ICC pre-trial hearings - A fierce legal battle kicked off Thursday when three Kenyan suspects appeared before the International Criminal Court (ICC) at The Hague, Netherlands, for the confirmation of charges hearing. The three suspects, who could be tried on five counts of crimes against humanity, forced evictions and transfer of populations from the Rift Valley province in Western Kenya, vehemently opposed the plans to try them at the ICC.

“The requirements of crimes against humanity only apply in particular instances, not all circumstances, unless the contextual elements are met. Our position is that the threshold of crimes against humanity has not been reached,” defence lawyer George Oraro, appearing for one of the suspects, Henry Kosgey, told the ICC pre-trial hearing.

Lawyers representing former Kenyan Higher Education Minister William Ruto have complained against a biased investigation, saying the evidence being lined up against their client was a result of a flawed investigation.

“The prosecutor is supposed to investigate both incriminating and exonerating evidence.  We are acutely aware this is not a mini-trial. Ruto is here because of a flawed investigation. He feels deep and heart-felt frustrations,” said David Hooper, Ruto’s lawyer.

Earlier, the court rejected a request by the Kenyan government to send two legal representatives, saying: “Kenya has no procedural standing” on the case and does not require legal representation.

The three Kenyans, Kosgey, the suspended industrialisation minister and the Chairman of the ruling party, Orange Democratic Movement (ODM), William Ruto, and radio journalist Joshua Arap Sang, are facing charges of crimes against humanity.

The charges are related to the deadly, 2007-2008 post-election violence which erupted in Kenya after the disputed presidential elections in which then opposition leader, Raila Odinga, the ODM candidate, insisted that he had been robbed of victory.

Fighting ensued in various parts of the country, leading to the killing of some 1,300 people and the displacement of 650,000 others, mainly in the Rift Valley and Central Kenyan provinces.

Speaking during the opening of the confirmation of charges hearings, ICC Presiding Judge, Ekaterina Trendafilova rejected the plea by the defence teams for a revision of the hearing schedules to allow the defence teams more time to act. 

“The confirmation of charges is not a mini-trial. It will not decide on innocence or guilt of the accused. We will determine whether there is ground to believe there is enough evidence to proceed to full trial,” the judge asserted.

The judge protested the language used by the defence teams in channeling their opposition to the hearing schedule, which are expected to run daily from 1 to 12 Sept.

The Judge insisted the schedule was drawn due to the need to be brief and in anticipation of two other upcoming confirmation of charges hearing.

The pending hearings are those of three other Kenyans, Deputy Prime Minister Uhuru Kenyatta, former police chief Hussein Ali and Head of Civil Service Francis Muthaura.

Pana 02/09/2011