ICC judges throw out Kenya admissibility case
Judges at the International Criminal Court (ICC) on Monday threw out Kenya’s admissibility case challenging the trial of six prominent people suspected to be most culpable for the post election violence that rocked the country in 2008.
Hopes that the six, commonly referred to as the Ocampo Six, may be tried through a local tribunal have now been dashed.
The ruling was given by the full bench hearing the Kenya cases. They include Presiding Judge Ekaterina Trendafilova, Judge Hans-Peter Kaul and Judge Cuno Tarfusser.
The judges found that the Kenya government failed to demonstrate to the court that it was investigating the six suspects for the alleged crimes.
In the case against Cabinet Secretary Francis Muthaura, Deputy Prime Minister Uhuru Kenyatta, and former Police Commissioner Hussein Ali, the judges said: "...in the absence of information, which substantiates Government of Kenya's challenge that there are ongoing investigations against the three suspects, up until the party filed its reply, the Chamber considers that there remains a situation of inactivity."
On the other hand, in the case against Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua arap Sang', they said: "..the Chamber lacks information about dates when investigations, if any, have commenced against the three suspects, and whether the suspects were actually questioned or not, and if so, the contents of the police or public prosecutions' reports regarding the questioning.
"The Government of Kenya also fails to provide the Chamber with any information as to the conduct, crimes or the incidents for which the three suspects are being investigated or questioned for. There is equally no record that shows that the relevant witnesses are being or have been questioned."
Judge Kaul, who previously dissented on whether the Kenya case met the ICC threshold, this time round agreed with his two colleagues.
