Appeal blow for Ocampo Four

The stage was on Friday set for the International Criminal Court to constitute a trial chamber to try Kenyan post-election violence suspects.

This was after the Pre-Trial Chamber judges rejected the suspects’ request to appeal against the chamber’s January 23 decision committing them to trial.

The president of the court is now expected to constitute the trial chamber by May 9 which will then set the calendar for the trials.

The decision is set to be a major blow to two of the suspects— Mr Uhuru Kenyatta and Mr William Ruto— who have expressed their interest to run for the presidency in the next elections.

The start of the trials would be a blow to their plans as the law requires that they be at The Hague in person for the hearings.

The other suspects are Mr Francis Muthaura and Mr Joshua arap Sang.

Judges Ekaterina Trenadafilova and Cuno Tarfusser said they were not convinced that the issues raised by the suspects were appealable.

The third judge, Hans-Peter Kaul, said he had not participated in making the decision as he had already dissented on the confirmation of charges.

The judges ordered the court’s registrar to transmit to the presidency the decision on the confirmation of charges together with the record of the proceedings in the cases.

They also directed that the names of Mr Henry Kosgey and Mr Hussein Ali to be removed from any of the future documents relating to the cases.

The suspects had identified several issues that they wanted to appeal arguing that the judges erred in law by using flawed evidence from the prosecutor.

But the judges agreed with prosecutor Luis Moreno-Ocampo that thesuspects were arguing against the judges thinking and decision and not legal issues.

“It follows that the defence’s argument with respect to the existence of an appealable issue arising out of the confirmation of charges decision is constructed on a misconception and misreading of the chamber’s decision. For this reason, the Chamber cannot accept the defence’s argument that there is an 'appealable issue' amounting from the confirmation of charges decision,” the judges ruled.

Appeal Chamber judges led by Ghanaian Akua Kuehenyia on February 29, rejected an appeal by the suspects to suspend the trial until their appeals are heard.

The ruling communicated by the Ghanaian judge means the trial can continue even as the appeals are being argued.

The Appeals Chamber judges said that if they eventually decide to grant the appeal, any ongoing proceedings would be discontinued at that time.

“The Appeals Chamber emphasises that the present decision is concerned only with the request for suspensive effect,” judge Kuehenyia said in the ruling.

Mr Ruto and Mr Sang are accused of murder, forcible transfer of the people and persecution after President Kibaki was declared the winner of 2007 General Election.

Mr Kenyatta and Mr Muthaura are accused murder, deportation or forcible transfer, persecution and rape during the chaos that claimed over 1,133 lives.