How court reached decision to charge four with crimes against humanity

The following is a summary of the ICC Pre-Trial Chamber II ruling on its decisions concerning the charges against MPs Ruto and Kosgey, radio presenter Sang, Civil Service boss Muthaura, Deputy Prime Minister Uhuru and post-master general Ali.

Presentation for January 23, 2012, in Case 1 and Case 2

Court officer, please, call the two cases in the Kenya situation.

Thank you, court officer.

Good morning, to everyone who is joining us from in and around the court and also to those joining us from the Republic of Kenya via the Internet or otherwise.

Pre-Trial Chamber II of the International Criminal Court composed of judges Hans-Peter Kaul to my right, Cuno Tarfusser to my left and I — Ekaterina Trendafilova — the Presiding Judge of this Chamber, has decided to appear in court this morning to present an oral summary of its decisions concerning the charges of the Prosecutor against:

William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang in Case 1 and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali in Case 2.

Before presenting a summary of the chamber’s findings, I would like to clarify that this is not a hearing or a court session.

The Prosecutor and the defence teams are not present, the legal representatives of victims are also not in attendance, the registrar and her colleagues are not here, and the Chamber’s legal officers are also absent from the courtroom.

Rather, the Chamber is alive to its role in ensuring that both the public at large and interested Kenyans, are duly informed of the Chamber’s decisions regarding charges emanating from the violence, which engulfed the Republic of Kenya, after the announcement, on December 30, 2007, of the results of the presidential elections.

In Case 1, the Prosecutor presented six counts charging the three suspects with crimes against humanity of murder, deportation or forcible transfer of population and persecution.

In Case 2, the Prosecutor presented 10 counts charging the other three suspects with crimes against humanity of murder, deportation or forcible transfer of population, rape and other forms of sexual violence, other inhumane acts and persecution.

The Chamber is mindful of concerns regarding the precarious security situation in parts of the country.

It is also attentive of its responsibility to maintain stability in Kenya, and to fulfill its duty vis à vis the protection of victims and witnesses.

Thus, the Chamber considered it necessary to issue the two decisions on the charges of the Prosecutor on the same day and did so today (Monday) before this appearance. The parties and participants were notified accordingly of the decisions.

Now I will turn to the decisions of the Chamber issued today (Monday).

After having thoroughly examined and analysed individually and collectively all the evidence presented, the Chamber, by majority, decided to confirm the charges against four of the six suspects, as will be explained later in more detail.

Judge Kaul appended a dissenting opinion in both cases.