AfricaNews Monitoring Team
The International Criminal Court (ICC) has ruled that four senior Kenyan officials are to stand trial over violence after the 2007 election. The four - deputy prime minister Uhuru Muigai Kenyatta, ex-minister William Samoei Ruto, Francis Kirimi Muthaura civil service head and cabinet secretary and Joshua Arap Sang. They are to face charges on murder, deportation and forced displacement, persecution, rape and sexual violence and other inhumane acts.
The court has however dropped cases against Henry kosgei and Mohamed Ali - the former police commissioner.
However, Samooei Ruto has stated that he is still in the presidential race for this year and has asked his supporters to be calm. According to AfricaNews reporter Joyce Wangui, Ruto has stated clearly that he is going to appeal against the ruling.
More than 1,200 people were killed in weeks of unrest after the 2007 poll in that country and some 600,000 people were forced to flee their homes.
The violence began as clashes between supporters of the two rival presidential candidates - Raila Odinga and Mwai Kibaki - but it snowballed into a bloody round of score-settling and communal violence.
Reactions
In a sharp reaction to the ruling by the International Criminal Court, Alison Smith, Legal Counsel of No Peace Without Justice (NPWJ issued the following statement:
“No Peace Without Justice (NPWJ) and the Nonviolent Radical Party, Transnational and Transparty (NRPTT) welcome Pre-Trial Chamber II’s decision to confirm charges against four individuals for crimes committed during the post-election violence in Kenya, which left over one thousand people dead and displaced hundreds of thousands. The decision to launch full trials against four of the six individuals charged is a monumental step toward the achievement of justice for Kenyans. Impunity for political violence has been the norm in Kenya for far too long and this ruling by the ICC demonstrates that crimes against humanity must never go unpunished.
“This ruling is especially significant in light of the political involvement and influence of the individuals charged, among whom are two candidates for the 2012 Presidential elections: Uhuru Kenyatta and William Ruto. The commencement of trials of these two politicians signifies to the international community that no one is exempt from justice – regardless of identity, political affiliation or power. It also signifies that the days of rewarding violence with political power are over.
“NPWJ and the NRPTT urge the four individuals charged, along with the Government of Kenya, to continue to cooperate with the ICC, including this ruling, and to take all possible steps to guarantee that the trials proceed promptly and smoothly. While the Government of Kenya has opposed ICC involvement in investigations against these six individuals and has refused to arrest Sudan’s President Omar al-Bashir, who is subject to an ICC arrest warrant, this ruling affords the Government a second opportunity to demonstrate its firm opposition to the perpetration of politically-motivated mass crimes and its commitment to the ultimate goal of pursuing justice.
“Moreover, with the start of a new phase in the judicial process, we also urge the ICC to ensure that the concerns of victims and those affected by the crimes whose charges were confirmed today are heard and addressed. It is important to recall that victims have a right not only to justice, but also to reparation and assistance. Therefore, outreach efforts on the ground must be amplified in order to meet all the fundamental needs of victims and communities across Kenya who have been affected by the crimes committed during the post-election violence, with a special focus on women and children.
“NPWJ and the NRPTT recognize that with the dropping of the cases against Mr Kosgey and Mr Ali, some individuals may feel betrayed by this decision. Nevertheless, we urge all Kenyans to accept this ruling peacefully, recalling that the ICC is an independent and unbiased tribunal and that justice will ultimately be delivered – whether internationally or by domestic institutions.
“To that end, NPWJ and the NRPTT note that the pursuit of justice cannot be undertaken solely by the ICC, which focuses on perpetrators at the highest level. Kenya too has a responsibility to its citizens – including hundreds of thousands of victims – to pursue accountability and prevent impunity at all levels of perpetration. Thus far, no criminal accountability process has taken place in Kenya to address the crimes committed in 2007. NPWJ and the NRPTT therefore urge the Kenyan Judiciary to embark swiftly upon the long-overdue domestic investigations and prosecutions of all those criminally responsible for the post-election violence in Kenya .”
AfricaNews reporter Joyce Wangui also reports that residents of Gatundu where Uhuru kenyatta hails are crying foul over the ruling as they see no fairness.
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