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Kenya: Government Statement; CICC Members' Statements and Related Media Coverage

15 Dec 2010

Dear All,

On 15 December 2010, ICC Prosecutor Luis Moreno-Ocampo announced that he
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. Named suspects are William Samoei Ruto, Henry
Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai
Kenyatta, and Mohamed Hussein Ali. It is now up to the Pre-Trial Chamber to
decide whether to issue summonses to appear or warrants of arrest based on the
prosecutor's application and any related evidence or information

This message includes latest government reactions (I), Coalition members' media
statements (II) and related news and opinions (III).

The Prosecutor's press briefing can be viewed here:
http://www.youtube.com/watch?v=NsVEx1nFHJc

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. OFFICIAL GOVERNMENT STATEMENTS

1. Statement by His Excellency the President Hon. Mwai Kibaki, Kenya State
House, 15 December 2010, http://www.statehousekenya.go.ke/

"I have taken note of the announcement made this afternoon by the I.C.C. Chief
Prosecutor Mr. Luis Moreno-Ocampo in regard to the Kenyan case.

Like other countries, our overriding desire in subscribing to international
conventions is to advance our national interest both internally and
internationally.

We do expect, therefore, that the International Criminal Court process will meet
our expectations as a nation.

I wish to state that the people who have been mentioned have not yet been fully
investigated as the pre-trial process in The Hague has only but began. They
therefore cannot be judged as guilty until the charges are confirmed by the
court.

Calls for action to be taken against them are therefore prejudicial, preemptive
and against the rules of natural justice.

In the meantime I wish to state that the government is fully committed to the
establishment of a local tribunal to deal with those behind the post election
violence, in accordance with stipulations of the new constitution.

As a nation we must also focus on the need for national healing and
reconciliation. This is paramount as we move forward on the path of national
peace and unity.

I also wish to assure Kenyans that the government has intensified security
around the country.

The government is providing full support to our security forces to enable them
perform their duties of protecting the lives of all citizens and their property.

I appeal to Kenyans to remain calm. The government will remain vigilant and
ensure that the rights of its citizens and the dignity of the nation are
upheld."

See Also:

i. "MPs put Kalonzo in a spot, demand Government stand on Ocampo six", The
Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024794&cid=37&story=MPs p
ut Kalonzo in a spot, demand Government stand on Ocampo six

ii. "Kenyan security on high alert over ICC prosecutions", by Patrick
Mayoyo, The East African, 15 December 2010,
http://www.theeastafrican.co.ke/news/Kenyan security on high alert ove
r ICC prosecutions/-/2558/1071720/-/wd3mji/-/index.html

iii. "Kenya's Kibaki says won't act yet against ICC suspects", by James
Macharia, Reuters, 15 December 2010,
http://af.reuters.com/article/topNews/idAFJOE6BE0CI20101215

iv. "Ocampo Six can rest easy, says Kibaki", by Judie Kaberia, Capital FM,
15 December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/Ocampo-Six-can-rest-easy,-says-Kibak
i-10889.html

2. Statement by the US President Obama on the International Criminal Court
announcement, The White House, 15 December 2010,
http://www.whitehouse.gov/the-press-office/2010/12/15/statement-president-obama-
international-criminal-court-announcement

"Today, as the International Criminal Court announces the names of six suspects
alleged to have participated in the post-election violence that threatened to
tear Kenya apart three years ago, I encourage all Kenyans take a moment to
reflect on the tremendous progress their country has made since those dark days.
Together, you have been working to reconcile your communities, to reform your
institutions to better serve the public good, and to put your country on a path
to lasting peace and prosperity. Kenya is turning a page in its history, moving
away from impunity and divisionism toward an era of accountability and equal
opportunity....

In pursuit of these goals, I urge all of Kenya's leaders, and the people whom
they serve, to cooperate fully with the ICC investigation and remain focused on
implementation of the reform agenda and the future of your nation. Those found
responsible will be held accountable for their crimes as individuals. No
community should be singled out for shame or held collectively responsible. Let
the accused carry their own burdens - and let us keep in mind that under the ICC
process they are innocent until proven guilty...."

See Also:
i. "Obama: Be calm, forge forward", by Chris Wamalwa, The Standard, 15
December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024830&cid=4&

ii. "Obama urges Kenya to work with ICC inquiry", AFP, 15 December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/Obama-urges-Kenya-to-work-with-ICC-inq
uiry-10890.html


II. MEMBERS' MEDIA STATEMENTS

1. "Accountability for post-election violence in Kenya: ICC Prosecutor today
requests summons to appear for 6 individuals," NPWJ, 15 December 2010,
http://www.npwj.org/ICC/Accountability-post-election-violence-Kenya-ICC-Prosecut
or-today-requests-summons-appear-6-indiv

"Today the Prosecutor of the International Criminal Court (ICC), Luis
Moreno-Ocampo, announced that he has submitted to the Pre-Trial Chamber II a
request to issue six summons to appear in relation to two cases for serious
crimes allegedly committed in Kenya during the post-election violence from
December 2007 including killing, forced displacement and sexual violence. On 31
March 2010, Pre-Trial Chamber II had granted the Prosecutor's request to
commence an investigation on crimes against humanity allegedly committed in the
Republic of Kenya between 1 June 2005 (i.e., the date of the Statute's entry
into force for the Republic of Kenya) and 26 November 2009 (i.e., the date of
the filing of the Prosecutor's Request).

Statement by Alison Smith, Legal Counsel of No Peace Without Justice:

'No Peace Without Justice and the Transnational Nonviolent Radical Party welcome
the Prosecutor's request to issue six summons to appear in relation to two cases
for the crimes committed during the violence that followed the announcement of
the results of the Presidential elections in Kenya in December 2007. This is a
fundamental step to ensure that for the first time in Kenya's electoral history,
post election violence is not rewarded and the cycle of violence is broken
before the next round of elections to be held in 2012.

'NPWJ appreciates the policy focus of the Prosecutor on "those who bear the
greatest responsibility" for the totality of crimes allegedly committed and
notes that the summons to appear announced today refer to individuals belonging
to both parties that were allegedly involved in the post election violence in
Kenya (PEV). The number of potential trials before the ICC inevitably leaves an
"impunity gap" of lower level perpetrators that is for the national judicial
system to investigate and prosecute. Kenya has a vibrant civil society and legal
professionals who have already showed their commitment to accountability in the
immediate aftermath of the PEV, playing a crucial role in its documentation.
NPWJ calls on calls on the Kenyan authorities to investigate and prosecute other
people responsible for crimes committed during the PEV, and calls on Kenyan
civil society and legal professionals to support the intervention of the ICC and
national proceedings through continued activism, documentation and legal
actions.

'NPWJ also urges Kenyan authorities to cooperate fully with the ICC and give
absolute implementation to the orders of the Court, including summons to appear.
Just this summer, Kenya failed to execute the arrest warrant issued by the ICC
against Sudanese President Al Bashir when he visited the country on the occasion
of the promulgation of Kenya's new constitution, contravening its legal
obligation to arrest and surrender him. As a State Party to the Rome Statute,
which it has implemented in its domestic legislation, Kenya is under a legal
obligation to abide by any orders of the Court. NPWJ hopes and expects that
Kenya will prove itself as a State Party, particularly given its incidents of
non-cooperation earlier this year.

'Finally, NPWJ also urges the ICC to establish a field office in Kenya as soon
as possible to reinforce the work the Court has carried out to date through
short-term missions from Kampala and The Hague, including outreach, victims'
participation and reparation and witness and victims protection. NPWJ commends
the ICC Registrar for the efforts to set up a Registry presence in the territory
of Kenya and the early launch of its activities in this country. With the
Prosecutor's request for summons to appear, there is now even a greater need to
engage the people of Kenya in two way dialogue to promote understanding of the
Court and manage expectations, with a particular focus on women and children;
the establishment of a field office is important to facilitate that work. A
strong field presence is also absolutely necessary to ensure that proper
protection for witnesses and victims as well as victims' participation and
reparation are effectively undertaken in Kenya.'..."


2. "A big step towards ending impunity for 2008 post-election violence in Kenya:
ICC Prosecutor announces list of 6 main suspects", FIDH, 15 December 2010,
http://www.fidh.org/A-big-step-towards-ending-impunity-for-2008-post

"Today, in The Hague, the ICC Prosecutor, Luis Moreno Ocampo, announced the list
of 6 suspects he believes are the most responsible for the crimes committed
during the 2007/2008 electoral process in Kenya, when more than 1500 persons
died and hundreds of thousands were displaced....

Until now impunity for these crimes has prevailed... 'Today's
announcement...paves the way for future trials of alleged perpetrators of the
most serious crimes and is a strong step towards ending impunity in the
country', said Muthoni Wanyeki, KHRC Executive Director....

FIDH and KHRC call on the Kenyan authorities to take all necessary measures to
protect victims and witnesses and urge the government to fully cooperate with
the ICC, in accordance with the orders of the court and in the event of issuance
of arrest warrants.

FIDH and KHRC underline that if a national special tribunal is established to
try perpetrators of the post-election violence, as announced by President Kibaki
during a crisis cabinet meeting on 13 December, it must act in complementarity
with ICC proceedings and must not obstruct international justice.

'Today's announcement brings renewed hope to the victims of these international
crimes, who have waited too long for justice, and should be accompanied by
renewed efforts to ensure the respect of the rule of law in Kenya', said Souhayr
Belhassen, FIDH President."

III. RELATED NEWS & OPINIONS

1. "Six Kenyans accused of rape, murder and torture", by Oliver Mathenge,
Daily Nation, 15 December 2010,
http://www.nation.co.ke/News/politics/Six accused of rape murder and%2
0torture /-/1064/1073172/-/i8x7vu/-/index.html

2. "Kenyans' Indictment Is Sought in Vote Violence", by Jeffrey Gettleman
and Marlise Simons, The New York Times, 15 December 2010,
http://www.nytimes.com/2010/12/15/world/africa/15kenya.html?_r=2&src=me

3. "Kenyan ministers, ex-police chief named as ICC suspects", Reuters, 15
December 2010, http://af.reuters.com/article/topNews/idAFJOE6BE08L20101215

4. "Prosecutor's list of six shocks Kenya", The Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024827&cid=4&

5. "See you at The Hague, named chaos suspects tell prosecutor", The
Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024824&cid=4&

6. "Kenyan suspects say will cooperate with ICC", Reuters, 15 December
2010, http://af.reuters.com/article/topNews/idAFJOE6BE0B820101215

7. "About the Ocampo six", by Francis Muthaura, The Standard, 15 December
2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000024804&cid=4

8. "Clerics urge peace over Ocampo six", by Ngumbao Kithi, The Standard, 15
December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024801&cid=159&story=Cleric
s urge peace over Ocampo six

9. "Who is this man Luis Moreno-Ocampo?", by Patrick Mathangani, The
Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024831&cid=4&

10. "Ocampo tells why he settled on the six, left out Principals", by Biketi
Kikechi, The Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024823&cid=4&

11. "Security chiefs say they will not aid ICC probe", by Cyrus Ombati, The
Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024825&cid=4&

12. "Hague a flight of fancy? No, down-to-earth reality", by Ferdinand
Mwongela, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024828&cid=4&

13. "It's the beginning of the end of impunity", by Okech Kendo, The
Standard, 15 December 2010,
http://www.standardmedia.co.ke/InsidePage.php?id=2000024764&cid=510&story=It's
 the beginning of the end of impunity

14. "Cases will ensure peaceful 2012 election, says Ocampo", Daily Nation,
15 December 2010,
http://www.nation.co.ke/News/politics/Cases will ensure peaceful 2012 
election says Ocampo /-/1064/1073188/-/4c6ff5z/-/index.html

15. "Next steps for six named to face trial in Hague over chaos", by Oliver
Mathenge, Daily Nation, 15 December 2010,
http://www.nation.co.ke/News/politics/Next steps for six named to fa
ce trial in Hague over chaos/-/1064/1073202/-/152k0ayz/-/index.html

16. "Leaders say Uhuru and Muthaura are innocent", Daily Nation, 15
December 2010,
http://www.nation.co.ke/News/Leaders say Uhuru and Muthaura are inno
cent /-/1056/1073232/-/qyn5bi/-/index.html

17. "I knew it, Ruto says of ICC list", by Judie Kaberia, Capital FM, 15
December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/I-knew-it,-Ruto-says-of-ICC-list-108
92.html

18. "ICC claims sheer nonsense, says Muthaura", by Laban Wanambisi, Capital
FM, 15 December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/ICC-claims-sheer-nonsense,-says-Muth
aura-10891.html

19. "Ocampo knocks down Kibaki ally", by Laban Wanambisi, Capital FM, 15
December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/Ocampo-knocks-down-Kibaki-ally-10886.h
tml

20. "A president's son in the firing line", by Evelyne Njoroge, Capital FM,
15 December 2010,
http://www.capitalfm.co.ke/news/Kenyanews/A-president’s-son-in-the-firing-line
-10885.html

21. "From army man, mail man, to suspect", Habari Za Nyumbani, 15 December
2010, http://habarizanyumbani.jambonewspot.com/

22. "Humanitarians prepared for reaction to ICC naming", IRIN, 15 December
2010, http://www.irinnews.org/Report.aspx?ReportID=91379

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