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Kenya: Related News and Information

07 Jan 2011

Dear all,

Please find below information about recent developments related to the
International Criminal Court's investigation in Kenya following the 15 December
2010 announcement by the ICC Prosecutor that he had requested Judges of
Pre-Trial Chamber II to issue summonses to appear for six Kenyan nationals for
crimes against humanity allegedly committed during the 2007 post-election
violence in Kenya.

This message includes latest ICC statements (I), Coalition members' media
statements (II), related news and opinions (III) and audiovisual reports (IV).

Please take note of the Coalition's policy on situations before the ICC (below),
which explicitly states that the CICC will not take a position on potential and
current situations before the Court or situations under analysis. The Coalition,
however, will continue to provide the most up-to-date information about the ICC.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

*************************************

I. ICC RELEASES

Note: These documents have been produced by the ICC. The Coalition for the ICC
distributes them as part of its mandate to inform member organizations and
individuals about ICC-related developments. The documents do not reflect the
views of the CICC as a whole or its individual members.

1. “Background information on the Chamber’s process of ruling on summons to
appear or warrants of arrest”, ICC Press Office, 16 December 2010,
http://www.icc-cpi.int/NR/exeres/C3D48F4D-8132-46AC-A84D-94D87F3C64C4.htm
“On 31 March 2010, Pre-trial Chamber II, by majority, issued its decision
authorizing the Prosecutor to commence an investigation into the situation in
the Republic of Kenya in relation to crimes against humanity within the
jurisdiction of the Court committed between 1 June 2005 and 26 November 2009. On
15 December 2010, the Prosecutor, after conducting his investigations, submitted
to Pre-Trial Chamber II two applications under article 58 of the Rome Statute
requesting the issuance of summonses to appear for William Samoei Ruto, Henry
Kiprono Kosgey, Joshua Arap Sang (case one) and Francis Kirimi Muthaura, Uhuru
Muigai Kenyatta and Mohamed Hussein Ali (case two) for their alleged
responsibility in the commission of crimes against humanity….
There are different avenues available to the Chamber when ruling on the
Prosecutor’s applications. The Chamber shall carefully review the evidence and
material presented. If it is satisfied that there are reasonable grounds to
believe that the person(s) committed the crimes alleged in the Prosecutor’s
applications, it shall either issue warrants of arrest, or summons(es) to
appear… The Chamber may also, in the course of its assessment of the documents
submitted by the Prosecutor, decide to go back to him requesting more evidence
or clarification in relation to any issue that may arise in the course of its
assessment.
In the event that the Chamber decides to issue the summonses to appear, it shall
set a date for the initial appearance of these persons….In the event that a
person has failed to comply with one or more of the obligations as imposed by
the Chamber, the Chamber may, at the request of the Prosecutor or on its own
initiative, issue a warrant of arrest in respect of the person.
There is no time-limit within which the Chamber must decide on the Prosecutor’s
applications for summonses to appear against the six persons. The Chamber will
act expeditiously taking into consideration the amount of documents to be
analyzed.”

II. COALITION MEMBERS’ STATEMENTS

1. “Brazen Attempts at Interfering with International Criminal Court Process”,
International Center for Policy and Conflict (ICPC), 16 December 2010,
http://www.icpcafrica.org/site/index.php?option=com_content&view=article&id=278:
brazen-attempts-at-interfering-with-international-criminal-court-process&catid=4
2:featured&Itemid=107

“International Center for Policy and Conflict (ICPC) note with absolute concern
that our legislators entrusted with this country’s leadership are participating
in a deliberate campaign to mislead the public on the International Criminal
Court (ICC) process currently in the country.

The misleading information that is currently doing the rounds is, among others,
that the court is pursuing a political agenda and that Kenya can withdraw from
the ICC statute and refuse to cooperate in regard to the current process. We
wish to set the record straight as follows:

First of all, the ICC process in the country and elsewhere in the world is
without any political interference….

It should be understood that the Prosecutor’s work stops at investigating and
prosecuting but the work of determining the culpability or otherwise of the
accused persons lies in the hands of independent judges….

Every accused person has a right to challenge the evidence produced at the
confirmation of charges hearing and to also present their own evidence….

Secondly, in regard to withdrawal from the Rome Statute, we note that the Rome
Statute…makes it clear that before the withdrawal takes effect the state party
wishing to withdraw is bound and has to respect its obligations while it was
still a state party. That is to say, Kenya will still be bound by the things
that happened while it was still a state party.

An attempt to introduce a motion in parliament for withdrawal is a clear
indication that our legislators want to subvert the rule of law and are pursuing
a contrary agenda to rendering justice to the victims of the post election
violence. It would amount to tyranny of Parliament to purport to debate
withdrawal of the Rome Statute just when there is a glimmer of hope that justice
will eventually be rendered….”

2. “ICC Mentioned Suspects Must Resign: It is time to go by the new
Constitution”, ICPC, 16 December 2010,
http://www.icpcafrica.org/site/index.php?option=com_content&view=article&id=277:
icc-mentioned-suspects-must-resign-it-is-time-to-go-by-the-new-constitution&cati
d=42:featured&Itemid=107

“With the ICC prosecutor Moreno Ocampo having publicly named suspects who are to
be put in their defence as being responsible for the 2007/8 post election
violence, it is also the time to push for stepping aside for the affected
persons serving in the cabinet and public service. Henry Kosgey,Uhuru Kenyatta
need as cabinet members to step aside immediately as well as Hussein Ali and
Francis Muthaura who are both civil servants….It is time Kenyans start living in
a new era and therefore there is a good opportunity to put into test the new
law. The culture of impunity has been so entrenched in this country for long and
it is a starting point for ICC’s intervention on the Kenyan case as a proof of
the country’s failure to act on the vice for a long time.”
See Also:
i. “Nation Must Not Withdraw From Rome Statute”, by Erwin Van Der Borght,
Business Daily/All Africa, 4 January 2011,
http://allafrica.com/stories/201101040775.html


III. RELATED NEWS AND OPINIONS

1. “EU issues warning over ICC Kenya process”, by Dave Opiyo, Daily Nation,
7 January 2011,
http://www.nation.co.ke/News/politics/EU issues warning over ICC Kenya
 process/-/1064/1067782/-/format/xhtml/-/hob9gg/-/index.html
2. “Rights groups want officials in Ocampo list sacked”, by Aby Agina,
Daily Nation, 7 January 2011,
http://www.nation.co.ke/News/Rights groups want officials in Ocampo 
list sacked/-/1056/1085654/-/118aa6q/-/
3. “Kibaki, Raila plot way out for Ocampo 6”, by Bernard Namunane, Daily
Nation, 6 January 2011,
http://www.nation.co.ke/News/politics/Kibaki Raila plot way out for 
Ocampo 6 /-/1064/1085098/-/mc5yptz/-/
4. “The International Court is Kenyans’ only protection from rogue
overlords”, by William Ochieng, Daily Nation, 5 January 2011,
http://www.nation.co.ke/oped/Opinion/The ICC is Kenyans only protectio
n from rogue overlords /-/440808/1084320/-/4axwl1/-/
5. “Uhuru: If ICC strikes, we have able leaders to take over”, by Steve
Mkawale, The Standard, 5 January 2011,
http://www.standardmedia.co.ke/news/InsidePage.php?id=2000026123&cid=159&story=U
huru: If ICC strikes, we have able leaders to take over
6. “NGOs accuse ICC suspects of flouting rules”, by Robert Nyasato, The
Standard, 4 January 2011,
http://standardmedia.co.ke/news/InsidePage.php?id=2000026028&cid=159&story=NGOs%
20accuse ICC suspects of flouting rules
7. “Kenya: ICC suspect resigns”, Nangayi Guyson, Africa Digest, 4 January
2011,
http://www.africanews.com/site/Kenya_ICC_suspect_resigns/list_messages/36884
8. “International court suspect quits Kenya government”, AFP, 4 January
2011,
http://www.google.com/hostednews/afp/article/ALeqM5hxfO6ubWZIxAWHLIlnimcVfxaogw?
docId=CNG.d8a64aa0d6307fc8e3f616903594020d.551
9. “AG issues arrest order for Henry Kosgey”, by Alex Ndegwa and Cyrus
Ombati, The Standard, 3 January 2011,
http://www.standardmedia.co.ke/InsidePage.php?id=2000025969&cid=4&ttl=AG issue
s arrest order for Henry Kosgey
10. “Kenya’s case will not all be smooth sailing for Hague prosecutor”, by
Paul Mwangi, Daily Nation, 3 January 2011,
http://www.nation.co.ke/News/Kenya case will not be all smooth sai
ling for Ocampo/-/1056/1082826/-/155ipqaz/-/
11. “Why Kenya must remain in ICC”, by Ibrahim Mwathane, Business Daily, 3
January 2011,
http://www.businessdailyafrica.com/Opinion & Analysis/-/539548/1082526/-/106
gt4gz/-/
12. “Don't panic, ministers tell Ocampo Six”, by Renson Buluma, The
Standard, 2 January 2011,
http://www.standardmedia.co.ke/InsidePage.php?id=2000025902&cid=4
13. “Bid to pull Kenya out of ICC an act in futility”, by Makau Mutua,
Daily Nation, 1 January 2011,
http://www.nation.co.ke/oped/Opinion/Bid to pull Kenya out of ICC 
an act in futility /-/440808/1082038/-/bh6tel/-/index.html
14. “Kenya: Why We Must Reject Bid to Pull Nation Out of the ICC”, by
Philip Ochieng, Daily Nation/All Africa, 1 January 2011,
http://allafrica.com/stories/201101030158.html
15. “Has Kenya given up too early on the International Criminal Court?”, by
Karoli Ssemogerere, Daily Monitor, 30 December 2010,
http://www.monitor.co.ug/OpEd/OpEdColumnists/KaroliSsemogerere/-/878682/1080622/
-/5c15ihz/-/
16. “Kenyan parliament urging government to withdraw from ICC Statute”, by
Elli Goetz, International Criminal Law Bureau, 30 December 2010,
http://www.internationallawbureau.com/blog/?p=2215
17. “ICC not helping fragile Kenya”, The Periscope Post, 30 December 2010,
http://www.periscopepost.com/2010/12/icc-not-helping-fragile-kenya/
18. “Kibaki urged to reject ICC motion”, by Mwakera Mwajefa, Daily Nation,
26 December 2010,
http://www.nation.co.ke/News/politics/-/1064/1078624/-/79oh37/-/
19. “Rejecting ICC comes at a high cost to Kenya”, by Bernard Namunane,
Daily Nation, 26 December 2010,
http://www.nation.co.ke/News/Rejecting ICC comes at a high cost to
 Kenya/-/1056/1078956/-/5c01ltz/-/
20. “Church criticises leaders over ICC vote as Christians enjoy X-mas”, by
Ally Jamah, The Standard, 26 December 2010,
http://www.standardmedia.co.ke/sports/InsidePage.php?id=2000025502&cid=159
21. “Kenya ‘opposes’ leaving ICC”, Al Jazeera, 24 December 2010,
http://english.aljazeera.net/news/africa/2010/12/201012247748413295.html
22. “Kenyan MPs vote to cut ties with international court”, by Jody Clarke,
The Irish Times, 24 December 2010,
http://www.irishtimes.com/newspaper/world/2010/1224/1224286235318.html
23. “13 envoys oppose plan to ditch ICC”, by Bernard Namunane, Daily Nation,
24 December 2010,
http://www.nation.co.ke/News/13 envoys oppose plan to ditch ICC /-
/1056/1078450/-/h0nncuz/-/
24. “Voters tell off MPs”, by Juma Kwayera, The Standard, 24 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000025466&cid=4&ttl=Voters t
ell off MPs
25. “Kenyans want Ocampo Six tried in Hague”, by Walter Menya, Daily Nation,
24 December 2010,
http://www.nation.co.ke/News/politics/Kenyans want  Ocampo Six tried%2
0in Hague /-/1064/1078458/-/f17rn5z/-/index.html
26. “Kenyans believe ICC suspects will be convicted-poll”, Reuters, 24
December 2010, http://af.reuters.com/article/kenyaNews/idAFLDE6BN09W20101224
27. “Opinion - Nation is Passing Through a Magical Time”, by Randall Smith,
Daily Nation/All Africa, 24 December 2010,
http://allafrica.com/stories/201012270123.html
28. “Our continued membership of the ICC is against the new Constitution”,
by Okiya Omtata Okoiti, Daily Nation, 24 December 2010,
http://www.nation.co.ke/oped/Opinion/-/440808/1078362/-/nu53gyz/-/
29. “Kenya MPs vote to leave ICC over poll violence claims”, BBC, 23
December 2010, http://www.bbc.co.uk/news/world-africa-12066667
30. “Kenyan lawmakers pass motion aimed at stopping ICC trials”,
AFP/Monsters & Critics, 23 December 2010,
http://www.monstersandcritics.com/news/africa/news/article_1607552.php/Kenyan-la
wmakers-pass-motion-aimed-at-stopping-ICC-trials
31. “MPs pull Kenya out of ICC”, by Laban Wanambisi, Capital FM, 23 December
2010,
http://www.capitalfm.co.ke/news/Kenyanews/MPs-pull-Kenya-out-of-ICC-10959.html
32. “Kenya: MPs vote for ICC pullout”, Africa News, 23 December 2010,
http://www.africanews.com/site/Kenya_MPs_vote_for_ICC_pullout/list_messages/3674
9
33. “Kenya lawmakers approve motion to withdraw from ICC”, by Sarah Posner,
JURIST, 23 December 2010,
http://jurist.org/paperchase/2010/12/kenya-lawmakers-approve-motion-to-withdraw-
from-icc.php
34. “Motion to pull Kenya from ICC sails through”, by Peter Opiyo, The
Standard, 23 December 2010,
http://www.standardmedia.co.ke/sports/InsidePage.php?id=2000025389&cid=159
35. “Kenyan parliamentarians make a stand against ICC”, BBC, 23 December
2010, http://www.bbc.co.uk/worldservice/africa/2010/12/101221_kenya_icc.shtml
36. “Kenyan PM Odinga opposes plan to pull out of ICC”, Reuters, 23 December
2010, http://af.reuters.com/article/topNews/idAFJOE6BM02M20101223
37. “Kibaki should reject MPs’ move on ICC”, Daily Nation, 23 December 2010,
http://www.nation.co.ke/oped/Editorial/Kibaki should reject MPs move o
n ICC /-/440804/1077608/-/l03ti2/-/
38. “The Hague: Ocampo works on despite politics”, The Standard, 23 December
2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000025398&cid=4&ttl=The Hagu
e: Ocampo works on despite politics
39. “Kenya seeks ICC nod to try Ocampo Six”, by Evelyn Wanjiru and PMPS,
Capital FM, 23 December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/Kenya-seeks-ICC-nod-to-try-Ocampo-Six-
10964.html
40. “I did not influence ICC list, Raila says”, by Peter Opiyo, The
Standard, 23 December 2010,
http://www.standardmedia.co.ke/politics/InsidePage.php?id=2000025386&cid=159
41. “Raila had no hand in ICC suspects list”, The Standard, 23 December
2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000025375&cid=17
42. “Kenya: Effort to Spare Top Politicians From Charges”, by Jeffrey
Gettleman, The New York Times, 23 December 2010,
http://www.nytimes.com/2010/12/24/world/africa/24briefs-Kenya.html?_r=1&src=twrh
p
43. “Kenyan politicians raise cash for Hague trial costs”, by Jody Clarke,
The Irish Times, 23 December 2010,
http://www.irishtimes.com/newspaper/world/2010/1223/1224286170259.html
44. “And Kenya Moves a Step Back…”, by Kevin Jon Heller, Opinio Juris, 23
December 2010, http://opiniojuris.org/2010/12/23/and-kenya-moves-a-step-back/
45. “Parliament pulls Kenya from ICC treaty”, by Njeri Rugene, Daily
Nation, 22 December 2010,
http://www.nation.co.ke/News/politics/Parliament pulls Kenya from ICC 
treaty/-/1064/1077336/-/v0uyxsz/-/index.html
46. “Beyond the ICC: Addressing Sexual Violence in Kenya”, IntLawGrrls, 22
December 2010,
http://intlawgrrls.blogspot.com/2010/12/beyond-icc-addressing-sexual-violence.ht
ml
47. “Kenya cannot insulate herself from responsibility to international
justice”, by James Shikwati, Cocorioko, 22 December 2010,
http://www.cocorioko.net/?p=5981
48. “MPs likely to get second stab at ICC motion”, by Alphonce Shiundu,
Daily Nation, 21 December 2010,
http://www.nation.co.ke/News/politics/-/1064/1076394/-/79n19o/-/
49. “Why Kenya would regret pulling out of ICC”, by Alphonce Shiumdu, Daily
Nation, 21 December 2010,
http://www.nation.co.ke/News/politics/Why Kenya would regret pulling o
ut of ICC /-/1064/1076584/-/8bcdskz/-/
50. “House to debate motion seeking to pull Kenya out of The Hague”, Daily
Nation, 20 December 2010,
http://www.nation.co.ke/News/politics/House to debate motion seeking t
o pull Kenya out of The Hague  /-/1064/1076104/-/nc3l5dz/-/
51. “Kenyans want ICC suspects out of public office: poll”, by George
Obulutsa, Reuters, 18 December 2010,
http://af.reuters.com/article/topNews/idAFJOE6BH04K20101218
52. “Kenyans not ready to re-elect Hague suspects: poll”, by Dave Opiyo,
Daily Nation, 18 December 2010,
http://www.nation.co.ke/News/Kenyans not ready to re-elect Hague sus
pects poll/-/1056/1074682/-/f54hye/-/

III. AUDIO/VISUAL RESOURCES

1. “Moments 2010: ICC nightmares”, The Latest Kenyan News, 31 December
2010, http://kenyauptodate.blogspot.com/2010/12/moments-2010-icc-nightmares.html
2. “Ruto: The ICC Will Fail on its Mission”, NTV/YouTube, 30 December 2010,
http://www.youtube.com/watch?v=2cFQlbKveE0
3. “I need protection, says ICC small fish”, by Catherine Karong’o, Capital
FM, 16 December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/I-need-protection,-says-ICC-small-fish
-10904.html
4. “ICC Case Accuses 6 Prominent Kenyans Of Violence”, NPR, 16 December
2010,
http://www.npr.org/2010/12/16/132101160/ICC-Case-Accuses-6-Kenyan-Leaders-Of-Vio
lence


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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an
independent NGO movement dedicated to the establishment of the International
Criminal Court as a fair, effective, and independent international organization.
The Coalition will continue to provide the most up-to date information about the
ICC and to help coordinate global action to effectively implement the Rome
Statute of the ICC. The Coalition will also endeavor to respond to basic queries
and to raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not endorse or
promote specific investigations or prosecutions or take a position on situations
before the ICC. However, individual CICC members may endorse referrals, provide
legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.

Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague
The Netherlands