Bid to have ICC trials in Kenya denied
What you need to know:
- ICC judges have rejected request to have trials in Kenya
The International Criminal Court judges have rejected a request by two of the Kenya accused to have their trials conducted either in Kenya or Arusha.
The judges ruled that the request can only be made to the court’s presidency and asked Deputy Prime Minister Uhuru Kenyatta and former head of civil service Francis Muthaura to apply again if they want to continue pursuing the matter.
The judges also rejected a request by Mr Muthaura to have the court invite submissions from the authorities in Kenya and/or Tanzania as to the prospect of holding the trial in either country.
The Trial Chamber said that though Article 3(3) of the Rome Statute indicates that the Court may sit elsewhere, whenever it considers it desirable, such a decision can only be made by the court’s President, according to Rule 100 of the court’s regulations.
“It follows from this provision that any party wishing to change the place of trial has to submit a formal application to the Presidency which must then seek the views of the relevant Chamber. It is also for the Presidency, upon receipt of a request to change the place of trial, to consult the State where the Court may sit,” the judges said.
The trial against the two over the post-election violence is to kick off on April 11 next year and as it remains it will be held at The Hague.
The case against Eldoret North MP William Ruto and radio presenter Joshua Sang will kick off on April 10.
In May, Mr Kenyatta requested that the trial be held in Kenya “for reasons of judicial economy and to ensure that the judicial process takes place within the territory affected.”
Mr Muthaura requested the Chamber to consider the possibility of holding the trial in Kenya or, alternatively, in Arusha, Tanzania at the premises of the International Criminal Tribunal for Rwanda.
Mr Muthaura submitted that changing the place of the proceedings would reduce the disruption and strain that the trial would place on the accused and could additionally reduce costs relating to witness travel, reduce disruption to victims and ensure that the judicial process remains in, or in proximity to, the territory concerned.
Mr Muthaura also requested the Chamber to invite the competent authorities of Kenya and/or Tanzania to inform the Chamber on the feasibility and their willingness of hosting the trial proceedings on their territory.
