World court quashes Kenyan appeal on post-poll violence

(InformAfrica) — The International Criminal Court (ICC) on Tuesday quashed Kenya’s appeal against the admissibility of two cases against six top officials charged over deadly 2007-08 post-poll violence.

Kenyans run past anti-riot police with their hands raised at Kibera slum during demonstrations in Nairobi. Photo: AFP

“The pre-trial chamber correctly decided and… the case against the suspects is admissable,” said Judge Daniel David Ntanda Nsereko at a hearing held at the Hague-based court.

Kenya on March 31 challenged the ICC’s jurisdiction to prosecute the six for crimes against humanity including murder, forcible transfer and persecution, with the African country saying it could handle its own investigation and prosecution of the suspects.

But the court’s pre-trial chamber rejected Nairobi’s application, saying “the available evidence and arguments show that there is no concrete action demonstrating that investigations are in progress”.

Kenya appealed the court’s ruling on June 6, saying the ICC’s pre-Trial Chamber erred on legal, factual and procedural grounds and asked for the cases to be declared inadmissible.

But appeals judge Nsereko agreed with the assessment by pre-trial judges by saying they were correct in their assessment of Kenya’s case.

The accused are divided into two groups, with sacked higher education minister William Ruto, former industrialisation minister Henry Kosgey and radio executive Joshua arap Sang, scheduled to appear on Thursday to hear if charges against them will be confirmed or not.

Deputy Prime Minister and Finance Minister Uhuru Muigai Kenyatta, public service head Francis Muthaura and former police chief Mohammed Hussein Ali are to face ICC judges later this month for a similar process.

Kenyatta is the son of Kenya’s founding president and one of the richest and most influential men in the country.

The six are all senior allies of President Mwai Kibaki and of his then election rival Raila Odinga, who is now Kenya’s prime minister.


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