Don’t risk arrest, judge warns again

AFP | Nation
Deputy Prime Minister Uhuru Kenyatta (back left), Civil Service chief Francis Muthaura (second left) and Postmaster-General Hussein Ali (third right) during the hearing at The Hague on April 08, 2011.

What you need to know:

  • Muthaura moves to distance himself from provocative actions
  • Ali wants Ocampo stopped from making statements outside court
  • Uhuru complains he first heard of accusations through the media

The second set of post-election violence suspects appeared before the International Criminal Court on Friday to hear the judge repeat a stern warning against activities that could lead to issue of arrest warrants.

As the court repeated the warning issued when the first set of three suspects appeared the previous days, Public Service head Francis Muthaura, through his lawyer, sought to distance himself from the utterances and activities that have prompted the warnings.

The appearance on Friday initiated a battle looming over the production of evidence by the prosecution.

Lawyers representing Mr Muthaura and co-defendants, Deputy Prime Minister Uhuru Kenyatta and former Police Commissioner Hussein Ali, asked the court to ensure that Chief Prosecutor Louis Moreno-Ocampo gives the defence all statements submitted to the court.

This, the lawyers said, would enable them start proper defence for their witnesses ahead of the September 21 start of confirmation of charges hearings.

Later, Mr Kenyatta, Mr Muthaura, and Gen-Ali expressed satisfaction with the proceedings and predicted that they would be exonerated.

Mr Kenyatta and Mr Muthaura were responding to questions by journalists while the response for Maj-Gen Ali was given by his lead counsel, Canadian Gregory Kehoe.

Another case involving suspended Cabinet ministers William Ruto and Henry Kosgey and broadcaster Joshua Sang was dealt with on Thursday.

In addition to the accusations of murder, forcible evictions and persecution levelled against Mr Ruto, Mr Kosgey and Mr Sang, new allegations of rape and other inhumane treatment were added to those made against Mr Kenyatta, Mr Muthaura and Maj-Gen Ali.

A group of NGOs in The Hague for a separate meeting, condemned what they termed obsession by the government to protect the six suspects and ignore the plight of the 1,133 people who died during post election violence and more than 6,000 who were displaced.

“Moreover, it should be noted that it is neither the government of Kenya nor ethnic communities on trial but individuals who bear personal criminal responsibility,” they said in a statement.

It was issued by representatives from Kenyans for Peace With Truth and Justice, Kenya Human Rights Commission, Kenya Section of the International Centre for Justice, Coalition on Violence Against Women, International Centre for Policy and Conflict, Kituo Cha Sheria and International Centre for Transition Justice.

The court set April 18 as the date when Mr Moreno-Ocampo will brief it on how he would share details of the number of witnesses, how statements will be shared with the defence.

A lawyer for Mr Muthaura moved to exonerate the civil service boss of blame in making statements the court has decided as dangerous speech.

Judge Ekaterina Trendafilova was more forceful this time round about speech which the court perceives as threatening recurrence if violence.

“The chamber will view such conduct as violation of the terms of conditions for the summons to appear to be replaced with warrants of arrest,” she said.

Mr Karimi Ahmad Khan, lawyer for Mr Muthaura rose to say: “I wish to confirm that my client is willing to comply with all conditions set by the chamber.

“My client also wishes to confirm that he has not said or done anything that would amount to dangerous speech”, Mr Khan said before the judge pointed out that she had made it clear that she was not referring to anyone.

He said he was addressing the chamber but also the members of the public watching proceedings in Kenya.

Unlike Thursday when the judge stuck strictly to the issue of confirming the witnesses identity, that they had been made aware of their rights and that they had been officially served with details of the allegations levelled against them, this time round, the panel of international lawyers assembled by the top government officials managed to raise issues with the court.

Maj-Gen Ali’s lawyer, Mr Gregory Kehoe, wanted the court to gag Mr Moreno-Ocampo to stop him from making what he termed “extra judicial pronouncements.”

He said just in the same manner the court had issued orders on dangerous speech, It should consider extra judicial statements made by Mr Moreno-Ocampo at news conferences.

The judge said the chamber would consider the matter and make it’s findings known.

Mr Moreno-Ocampo said he would submit written submissions for some if the applications made by the lawyers.

Earlier, Mr Moreno-Ocampo said the application by the government challenging admissibility of charges had complicated his disclosure of evidence and witnesses he wants to use to the defence ahead of time.

During the conference on April 18, the court will hear from the prosecutor an estimate of documents he wants to use to prove the cases, number of witnesses, no of witness statements, indication whether he intends to involve victims and his many witnesses he intends to keep confidential.

The defence team will be required to indicate whether they want to call witnesses and the documents they intend to use.

“The prosecutor should be able to give us what he gave you on December 15, last year to make you decide to issue the summons,” said Mr Khan.

Mr Muthaura was represented by Mr Karimi Khan, Kennedy Ogeto and Muriuki Mugambi.

Mr Kenyatta was represented by an all English team of lawyers Steven Kay, Gillian Higgins and Benjamin Joyes.

Maj-Gen Ali’s lawyers are Mr George Kehoe, Evans Monari and Gerishom Otachi Bw’onanwa.

Members of the larger Kenyatta family, including Cabinet minister Beth Mugo, a cousin of Mr Kenyatta, were in court as were Mr Muthaura’s family members.

Attorney General Amos Wako, solicitor general Wanjuki Muchemi and Chief Public Prosecutor Keriako Tobiko and a group of MPs attended the hearing.

After the hearing, Mr Kenyatta joined the MPs in singing patriotic songs.