Kenyatta's ICC Case Strong - Bensouda

Bensouda: Dropping Muthaura charges will not alter Uhuru case

The Prosecutor of the International Criminal Court (ICC) Fatou Bensouda (right) and the court's director of Jurisdiction, Complementary and Cooperation Division Phakiso Mochochoko (left) field questions from IDPs at the Pipeline IDP Camp in Nakuru October 25, 2012. Ms Bensouda said the case against President-elect Uhuru Kenyatta will proceed March 14, 2013. FILE

By ANTHONY KARIUKI
Posted Thursday, March 14 2013 at 16:19

The International Criminal Court prosecutor Fatou Bensouda has said the case against President-elect Uhuru Kenyatta will proceed.

Ms Bensouda said despite her office dropping its case against Mr Kenyatta's co-accused Francis Muthaura, the former will still stand trial as the two are alleged to have had different roles in the commission of the crimes.

"While Messrs Muthaura and Kenyatta were allegedly linked together as members of the common plan, they are alleged to have played different roles in that plan," she said in a court filing Wednesday.

"The distinct nature of their roles was summarised by the Pre-Trial Chamber in the following way: whereas Mr Kenyatta was allegedly "in charge of the provision of financial and logistical support to the direct perpetrators", Mr Muthaura allegedly "secur[ed] the support of the Mungiki and direct[ed] the latter to commit the crimes in Nakuru and Naivasha", as well as "provided institutional support for the execution of the crimes on behalf of the PNU Coalition."

"Because the two accused are alleged to have had different roles, the evidence against them is different, and any insufficiency of evidence with respect to Mr Muthaura's particular role would not apply to Mr Kenyatta," said the prosecutor.

Ms Bensouda said Mr Kenyatta's case remains largely unchanged.

"Finally, the withdrawal of charges does not affect the Prosecution's allegations regarding the nature of the common plan, Mr Kenyatta's alleged role in the plan, or the evidence the Prosecution will rely upon to prove its case against him at trial. In sum, the Prosecution's factual case against Mr Kenyatta is unaltered," she said.

On Monday, Ms Bensouda said the prosecution had decided to drop the charges facing Mr Muthaura.

"The witnesses that had conveyed evidence have been killed or died, others refuse to speak to the prosecutor," Bensouda said.

On Wednesday, Mr Muthaura spoke out about the

pain and anguish that the charges had caused his family, especially his elderly parents.

Bensouda: Dropping Muthaura charges will not alter Uhuru case - Politics - nation.co.ke

Kenya media sasa hivi zilikuwa zinatakiwa kutawaliwa na habari za kesi ya Urais.

A colossal washout case.

"The witnesses that had conveyed evidence have been killed or died, others refuse to speak to the prosecutor," Bensouda said.

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We'll hear the same sentence again, come march 14

Extra judicial killings will bring the country to its knees! The struggle for justice continues!

Mekatilili said:

Extra judicial killings will bring the country to its knees! The struggle for justice continues!

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This man has no business being near the Presidency. This is not good for the republic. The other day they were waxing lyrical that Uhuru has no case to answer coz Muthaura's case was thrown out. Now the ICC has put him on notice that his situation is for real. The only way he will survive is by not going to The Hague... I can bet my money on that.

There is this looming dark possibility that we will have a President and Vice-President who are wanted criminals. Fugitives running away from the law so to speak!

Dr. Job said:

This man has no business being near the Presidency. This is not good for the republic. The other day they were waxing lyrical that Uhuru has no case to answer coz Muthaura's case was thrown out. Now the ICC has put him on notice that his situation is for real. The only way he will survive is by not going to The Hague... I can bet my money on that.

There is this looming dark possibility that we will have a President and Vice-President who are wanted criminals. Fugitives running away from the law so to speak!

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You cord loyalists together with your prosecutor for the ICC seem to be groping in darkness because you are the same guys that have misinterpreted the law.. just because raila has quipped recently on TV that uhuru and ruto are criminals does not in effect make them criminals. those can be likened to politics, public insults or rhetoric and are not legally binding. Are you new to kenyan politics?

The ICC has dis-reputed itself by showing it can meddle in the affairs of an election of a country in the name of dispensing 'justice' vis-a-vis the timing of setting up the full trial dates, poor excuses in terminating cases for muthaura. The ICC process has failed the integrity case and its failure exposed and documented by their meddling instead of seeking justice. It has given itself bad publicity.

the dropping of the muthaura cases are nuanced hints like someone said one time. For uhuru kenyatta and ruto, there is no warrant of arrest from the ICC issued on him to label them criminals. The court is yet to issue a declaration during the full trial. Evidently Bashir can be labelled a criminal because there is an international arrest warrant over him but not uhuruto.

I leave you with the famous saying from US president Abraham Lincoln to ponder and to reflect upon.

"what kills a skunk is the publicity it gives itself" Abraham Lincoln

in this case the ICC process is a dying process

cheers.

Kabaridi said:

You cord loyalists together with your prosecutor for the ICC seem to be groping in darkness because you are the same guys that have misinterpreted the law.. just because raila has quipped recently on TV that uhuru and ruto are criminals does not in effect make them criminals. those can be likened to politics, public insults or rhetoric and are not legally binding. Are you new to kenyan politics?

The ICC has dis-reputed itself by showing it can meddle in the affairs of an election of a country in the name of dispensing 'justice' vis-a-vis the timing of setting up the full trial dates, poor excuses in terminating cases for muthaura. The ICC process has failed the integrity case and its failure exposed and documented by their meddling instead of seeking justice. It has given itself bad publicity.

the dropping of the muthaura cases are nuanced hints like someone said one time. For uhuru kenyatta and ruto, there is no warrant of arrest from the ICC issued on him to label them criminals. The court is yet to issue a declaration during the full trial. Evidently Bashir can be labelled a criminal because there is an international arrest warrant over him but not uhuruto.

I leave you with the famous saying from US president Abraham Lincoln to ponder and to reflect upon.

"what kills a skunk is the publicity it gives itself" Abraham Lincoln

in this case the ICC process is a dying process

cheers.

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I'd rather be a CORD loyalist than a tribalist like you!

Capital FM (Nairobi)




BY JUDIE KABERIA, 14 MARCH 2013


Nairobi - International Criminal Court Prosecutor Fatou Bensouda maintains that the decision to drop charges against former head of Civil Service Francis Muthaura has no impact on her case against President-elect Uhuru Kenyatta.

In her submission to the court, she explained that withdrawal of charges against one alleged indirect co-perpetrator does not automatically affect the other accused, so Kenyatta's case remains.

She says according to the Rome Statute: "Article 25 (3) demonstrates that the legal status of one alleged indirect co-perpetrator has no bearing on the guilt or innocence of another alleged co-perpetrator."

"In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the court if that person: (a) commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible."

She said although the two were charged jointly, it did not imply that both have to be criminally responsible.

Bensouda further explained that one co-accused can be found not to be criminally responsible while the other is found responsible despite being jointly co-accused.

"Logic dictates that the withdrawal of charges against one indirect co-perpetrator does not have an automatic knock-on effect with the respect to the charges against another alleged indirect co-perpetrator. The fact that multiple individuals are charged in the same Document Containing Charges under the same mode of liability does not require lock-step decisions to be taken with respect to each co-accused," she explained.

She said even in cases where many are accused of participating in the same criminal act, verdicts are issued differently for the individual accused based on the evidence implicating them.

The prosecutor argued it was not the first time that charges had been dropped for one of persons who are jointly accused.

She gave the example of former Police Commissioner Hussein Ali and former Tinderet MP Henry Kosgey whose charges were dropped even though they were jointly accused with Kenyatta, Muthaura; and deputy President-elect William Ruto and former presenter Joshua arap Sang respectively.

She also cited the case of Thomas Lubanga who was convicted even though other perpetrators who were jointly accused with him were not.

Bensouda said the charges against Muthaura and Kenyatta including their roles in the post-election violence were different.

She said: "Whereas Kenyatta was allegedly in charge of the provision of financial and logistical support to the direct perpetrators, Muthaura allegedly secured the support of the Mungiki and directed the latter to commit the crimes in Nakuru and Naivasha,", as well as "provided institutional support for the execution of the crimes on behalf of the PNU Coalition."

The prosecutor on Monday filed a motion asking the court to drop all charges against Muthaura after evidence and the sole witnesses against Muthaura were withdrawn.

Kenyatta's defence team has argued that since the two were jointly accused, the charges against their client should also be dropped.

The team also complained over dishonest witnesses and dismissal of many others who gave evidence that led to the confirmation of charges.

Kenyatta who is the only accused person in Kenya Case I is set to stand trial on July 9 while Ruto and Sang have their date with the court on May 28.

Double Standard as usual... Mataifa ya Magharibi wanalao Jambo...

RockSpider said:

Double Standard as usual... Mataifa ya Magharibi wanalao Jambo...

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Transparency My FRIEND is needed; AFRICAN LEADERS are CORRUPT; SILENT KILLERS not to be trusted... now let them face the rythm - they used to DIE without paying for their concequences... Angalia wakati wa NYERERE alikuwa ana RULE kwa IRON FIEST... Lakini alikuwa hafuati watu na kuwapoteza; kuwavunja MENO; kunyofoa MENO; kuchukua MIGUU YAO; kukimbia na SURA zao... Double Standards is for US we AFRICANS... we are damn silent killers - KIKULACHO ki NGUONI MWAKO!!!

Dr. Job said:

This man has no business being near the Presidency. This is not good for the republic. The other day they were waxing lyrical that Uhuru has no case to answer coz Muthaura's case was thrown out. Now the ICC has put him on notice that his situation is for real. The only way he will survive is by not going to The Hague... I can bet my money on that.

There is this looming dark possibility that we will have a President and Vice-President who are wanted criminals. Fugitives running away from the law so to speak!

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Dr job,umesema ya kweli,huyu jamaa uhuru ni criminal,fugitive.anataka apate urais alafu awe kama Al bashir,hii kesi imemkalia pabaya sana.kwanza from the look,jamaa ni pure mungiki.hata wakina kibaridi wakipiga domo humu lakin at the end of the day uhuru wao atakuwa jail bird.poleni sana wakenya.sisi huku Tz twala bata kwa mrija.mwalimu alituepusha na ukabila,

Mda wowote kuanzia leo, mahakama ya kimataifa icc inategemea kutaja tarehe ya kesi ya uhuru itakapo endelea. kesi za washitakiwa wa vurugu za uchaguzi zilisimama kupisha uchaguzi wa mwaka huu. sasa uchaguzi umeisha na mahakama inaendelea kama kawaida.
MY TAKE:
Kama wakuu hawamtaki uhuru kinyatta basi wanaweza kutumia hii kesi kama kizingiti cha kuongoza. na akikwepa kesi ya Odinga hii ya ICC haitamuacha salama. huu unaweza ukawa mtego wa wakubwa. ni hayo tu. mia

He further claimed in the affidavit that he was promised that he would be rewarded and settled either in Europe, America or Australia if he testified before the ICC and that his standard of living would improve tremendously.http://www.standardmedia.co.ke/?articleID=2000079593&pageNo=2&story_title=

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Kumbe walikuwa wanaahidiwa makuu?

http://www.standardmedia.co.ke/?articleID=2000079593&pageNo=2&story_title=

hapa kenyatta itabidi apambane kiume kujinasua. mia

NAIROBI, Kenya, – The International Criminal Court Prosecution was on Monday tasked to explain how President-elect Uhuru Kenyatta would be charged for contributing to a common plan on his own, after withdrawal of charges against his co-accused Francis Muthaura. Presiding Judge Kuniko Ozaki pressed prosecution lawyer Sam Lowery to explain how Kenyatta individually constituted a common plan in the absence of his co-accused. Apart from Muthaura being exonerated, charges were not confirmed against former police chief Hussein Ali, who faced similar charges.

"This requires that each joint perpetrator is able to frustrate the commission of the crime by not performing his or her tasks. This means that the common plan could not have succeeded without the contribution of Muthaura or a common plan does not even exist without contribution of Muthaura," Ozaki argued.

"The acts attributed to Kenyatta we are going to maintain that those acts are attributable to him. The acts that are overlapping between Muthaura and Kenyatta, we would indeed still attribute those to Kenyatta," Prosecution lawyer Adesola Adeboyejo argued.
Ozaki asked, "You still maintain there was a common plan although now it is not with Muthaura?"

Adeboyejo said: "There is no legal basis why we cannot charge Kenyatta alone even though there was a common plan."

The prosecution further argued that dropping charges against one co-perpetrator did not mean that charges against the other should also be dropped.
Ozaki asked the prosecution if it wanted to formerly amend the charges to do away with a common plan but the prosecution said it will not make such changes and that charges will remain as a common plan even after dropping charges against Kenyatta's co-accused Muthaura.

The prosecution was further tasked to explain how Kenyatta's plan was essential to carry out a common plan in which he is now the only accused. "Common plan means two people making several plans to a common plan."

Kenyatta's lawyer Stephen Kay argued; "a common plan to execute crime collapses once the co-perpetrator is withdrawn or shielded."
He argued that the prosecution did not have enough evidence and that it also failed to listen to earlier warnings given by the defence teams on weak evidence.

He also claimed that prosecution was relying on ‘fraudulent' witnesses 11 and 12 who gave evidence based on hearsay to support evidence given by witness number four who is no longer in the prosecution list.

Kay also claimed that there were inconsistencies in the evidence provided by other witnesses hence asked the court to refer Kenyatta's case to the confirmation stage.

"This case was done in a complete rush. There have been significant errors in prosecution decision making. Prosecution has lost the backbone of the case," Kay argued.

Due to lack of time as put by Ozaki, Kay was asked to make written submissions to support his arguments.

Judges: Uhuru executed common plan alone? | Capital News

This case is slippery splope

Dr. Job said:

I'd rather be a CORD loyalist than a tribalist like you!

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Dr. Job now I was not expecting such an answer. aren't you the ones that were clobbering us with ICC articles, now the tables have turned and you are whining over facts given to you!

cmon dr job show some character!

Nairobi - The Standard reports President-elect Uhuru Kenyatta pressed for the withdrawal of his charges at the International Criminal Court (ICC) after the court dropped charges against his co-accused.

Uhuru argued that with the dropping of charges against former Head of Civil Service Francis Muthaura formally on Monday, those against him fell because their cases were intertwined.

However, the prosecution argued that, the roles Uhuru and Muthaura played were different and assured the court it would be able to support the charges against the President-elect.
19 March 2013, 08:26

akimpa ulaji Jalamongi na kesi yake itafutwa

Kabaridi said:

Dr. Job now I was not expecting such an answer. aren't you the ones that were clobbering us with ICC articles, now the tables have turned and you are whining over facts given to you!

cmon dr job show some character!

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My apologies to you sir.

Meanwhile, as you claim that the tables are turned, Bensouda has been allowed to amend charges against Uhuru Kenyatta. Here you go:


[h=1]ICC's Bensouda allowed to amend Uhuru charges[/h]By ANTHONY KARIUKI
Posted Thursday, March 21 2013 at 17:37

The International Criminal Court Pre-Trial Chamber II has granted the prosecution's request to re-insert a charge against Uhuru Kenyatta.

Presiding Judge Ekaterina Trendafilova allowed ICC Prosecutor Fatou Bensouda to add to the Document Containing the Charges in Mr Kenyatta's case a limited factual allegation that "victims were also killed by gunshot in Naivasha".

In her ruling Thursday, the judges said Ms Bensouda had given new evidence to support the allegation.

"Thus, from an evidentiary perspective, the Prosecutor has fulfilled her statutory duty by presenting evidence which supports her allegation that "victims were also killed by gunshot in Naivasha".

"In support of the Request, the Prosecutor submitted confidential excerpts of interview transcripts of four witnesses," said Justice Trendafilova.

She said the Prosecutor had provided reasonable justification to continue with her investigations after the charges against Mr Kenyatta were confirmed by the Chamber.

"In the context of the present case, the Prosecutor managed to furnish the Chamber not only with evidence supporting the existence of the factual allegation, but also with a reasonable justification for the continuation of her investigation subsequent to the confirmation hearing," the judge said.

"The Prosecutor's justification can be summarised in the following points: 1) lack of cooperation; 2) security concerns; 3) incidents pointed out in the Prosecutor's observations regarding intimidation of witnesses, some of which were reported to the Chamber during the pre-trial phase; and 4) the difficulty in approaching insider witnesses to provide information to the Court. This is the core reason weighing in favour of granting the Request."

Mr Kenyatta, who is Kenya's President-elect, is facing crimes against humanity charges at The Hague for bearing the greatest responsibility for the 2007/08 post election violence.

Some 1,133 people were killed and 650,000 others were displaced in the chaos that followed a disputed presidential poll.

Others facing charges include deputy president-elect William Ruto and former radio journalist Joshua arap Sang. Mr Kenyatta's co-accused Francis Muthaura was discharged after Ms Bensouda withdrew charges facing the former head of public service.

However, Ms Bensouda has insisted that Mr Kenyatta's case will go to full trial.

Mr Kenyatta's trial is set to open on July 9 while Mr Ruto and Mr Sang trial is set to start on May 28.

ICC's Bensouda allowed to amend Uhuru charges - Politics - nation.co.ke

You might want to wish this thing away, but thats not happening anytime soon according to my crystal ball.