Hope for violence victims as Hague trial opens

The journey to justice for the victims of Kenya’s election violence starts on Thursday when three of the six key suspects appear before the International Criminal Court’s pre-trial judges.

Suspended minister William Ruto, Tinderet MP Henry Kosgey and vernacular radio presenter Joshua Sang will be in the dock of courtroom 1 at exactly 10.30 am Kenyan time.

It will be a brief session during which three Pre-Trial Chamber judges will identify the suspects, read each of them the charges and inform them of their rights as per the Rome Statute which established the ICC.

With the world watching the proceedings on internet, the suspects will be escorted to the ICC building at The Hague by 40 MPs.

Mr Ruto, Mr Kosgey and Mr Sang will not be required to take pleas during the session that will be held in an open court.

Anxious Kenyans who will want to join those who have flown to The Hague in following the proceedings can turn to the web streaming on the internet; thanks to the ICC.

Apart from the MPs, civil society members, human rights activists and Kenyans abroad have gathered at The Hague to witness the court appearance.

Judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser will also use the initial appearance to set a date of the hearings to confirm the charges that ICC Prosecutor Luis Moreno-Ocampo has filed against the suspects over the 2008 poll chaos.

The Ocampo Six are not under obligation to attend the hearings, during which the two sides will argue out the charges.

“The confirmation hearing is held in the presence of the Prosecutor, the person being prosecuted, and his or her counsel. The suspect can waive his or her right to be present at this hearing,” said Mr Fadi El Abdallah, the ICC associate legal outreach officer.

The charges can either be confirmed or not. Should the charges be confirmed, the case will move from the Pre-Trial stage to the trial stage where the Ocampo Six or any of them who will not have been acquitted become the accused.

However, they remain innocent until the final ruling declares them innocent or guilty.

“Only if charges are confirmed by a Pre-Trial Chamber, a case is committed to trial before a Trial Chamber, and the person is considered as an ‘accused’, but benefits still on the presumption of innocence until a final sentence on the guilt or the innocence of this person,” said Mr El Abdallah.

Mr Ruto, Mr Kosgey and Mr Sang who were summoned to The Hague on March 8, flew out on Tuesday night in the company of MPs and family members.

On Friday, it will be the turn of Deputy Prime Minister Uhuru Kenyatta, Civil Service boss Francis Muthaura and former Police Commissioner Hussein Ali to take to the stand in the same court at 4.30 pm.

While Mr Kenyatta and Mr Muthaura flew out separately on Wednesday, Maj Gen Ali arrived at The Hague on Tuesday in the company of Attorney General Amos Wako and Chief Public Prosecutor Keriako Tobiko.

Lawyers for the Ocampo Six will be handed documents relating to the charges and testimonies of witnesses against them.

Defence lawyers have vowed to appeal a decision by the ICC not to reveal the identity of the witnesses.

Mr Ruto, Mr Kosgey and Mr Sang are facing charges of murder, evictions and persecution in Turbo town, the greater Eldoret area (Huruma, Kiambaa, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town.

Mr Kenyatta, Mr Muthaura and Maj Gen Ali face five counts of murder, evictions, rape, persecution and other inhumane acts that were committed in Naivasha and Nakuru.

However, Justice Kaul disagreed with the majority ruling arguing that the crimes committed during the post-election violence were outside the mandate of the ICC and should be tried by Kenyan courts.

The government has filed an application to challenge the admissibility of the case and the ICC jurisdiction. However, its request to be heard either on Thursday or Friday as the Ocampo Six make the initial appearance was rejected.

Mr Kenyatta has hired British lawyers led by Queens Counsel Steven Kay to defend him. He will be assisted by Gillian Higgins and Benjamin Joyes who will manage the case.

Mr Kioko Kilukumi will lead Mr Ruto’s defence assisted by Mr Katwa Kigen and Dr Kindiki Kithure. Mr George Oraro leads Mr Kosgey’s defence team which has on board lawyers Julius Kemboy and Allan Kosgey.

Mr Muthaura will be defended Mr Karim Ahmad Khan (counsel), Kennedy Ogeto (associate counsel) and Muriuki Mugambi (associate counsel).

Maj Gen Ali has hired Mr Evans Monari (counsel), Gershom Otachi ( associate counsel) and Gregory Kehoe (associate counsel) to represent him.

Mr Katwa Kigen will also represent Mr Sang. He will be assisted by Mr Joel Kimutai Bosek and Philemon Koech-Busienei.