Higher Education, Science and technology of the Republic of Kenya
	Summonses to appear issued: 8 March 2011
	Initial appearance hearing: 7 April 2011
	Confirmation of charges hearing: 1 to 8 September 2011
Decision on the confirmation of charges: 23 January 2012
Charges Mr Ruto is accused of being criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of: murder (article 7(l)(a)); deportation or forcible transfer of population (article 7(l)(d)); and persecution (article 7(l)(h)).

Joshua Arap Sang
	Head of operations at Kass FM in Nairobi, the Republic of Kenya
	Summonses to appear issued: 8 March 2011
	Initial appearance hearing: 7 April 2011
	Confirmation of charges hearing: 1 to 8 September 2011
Decision on the confirmation of charges: 23 January 2012
Charges Pre-Trial Chamber II found that there are no substantial grounds to believe that Mr Sang is an indirect co-perpetrator, because his contribution to the commission of the crimes was not essential. Instead, Mr Sang is accused of having otherwise contributed (within the meaning of article 25(3)(d) of the Rome Statute) to the commission of the following crimes against humanity: murder (article 7(l)(a)); deportation or forcible transfer of population (article 7(l)(d)); and persecution (article 7(l)(h)).

Case nr 2: Uhuru and Muthaura

Francis Kirimi Muthaura
	Former Head of the Public Service and Secretary to the Cabinet of the Republic of Kenya
	Summonses to appear issued: 8 March 2011
	Initial appearance hearing: 8 April 2011
	Confirmation of charges hearing: 21 September to 5 October 2011
Decision on the confirmation of charges: 23 January 2012
Charges Mr Muthaura – together with Mr Kenyatta – is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of: murder (article 7(l)(a)); deportation or forcible transfer (article 7(l)(d)); rape (article 7(l)(g)); persecution (article 7(l)(h)); and other inhumane acts (article 7(l)(k)).

Uhuru Muigai Kenyatta
	Deputy Prime Minister and former Minister for Finance of the Republic of Kenya
	Summonses to appear issued: 8 March 2011
	Initial appearance hearing: 8 April 2011
	Confirmation of charges hearing: 21 September to 5 October 2011
Decision on the confirmation of charges: 23 January 2012
Charges Mr Kenyatta – together with Mr Muthaura – is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of: murder (article 7(l)(a)); deportation or forcible transfer (article 7(l)(d)); rape (article 7(l)(g)); persecution (articles 7(l)(h)); and other inhumane acts (article 7(l)(k)).

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