TO THE ALLEGEDLY POST ELECTION VIOLENCE SUSPECTS :A MOMENT OF RECKONING HAS DAWNED AS THEY AWAITS TRIALS AT THE HAGUE. BY :MUNGAI

  1.      The verdict of the much awaited International Criminal Courts’ decision on the kenyan case was arrived at.And,the jury is out ,that the 2007/8 post election violence suspects who bears the heaviest burden of responsibility will have to face the I.C.C to prove their innocence against crimes levelled against them ,on April 7th and8th.

The International Criminal Courts found that there’s substantial and credible evidence to support the Chief Prosecutor’s case which he had linked the allegedly suspects.

And to the allegedly suspects the jury is that you do have a case to answer.This was after the verdict of the judges ruled in favour of the chief prosecutor,mr.Luis Moreno Ocampo.Thus ,the hague based courts issued summonses for the 6 suspects to appear in persons in the courts at the set dates to answer to the charges that is preferred against them by the prosecutor.

It is to be noted that these alleged suspects are been charged with committing crimes against humanity and war crimes where there were murders,rape,forceful evictions,displacements,unleashing of terror and wanton destruction of properties.According to the prosecutor’s  charge sheet they were directly involved ,or indirectly involved where their subordinates committed these crimes.

While issuing the summonses in the majority ruling summoning the six post election suspects the  pre  trial chamber judges concurred with Ocampo’s arguement that there was reasonable evidence that the suspects played a key role in the post election violences.Judges Ekaterina trendafilova and Cuno tarfusser ,ruled that there were serious crimes against humanity that were committed in KENYA which warrants the courtsto hear.They believed that there was credible grounds to sustain these cases.

In that ruling Judge Hans Peter Kaul,delivered a dissenting verdict ruling otherwise.The judge’s dissenting view drew a line with the prosecutor’s arguement in that case.He argued that the prosecutor’s arguement isn’t watertight and thus doesn’t meet the threshold of the I.C.C admission.There was no evidence to show crimes against humanity were committed in KENYA.The judge argued that claims that the violence was organised were not supported by any material presented.

The chief prosecutor doesn’t have credible evidence to sustain the cases.He was of the view that he has no doubt the  crimes alleged in the application concerning the 6 falls within the competence of the criminal justice authorities of the Republic of KENYA as a matter to be investigated and prosecuted under the kenyan criminal law.

With the summonses out,the day of reckoning has dawned for the suspects to face justice at the ICC trials.The suspects have engaged the fine top notch lawyers who have handled  the ICC cases before ,to defend them.It seems that it will be a costly affair for the suspects to finance their defence teams.

But,that ICC move caught the government flat footed and in an awkward position ,as of late the government had embarked extensively on a mission that was meant to differ the kenyan case.The shuttle diplomacy which was being spearheaded by the vice-president was meant to convince the kenyan ally countries to support it in it’s quest for the deferals of the ICC cases.

First,the Vice-president was tasked to convince the A.U member states and later the security council members.


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