A Kenyan High Court judge has said a judge at the International Criminal Court (ICC) erred in issuing an arrest warrant for two Kenyans wanted by the ICC for offenses against the administration of justice. This decision was made in November 2017 but only recently published online.
Judge Luka Kimaru declined to issue an order to execute an ICC arrest warrant for Paul Gicheru, a lawyer, and Philip Kipkoech Bett, stating that the single judge of the ICC’s Pre-Trial Chamber II issued the warrant on “speculative” grounds.
The judge also censured the Cabinet Secretary for Interior, the Director of Public Prosecutions, and the Attorney General for seeking an order to execute the ICC arrest warrant instead of protecting the rights of Gicheru … Continue Reading
A senior prosecutor told Kenya’s High Court that the country is unwilling to prosecute two Kenyans wanted by the International Criminal Court (ICC) in relation to bribery allegations against them.
Senior Assistant Director of Public Prosecutions Victor Mule told the court on Thursday that in such a situation the ICC can exercise its jurisdiction as a court of last resort. He argued this was possible because the ICC’s founding law, the Rome Statute, has force of law in Kenya.
Mule said this during submissions before Judge Luka Kimaru on an application the Director of Public Prosecutions made to execute an arrest warrant for Paul Gicheru and Philip Kipkoech Bett. The ICC issued an arrest warrant for them in March 2015 alleging they have bribed … Continue Reading
A lawyer who represented victims in one of the Kenya cases at the International Criminal Court (ICC) told the Kenyan High Court that individuals wanted by the ICC for alleged bribery cannot demand to see the evidence against them before they have been charged.
Wilfred Nderitu told the court on Wednesday that Paul Gicheru and Philip Kipkoech Bett, against whom the ICC has issued arrest warrants, cannot claim the fair trial rights in Kenya’s Constitution because neither of them is an accused person.
“My submission is that that is not applicable at all. (Article) 50 (2) (of Kenya’s Constitution) relates to the rights of an accused person. Neither the first respondent (Paul Gicheru) nor the second respondent (Philip Kipkoech Bett) is an accused person,” … Continue Reading
Philip Kipkoech Bett, a Kenyan wanted by the International Criminal Court (ICC) for alleged bribery, has challenged an ICC arrest warrant against him, arguing it lacks details of the evidence against him and infringes on his fair trial rights.
Anthony Kiprono, who represents Bett, told the Kenyan High Court on July 20, 2017 that an application by Kenya’s Director of Public Prosecutions (DPP) to execute the ICC arrest warrant against Bett is flawed because the DPP had not made an independent evaluation of the warrant and was simply asking the court to execute it on its face value.
Kiprono also argued before Judge Luka Kimaru that the allegations in the ICC arrest warrant pertain to offenses that can be tried in Kenya’s … Continue Reading
A senior prosecutor told Kenya’s High Court the Directorate of Public Prosecutions has never followed up on allegations of sexual crimes made to two government-appointed commissions that investigated the violence that followed the 2007 presidential election.
Jacinta Nyaboke Nyamosi told the court on Wednesday that as head of the Sexual and Gender-Based Violence Division at the directorate she had not asked the commissions that investigated the violence that occurred between December 2007 and February 2008 to share the complaints they received.
Nyamosi returned to court on Wednesday to continue testifying as a witness for one of the respondents to a petition by survivors of sexual and gender-based violence (SGBV) that occurred after the bloodshed that followed the 2007 poll. She began testifying … Continue Reading
A senior prosecutor told the High Court of Kenya 21 sexual and gender-based violence cases were filed in court following the violence that wracked Kenya after the 2007 presidential election.
Jacinta Nyaboke Nyamosi told the High Court on Wednesday, March 29, this was information in a press brief made by a multi-agency task force that reviewed cases from the post-election violence of December 2007 to February 2008.
“We got 11 convictions. In one case there was an acquittal. Five cases were withdrawn. In three cases there were warrants pending,” Nyamosi told the court.
“The accused absconded?” asked Judge Enock Chacha Mwita.
“Yes,” Nyamosi replied.
Nyamosi was testifying on Wednesday as a witness for one of the respondents to a petition by survivors of sexual and … Continue Reading
The experience in Chile shows that the quest for justice has been a long one. As Kenyans come to terms with the failure of the International Criminal Court investigation and slow pace of domestic accountability for crimes committed during the post-election violence that occurred over nine years ago, they can perhaps learn from the painful experiences of Chile and other countries from around the world that ultimately, with sufficient perseverance, victims can achieve justice.
It has been almost 27 years since the end of the dictatorship of General Augusto Pinochet, and under the democracies that have followed, one persistent problem has been the pursuit of justice – but only “insofar as it is possible,” to paraphrase former president Patricio Aylwin. This … Continue Reading
Judges of the International Criminal Court (ICC) have decided Kenya should be referred to the court’s membership for not cooperating with the ICC during the now-terminated case against President Uhuru Muigai Kenyatta.
This decision makes Kenya the third country this year to be referred to the ICC’s membership, known officially as the Assembly of State Parties (ASP). The ASP is composed of countries that have ratified the ICC’s founding law, the Rome Statute. It is also the top decision-making body of the ICC when it comes to making changes to the Rome Statute and the ICC’s rules and regulations.
Djibouti and Uganda are the first and second countries to be referred to the ASP this year. A pre-trial chamber decided on … Continue Reading
An expert witness told Kenya’s High Court the failure of a sexual violence victim to report what happened to them does not invalidate their right to reparations.
Betty Murungi testified on Friday during the hearing of a petition filed by survivors of sexual and gender-based violence (SGBV) that occurred when bloodshed erupted after the December 2007 presidential poll.
The petitioners – six women and two men – are asking the court to find that the government failed to protect them during the violence that shook Kenya between December 2007 and February 2008 and is commonly referred to as post-election violence. Four organizations are also petitioners in the case. These are: the Coalition on Violence against Women; Physicians for Human Rights; the Independent … Continue Reading
Victims of sexual violence may not want to speak immediately about what they have gone through, a witness told the Kenyan High Court during a hearing into a petition filed by survivors of sexual and gender-based violence (SGBV) perpetrated after the 2007 presidential poll.
Saida Ali, a former executive director of the Coalition on Violence Against Women (COVAW), made the observation on July 21 in response to a question from Senior Assistant Director of Public Prosecutions Edwin Okello. Ali, who is the 15th witness for the petitioners, was testifying for a second day during which lawyers representing the government and government agencies cross-examined her. You can read about her first day of testimony here.
Before Okello asked Ali his question, he had … Continue Reading