ICC appeals keep Uhuru, Muthaura in office for now

Finance minister Uhuru Kenyatta and Head of the Civil Service Francis Muthaura will remain in office until their appeals against the confirmation of charges of crimes against humanity by the International Criminal Court are determined.

Attorney-General Githu Muigai said Mr Kenyatta, Mr Muthaura, former Agriculture minister William Ruto and radio journalist Joshua arap Sang had indicated that they would appeal against the ruling by the pre-trial chamber.

“You cannot take any precipitating action that compromises the right of individuals” said Prof Muigai during a media briefing in Nairobi yesterday. “We are going to wait for the ruling of the Appeal Chamber then advice the government accordingly.”

Prof Muigai’s statement effectively poured cold water on agitation by civil society activists to have the two resign or be sacked.

The Attorney General also announced that he would lobby Chief Justice Willy Mutunga and the Judicial Service Commission (JSC) to form a special division of the High Court that will deal with international crimes.

“I will be approaching the Chief Justice with a view of summoning the JSC to discuss the possibility of setting up a division of the High Court to deal with crimes of international character,” he said.

Prof Muigai unveiled a 10-man team to review a decision by the ICC to confirm charges against the four in line with President Kibaki’s order for the formation of the panel.

The President gave the order soon after Ekaterina Trendafilova, the presiding judge of the ICC pre-trial chamber, made her ruling.

The panel is composed of Geoffrey Nice, Rodney Dickson, Godfrey Musila, Fred Ojiambo, Joe Okwach, Waweru Gatonye, Betty Murungi, Lucy Kambuni, Grace Wakio and Henry Mutahi.

ICC prosecutor Luis Moreno-Ocampo on Tuesday said he would pursue any fresh leads on police brutality during the post-election violence in 2008 but would not appeal the court’s decision to drop charges against Tinderet MP Henry Kosgey and former Police Commissioner Hussein Ali.

“We will keep investigating Kosgey and the activities of the police as well as crimes allegedly committed in Kibera and Kisumu. We will not appeal the decision,” he told a news briefing beamed on television from The Hague.

Mr Moreno-Ocampo said the crimes against humanity charges against the four were part of efforts to ensure a peaceful future for Kenya.

“There are substantial grounds to believe they committed the crimes they are charged with but they are still presumed innocent. The ICC intervention is helping Kenya move to a more peaceful future with no costs,” Mr Moreno-Ocampo said.

However, Prof Githu said Kenya would review the decision of the court in line with its sovereignty as a State as well as other international laws and the ICC Statutes.

Mr Moreno-Ocampo said the appeals would delay the trial.