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Kenya: Latest Statements, News and Opinions

29 Nov 2011

Dear all,

Please find below information about recent developments related to the International Criminal Court's (ICC) investigation in Kenya.

This message includes news related to the issuance of an arrest warrant in Kenya for ICC suspect Sudanese President Omar Al-Bashir (I) statements from members of the Coalition for the International Criminal Court (II), and related news and opinions (III).

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

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I. KENYAN HIGH COURT ISSUES ARREST WARRANT AGAINST ICC SUSPECT SUDANESE PRESIDENT OMAR AL-BASHIR

It has been reported that the Kenyan High Court, on 28 November 2011, issued a domestic arrest warrant against ICC suspect and Sudanese President Omar Al-Bashir. The ruling came as a result of a case brought by Coalition member the International Commission of Jurists-Kenya, after Al-Bashir was allowed to visit Kenya in August 2010 in defiance of two pending ICC arrest warrants against him for genocide, crimes against humanity and war crimes allegedly committed in Darfur. Kenya is a signatory of the Rome Statute-the ICC's founding treaty-and is obliged to cooperate fully with the Court, including in the execution of its arrest warrants.

1. RELATED NEWS

i. "Kenyan court issues arrest order for Sudan's Bashir," Reuters, 28 November 2011,http://www.reuters.com/article/2011/11/28/us-kenya-bashir-icc-idUSTRE7AR0YA20111128
ii. "Arrest Sudan's Bashir, Kenyan court orders," by ROB JILLO, Capitla FM, 28 November 2011 http://www.capitalfm.co.ke/news/2011/11/arrest-sudan’s-bashir-kenyan-court-orders/
iii. "Kenyan court issues warrant of arrest against Sudanese president," Xinhua News Agency, 28 November 2011 http://news.xinhuanet.com/english2010/world/2011-11/28/c_131274971.htm
iv. "Kenya court issues warrant for arrest of Sudan's president Omar al-Bashir," The Telegraph, 28 November 2011, http://www.telegraph.co.uk/news/worldnews/africaandindianocean/sudan/8920593/Kenya-court-issues-warrant-for-arrest-of-Sudans-president-Omar-al-Bashir.html
v. "Sudan's Omar al-Bashir: Kenya issues arrest warrant, BBC, 28 November 2011, http://www.bbc.co.uk/news/world-africa-15918027
vi. "Sudan expels Kenyan ambassador after court ruling -foreign min," Reuters, 28 November 2011, http://af.reuters.com/article/commoditiesNews/idAFL5E7MS4MG20111128
vii. "Sudan 'dismayed' over Kenya al-Bashir court ruling," Boston Globe, 29 November 2011, http://www.boston.com/news/world/africa/articles/2011/11/29/sudan_dismayed_over_kenya_al_bashir_court_ruling/
viii. "Kenya to appeal Bashir arrest order," Daily Nation, 29 November 2011, http://www.nation.co.ke/News/Kenya+to+appeal+Bashir+arrest+order/-/1056/1281548/-/92y5pi/-/index.html

II. COALITION MEMBERS STATEMENTS

1. "ICJ Kenya Outreach on ICC Processes," by Frank Walukwe, ICJ-Kenya, 24 November 2011, http://www.icj-kenya.org/index.php/more-news/433-icc-outreach-news

"Last week between the 14th and 19th of November 2011, the KPTJ-ICC coalition which ICJ-Kenya is a member of took their outreach to Kericho, Borabu, Kisumu and Kakamega. The objective of the outreach was to go to different parts of the country affected by the ICC process and divulge information on the background of the ICC , its objectives and its intervention in Kenya thereby doing away with the misconceptions present in society as to the ICC process in Kenya.

In the outreach programme that targeted Rift Valley, Nyanza and Western regions, the participants that participated had several questions to ask as regards the ICC process and it was rather obvious that there were a lot of misinformation that existed in society. It was notable to the team that depending on the different areas we visited and the difference in how the areas were affected, the participants were more interested in certain issues of the ICC process and not others. For example:
In Kericho and Borabu for example, the participants were more concerned with whether the prosecutor did investigations in Kenya or if he solely relied on the Waki commission. The question they constantly asked was why his people were not seen on the ground doing the investigations and why his evidence in court was wanting. In this regard, the issue of the events only happening within the rift valley was constantly noted. They were also very eager to know if the prosecutor could bring charges against more people on the same situation, special emphasis being on Raila and Kibaki who they thought were the people who bore the greatest responsibility for the post-election violence because they were the two major principles.

In Kisumu, the direction of interest was totally different. The participants were more concerned about the political repercussions of the ICC process and how it would affect the country. A question that was severally asked and that we tried very hard to fan away was whether the suspects of the ICC process who had political ambitions could vie for the presidency if they were subsequently confirmed. This was raised with the same light shining on why the suspects were still in office and if the court could bar them from holding their key positions in government. Another issue that was raised was about the reparations to the victims of the post election violence. They were of the view that the court should come on board to compensate all the victims of the post election violence and not only those that are recognised by the court. It was also of concern, who were the people responsible of choosing the victims recognised by the court.

In Kakamega, the participants were just concerned with seeing the judicial process take its cause and did not have very strong feelings towards a particular direction.
Ultimately, it became apparent that there is still a lot of information that is required by the general public on account of several misconceptions that are present in society.
Recommendations

1. As previously suggested, an IEC compilation of FAQ's collected from all the areas that have been visited by ICJ-Kenya as regards the outreach is to be done.
2. The IEC compilation to be done in such a way that there is a general booklet speaking on the whole process and then several other pamphlets whose questions shall relate to particular region.
3. ICJ-Kenya to come up with key target areas where outreach and dissemination of the IEC materials would be done.
4. Enhanced outreach targeting the most interior spots before and after the confirmation of charges hearings with key areas located for both before and after the exercise.
ICJ Kenya will continue to work with its partners in an effort to raise awareness on the ICC court cases, and to monitor community responses and needs associated with these issues."

2. "Kenya: Respect Law in Somalia Military Operations," Human Rights Watch, 18 November 2011, http://www.hrw.org/news/2011/11/18/kenya-respect-law-somalia-military-operations

"The Kenyan government should ensure that its forces in Somalia abide by the laws of war and avoid harm to civilians, Human Rights Watch said today in a letter to the Kenyan minister of state for defense. The government should also promptly and impartially investigate recent incidents in which Kenyan forces may have violated international humanitarian or human rights law. ...."

1. "Waiting for Justice: Kenya's Mt. Elgon Region," HRW, 14 November 2011, http://www.youtube.com/watch?v=rkilmRSqurE [AUDIOVISUAL MATERIAL]

III. OTHER NEWS AND OPINIONS

1. "Assault on the Courts," by James Goldstone, OSI Blog, 14 November 2011, http://blog.soros.org/2011/11/assault-on-the-courts/
2. "ICC has great influence in Kenya, around the world, says Ocampo," by Ibrahim Oruko, The Star, 21 November 2011, http://www.the-star.co.ke/national/national/50143-icc-has-great-influence-around-the-world-ocampo
3. "ICC seeks embargo on Uhuru and Ruto assets," by Murithi Mutiga, Daily Nation, 19 November 2011, http://www.nation.co.ke/News/politics/ICC+seeks+embargo+on+Uhuru+and+Ruto+assets/-/1064/1276050/-/bl0yroz/-/
4. "ICC not meant for 'small fish' like Joshua Sang," by Makau Mutua, Daily Nation, 19 November 2011, http://www.nation.co.ke/oped/Opinion/ICC+not+meant+for+small+fish+like+Joshua+Sang+/-/440808/1275906/-/9823khz/-/
5. "UHURU IS RICHEST KENYAN," by Francis Mureithi, The Star, 18 November 2011, http://www.the-star.co.ke/national/national/49808-uhuru-is-richest-kenyan
6. "Victims' role in ICC confirmation under scrutiny," by Evelyn Kwamboka, The Standard, 18 November 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000046949&cid=4&
7. "Uhuru urges ICC to ignore statements," by Oliver Mathenge, Daily Nation, 18 November 2011, http://www.nation.co.ke/News/politics/Uhuru+urges+ICC+to+ignore+statements+/-/1064/1275276/-/orm3y5z/-/index.html
8. "Ocampo Six warned not to intimidate witnesses," by Evelyn Kwamboka, The Standard, 17 November 2011, http://www.standardmedia.co.ke/sports/InsidePage.php?id=2000046901&cid=4
9. "An Update On The ICC 6: Kenyan Politicians At Last Face The Consequences Of Their Actions," by Daniel Waweru, African Arguments, 16 November 2011, http://africanarguments.org/2011/11/16/an-update-on-the-icc-6-kenyan-politicians-at-last-face-the-consequences-of-their-actions-by-daniel-waaeru/
10. "Raila Odinga: "We are not taking anything for granted"," by Parselelo Kantai, Africa Report, 16 November 2011, http://www.theafricareport.com/index.php/news-analysis/raila-odinga-we-are-not-taking-anything-for-granted-50175368.html
11. "Accept ruling, ICC tells Kenya," by Aggrey Mutambo, Daily Nation, 15 November 2011, http://www.nation.co.ke/News/politics/Accept+ruling+ICC+tells+Kenya++/-/1064/1273786/-/vljluqz/-/
12. "Victims ask for more evidence in ICC cases," by Evelyn Kwamboka, The Standard, 14 November 2011, http://www.standardmedia.co.ke/InsidePage.php?id=2000044862&catid=159&a=1
13. "New bid to have Raila face the ICC," The Star, 14 November 2011, http://www.the-star.co.ke/national/national/49072-fresh-bid-to-rope-raila-in-icc-
14. "Muthaura's ICC Lawyer Disqualified," by Nzau Musau, The Star, 12 November 2011, http://allafrica.com/stories/201111130073.html
15. "Uhuru declares for presidency," The Star, 12 November 2011, http://www.the-star.co.ke/national/national/48928-uhuru-declares-for-presidency
16. "Ruto - Is This the Beginning of the End?" by Joe Adama, The Star, 12 November 2011, http://allafrica.com/stories/201111130074.html
17. "Ruto's North Rift wave and the players still sticking with Raila," by Joe Adama, The Star, 12 November 2011, http://www.the-star.co.ke/weekend/siasa/48933-rutos-north-rift-wave-and-the-players-still-sticking-with-raila
18. "Fresh query over Muthaura's ICC lawyer," by Judie Kaberia, Capital FM News, 11 November 2011, http://www.capitalfm.co.ke/news/2011/11/fresh-query-over-muthauras-icc-lawyer/
19. "Ocampo Bid for Fresh Legal Opinion Rejected," by Nzau Musau, The Star, 8 November 2011, http://allafrica.com/stories/201111090141.html

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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