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The ICC and Kenya- Understanding the Confirmation of Charges Hearings
This bulletin seeks to address common misconceptions on the confirmation of charges hearings and answer frequently asked questions by participants during a country wide outreach sessions on the ICC.
After more than a year of inaction and missed deadlines by Kenya’s authorities in prosecuting the post-election violence perpetrators, on July 9 2009 Mr. Kofi Annan (former UN Secretary General) in keeping with the recommendations of the Commission of Inquiry into the Post-Election Violence (CIPEV), forwarded the matter to the International Criminal Court (ICC) through ICC Prosecutor Luis Moreno- Ocampo. On November 26th, 2009 Mr. Ocampo announced that he would request ICC judges to allow him permission to proceed with an investigation into Kenya’s 2007/2008 post-election violence. On March 31st 2010 Mr. Ocampo’s request was granted and he started his investigation into the Kenya situation
On December 15 2010 the ICC Prosecutor requested the issuance of ‘summonses to appear’ for six persons William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang (case one) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohamed Hussein Ali (case two) for their alleged responsibility in the commission of crimes against humanity. In March 2011, the Pre-Trial Chamber (PTC) issued summonses to appear for the suspects.
In case one, Francis Muthaura and Uhuru Kenyatta are alleged to be indirect coperpetrators of the crimes against humanity of murder, forcible transfer, rape, persecution, and other inhumane acts in Nakuru (Nakuru District, Rift Valley Province) and Naivasha (Naivasha District, Rift Valley Province) while Gen Mohammed Ali is alleged to have contributed to the commission of crimes in the same areas.
In case two, William Ruto, and Henry Kosgey are alleged to be indirect co-perpetrators of the crimes against humanity of murder, forcible transfer, and persecution in Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and Yamumbi), Kapsabet town, and Nandi Hills town while Joshua Sang is alleged to have contributed to the commission of crimes in the same areas.
In April 2011, upon the suspects appearing at the ICC to hear the crimes that they had been charged with, the Pre-Trial Chamber (PTC) set the dates for the confirmation of charges
hearings for 1st and 21st of September 2011.