Kenya requests ICC cases hearing

Attorney General Amos Wako. Kenya has requested the International Criminal Court Pre-Trial Chamber to grant it a hearing over the application challenging the cases against the Ocampo Six April 1, 2011. FILE

Kenya has requested the International Criminal Court Pre-Trial Chamber to grant it a hearing over the application challenging the cases against the Ocampo Six .

And the government wants to be allocated either April 7 or 8 to present its case, the days the six Kenyans facing charges relating to the post election violence are expected to make an initial appearance at The Hague.

In an application filed on its behalf by two British lawyers, the government says that it is seeking an opportunity to demonstrate to the ICC that it can handle the cases.

“The Government requests that it be afforded a separate time allocation to have an opportunity to address briefly the Pre-Trial Chamber on one or both of the hearings’ days of 7/8 April 2011, as the Court may decide in circumstances where the parties can be present,” the application reads.

The government is committing itself in a timetable in the application to give progress reports on investigations and prosecutions with a deadline of September 2011.

The application, which was filed on Thursday under the authority of Attorney General Amos Wako, anchors Kenya’s case on the new Constitution and ongoing reforms.

The application contains a time table that illustrates the government’s plan in dealing with the cases. It says that by the end of July 2011, the government will give a report on investigations under the new Director of Public Prosecutions and how they extend up to the highest levels. Two other reports will be submitted to the ICC in August and September.

The application also contains grounds under which the government is challenging the cases. It indicates that the new Constitution incorporates a Bill of Rights which significantly strengthens fair trial rights and procedural guarantees within the Kenyan criminal justice system.

The lawyers argue that the Constitution gives effect to a comprehensive range of judicial reforms which fundamentally transform the administration of justice in Kenya.

“National courts will now be capable of trying crimes from the post-election violence, including the ICC cases, without the need for legislation to create a special tribunal, thus overcoming a hurdle previously a major stumbling block,” the application says.

It adds that the new Constitution guarantees the independence of the State's investigative organs and ushers in wide-ranging reforms to the police services.

“For all of the reasons herein, and in light of all of the information submitted, or to be submitted, the Government of Kenya respectfully requests the Pre-Trial Chamber to find that the two cases presently before it are inadmissible,” the application reads