ICC Decision on the Request of the Kenyan Government to Submit Amicus Curiae Observations

Yesterday, 8 October 2013 the Trial Chamber V(a) of the International Criminal Court (ICC) issued a decision on the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang.

Decision on the Request of the Government of Kenya to Submit Amicus Curiae Observations

The Chamber authorises the Government of Kenya to Submit Amicus Curiae Observations in response to the “concern raised by the Court regarding the possible impact of the resolutions made by Kenya's National Assembly and Senate [...] regarding Kenya's withdrawal from the Rome Statute”.
 The Government of Kenya should file its written submissions no later than 16 October 2013 at 16:00. Parties and participants are invited to file their responses to such submissions no later than 18 October 2013 at 16:00.

Context: According to Rule 103(1) of the Rules of Procedure and Evidence of the ICC, at any stage of the proceedings, a Chamber may, if it considers it desirable for the proper determination of the case, invite or grant leave to a State, organization or person to submit, in writing or orally, any observation on any issue that the Chamber deems appropriate.

The Chamber is currently considering the issue of the impact of the debate and resolutions of the Kenyan Parliament regarding Kenya's status as a State Party to the Rome Statute on the safety, physical and psychological well-being of witnesses testifying in the Ruto and Sang case.

Judges have considered that “submissions from the Government of Kenya on these resolutions may be of assistance to the Chamber [… and] desirable for the proper determination of the issues under consideration by the Chamber.” 

 Download Decision on the Request of the Government of Kenya to Submit Amicus Curiae Observations

For more information on this case visit the ICC website

Mid-Week Shocker: Arrest Warrant Issued for Walter Barasa on Suspicion on Corruptly Influencing Wittnesses

Walter Barasa  | Courtesy of the People News 

Yesterday [Wednesday October 2, 2013] at around mid-day the news of an arrest warrant against Mr. Walter Barasa began to percolate in the dynamic blogosphere and micro-blogging platforms. This was through the unsealing of the arrest warrant that had been issued to Kenya a while back.

This arrest warrant being the first for Kenya and the first in the history of the court for offences of interfering with witnesses is no doubt a game changer. Immediately, folks close to the establishment read malice and posted this comments on social media;

Two weeks ago, Prosecution: "Mr. President your Honours, in the coming days Co-operation will be "tested"....two weeks later...."warrants of arrests issued".....it is easier to defend a guilty man than an innocent one. The Lubanga case shows that the ICC will stop at nothing; stoop to unimaginable depths while acting against even the Rome Statute, in order to TEST co-operation. - J. Mbiuki - Counsel at the Presidency

Then today came the announcement by the Attorney General Githu Muingai that the arrest warrant would be subjected to the Judicial process which will determine if the state will hand over Mr. Barasa to the ICC. So we are bound for some interesting times ahead.

Listen to the Prosecutor making an announcement that preceded the announcement of issuance of an arrest warrant against Mr. Barasa 

Press Release from ICC 

Press Release: 02.10.2013

Arrest Warrant Unsealed in Kenya situation: Walter Barasa suspected of corruptly influencing witnesses

Situation: The Republic of Kenya
Case: The Prosecutor v. Walter Osapiri Barasa

Today, 2 October 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972. He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute.

Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC. Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.

Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.
The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

Video of  press point by the ICC Prosecutor on the arrest warrant against Walter Barasa

Re-ducted Arrest Warrant against Mr. Barasa  can be found here: Arrest Warrant against Mr. Barasa

D-Day: Deputy President William Ruto and Journalist Joshua Sang at the International Criminal Court

Khan, Sang and DP William Ruto. Photo Courtesy of DPPS

Ruto and Sang Case
Press Conference September 9, 2013 at The Hague


Pre Trial Reads

1. Reporting Kenya. - ICC Prosecutor, Defence Gear Up for Kenya Trial by Simon Jennings. 
2. Daily Maverick. - Analysis: Ruto and Kenyatta are still one step ahead of the ICC by Simon Alison
3. Daily Nation. FULL COVERAGE: Ruto, Sang stand trial at The Hague
4. Financial Times. - ICC under scrutiny as Kenya’s deputy president faces trial by Katrina Manson
5. Washington Post. - International Criminal Court tries Kenya deputy president Ruto for post-election violence by AP
6. RFI. - Phil Clark: "The ICC has a certain political naivete" by Olivier Rogez
7. New York Times. - Justice for Kenyan by Kofi Annan

'One concrete outcome was the Waki commission, a national inquiry into the postelection violence. It concluded that the violence was not just spontaneous, but, in at least some areas, a result of planning and organization, often with the involvement of politicians and businessmen. This was not surprising — politicians hungry for power have long exploited Kenya’s ethnic divisions with impunity.' – Kofi Annan 

Trial Watchers Kenya
The Open Society Foundation funded ICC Kenya Monitor is a good resource to track the Ruto and Sang Case.

The other site to check one's in a while is the africog site

Download OSF briefing paper of the trial here

Mindspeak Postmortem: My impressions on the Belgian Deputy Prime Minister and Minister of Foreign Affairs and Follow Up on his Charm Offensive on Kenyans!

Mindspeak in Session. Picture Courtesy of Belgium Embassy in Nairobi

Aly Khan hosted the Deputy Prime Minister and Minister for Foreign Affairs Didier Reynders at Intercontinental on August 17, 2013. Apart from the expected aloofness of diplomatic security that decided to conduct a security check just before the session started the session insightful as they come. The deputy prime minister demonstrated his grasp of current affairs and geopolitics of African continent. He and for that matter both Belgium and EU seemed to know that Africa is the land of rising opportunities and that the Chinese we’re way ahead of them in terms of footprint and influence in the region. Although Europe might have been colonized Africa the tables seems to be stuck against them.

Therefore, a visit by Didier Reynders an old hand in the EU seems to be a game changer in the dynamics of Africa Geopolitics. Didier was on a visit to Africa which saw him visit DR Congo before he came to Kenya. His visit to the DR Congo was the first significant visit by a high ranking Belgium government official. Also his visit was preceded by the abdication of the King to the throne in favor of his eldest son. Hence one could say a new beginning was emerging in Belgium and hopefully the rest of the EU countries will follow suit.

The Deputy Prime Minister talked about the following key topics in his two one hour presentation and later question and answer session;
Peace and Stability in the Regional
He did mention his trip to DR Congo and talked in length about his impression of Katanga and the significant role Kenya plays in the great lakes region. Also, on this issue he talked about Somalia and the enormous opportunities that exists there now that the country was experiencing stability after a long conflict. He talked of the input of the EU in bringing about and safeguarding the peace in Somalia.

The EU Market the EPA with EAC
In a response to a question from the audience he tried his hand in answering a question on the long negation between European Union and East African Community in sealing an Economic Partnership Agreement. He was aware that the head of negotiation from EU has been coming to the region and that could be a sign that the negotiations are in their penultimate stages.

China in the Region
The Deputy Premier told us his firsthand accounts of observing one of the biggest mosques in North Africa being constructed by the Chinese. However he pointed out the new emerging trend where European and Chinese are merging and doing business in Africa.

European Union and the reason why Africa ought to Integrate
Didier Reynders having participated in the formation of the Euro in the EU in the late 90’s observed that regional integration was the way to go for Africa if it seeks to be a significant player in the 21st Century.

Bottom Line
The Belgian DP and foreign Minister showed his intent of diversifying and engaging Africa. It is up to our government to do its homework and seek meaningful engagement with Belgians which could be an opening gambit to the European Market.

Follow Up On the Deputy Prime Minister Charm Offensive in Kenya

Immediately after Mindspeak the Belgium Ambassador to Kenya hosted a lunched at his residence and invited members of the business community who we’re addressed by the DPM.

Thereafter, the DPM enjoyed a Safari in our National Park and the proceeding week signed a 27 million Euros agreement with the Finance cabinet Secretary and later met our deputy president William Ruto

Observation: Samantha Power at the UN should be a consern to UhuRuto Government

Samantha Power replaced Susan Rice as the next US ambassador to the United Nation. Recently we witnessed the UruRuto Government flexing its muscle by lobbying African government to support their cause through the African Union. This was an expected move from the two considering they currently facing charges at the ICC. however, the appointment and confirmation of Samantha Power should put some brakes into the recently adopted AU position on ICC cases. According the leaning of power and writings then the coming times should be pretty interesting to watch.

But Power's staunch advocacy of U.S. intervention on moral grounds has long appealed to neoconservatives who share her view that the principle of sovereign national borders is not absolute

Recommended reading 

All the President’s Men: The Men and Women Advising UhuRuto Government

It is almost one hundred days since Uhuru Kenyatta ascended to the presidency and the coming into office of the Jubilee government. A lot has taken place in the last ninety days and while the jury may not be out on how President Uhuru Kenyatta will is expected to perform we have the first hundred days as a yard stick to measure his leadership mantle. The most significant occurrence for me was the announcement of the cabinet which left even the most astute political commentator’s way off. However just like the previous governments and all governments for that matter there are what is normally called the presidential men/women. Below are some key folks to watch out in UhuRuto government.

Key Presidency Staff

1. Chief of Staff and Private Secretary to the President Jomo Gecaga [President's Kin]
2. Head of Presidential Press Service - Isaiah Kabira [President Kibaki's PPS]

1. Chief of Staff for the Deputy President  - Marianne Kitany
2. Private Secretary - Reuben Maiyo
3. Head of Deputy President Press Service - David Mugonyi

Advisors

1. Abdikadir Mohammed - former MP and an instrumental figure in drafting of new constitution
2. Joshua Kuttuny - former MP and a Ruto diehard
3. Sam Ongeri - former MP & foreign affairs Minister who supported Uhuru in Kisii land
4. Jasper Mbiuki - lawyer who is also TNA legal secretary, instrumental in setting up TNA and seconded the president at IEBC
5. Nancy Gitau - Kibaki's political adviser who is said to know where the wind blows
6. Nixon Korir  - URP official

Functions

Abdikadir is in the presidents special adviser on devolution and constitutional affairs and is based at State House while Sam Ongeri, is the special adviser on governance issues. Kuttuny is a special adviser on political affairs. These three are based at Harambee House in the city centre.

Former Treasury PS Joseph Kinyua is the special adviser on finance and economic affairs while KenGen MD Eddy Njoroge is the government’s adviser on energy and petroleum.

Jasper Mbiuki is a legal adviser to the Presidency while Nancy Gitau is a special adviser on governance. These two are based at State House.

Nixon Korir is a special adviser on youth affairs and special projects and is based at Ruto's Harambee Avenue office.

Source the star