ICC judges to issue simultaneous decision in two Kenya cases

The International Criminal Court (ICC) has decided it will make a simultaneous ruling on whether the two Kenya cases shall proceed to trial.

Ekaterina Trendafilova, sitting as the Single Judge for Pre-Trial Chamber II, made the decision Wednesday after the court had received all the final submissions in the first Kenya case. Pre-trial hearings for the two Kenya cases were held with a 13 day lag between each raising the possibility Pre-Trial Chamber II could issue decisions on separate dates.

“The Registrar has drawn the attention of the Single Judge to the fact that if the article 61(7) decisions in the two cases are issued separately, and whatever is decided in the first case, it is likely that a rise in tension may occur, and speculations or potentially heated public debate might take place with an expectation of the same result in the second case,” said Trendafilova, explaining the reason behind her decision.

“Thus, according to the Registrar, issuing the decisions simultaneously could make a significant difference on how the Kenyan population reacts to the decisions,” the judge continued.

Judge Trendafilova did not give a date for when the simultaneous decisions can be expected. However, she based her decision on a provision in the court’s regulation that allow judges to vary the time limit on rulings if there is “good cause.” Judge Trendafilova said that the decision was to extend the time limit to make a decision in the first Kenya case so that it can be made at the same time as the second case.

Lawyers for the victims in both cases have said that it would be in the interest of their clients if the judges determined the two cases at the same time.

The Single Judge also reiterated her appeal made earlier this month to all Kenyans, “to respect the life, security and property of victims and witnesses and to refrain from engaging in any activities that are likely to trigger or exacerbate tension and violence in the Republic of Kenya”.

Final submissions were received from all parties in the first Kenya case on Monday, which automatically set the clock on a 60 day deadline for Pre-Trial Chamber II to issue a decision on whether the suspects should stand trial. The submissions follow confirmation of charges hearings that were held between September 1 and September 8. The suspects in the first case are former Higher Education Minister William Samoei Ruto, former Industrialization Minister Henry Kiprono Kosgey, and radio journalist Joshua arap Sang. The ICC prosecutor wants each of them charged with three counts of crimes against humanity.

The confirmation of charges hearings in the second Kenya case only concluded earlier this month, which means that the deadline for final submissions is yet to be reached. The suspects in the second case are Deputy Prime Minister and Finance Minister Uhuru Muigai Kenyatta, Head of Public Service and Secretary to the Cabinet Francis Kirimi Muthaura, and former police chief Mohammed Hussain Ali. The ICC prosecutor wants each of them charged with five counts of crimes against humanity.


  1. It is for the interest of Kenyans that these cases are handled expeditiously to deliver justice to both the victims and the accused.Let justice prevail and let the truth be told.People lost lives,property and many crimes committed against them and the government of Kenya,their own government abandoned them in IDPs.
    Victims are seeking justice from the international community as their only last savior.If the Ocampo 6 have a case to answer,then let them do so and bring out the truth.If they are innocent,then let them be set free unconditionally,but justice and the truth must be sought for so as to ensure innocent Kenyans dont lose their lives and property for political reasons.
    Nobody can trust the government of kenya to deliver justice to the victims.


  2. Let the suspects face the wrath of law coz even the IDP’s are still in danger and the young men who died be4 completing their dreams in life are also crying, so let justice prevail but let the judgement be a lesson to other people who may plan for such in the coming years of election


  3. In the suday Nation of 30th there was a sad case of a lady from Nyanza who was gang raped and infected with HIV in Naivasha she later died.Once we are through with the BIG GUNS at the ICC we should also pursue the small fellows who molested and raped and burned houses and killed.They are known and its easy to grab them.The soul of that lady should be soothed through justice and quickly.


  4. Among the kenyan 6 someone among them must take the noose.Kenyans want these main guys committed to trial and subsequent punishment lest they grab the leadership of this country. Help us Fatou


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