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ICC vs Local Tribunal- Suspects' choice
B.Timer
#1 Posted : Friday, April 08, 2011 6:58:59 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

Local Tribunal vs ICC in the eyes of Suspects!

Lets face it;

Kenya Parliament voted, not once but twice to defeat the establishment of a local tribunal as anticipated in the bills tabled in the house by Hon Karua with a second attempt pushed by Hon Mutula discouraged by an hostile house.
A third attempt mooted by Gitobu Imanyara was dealt a devastating blow too.
Even Hon Orengo and the PM who had sworn publicly (while in a rally in Meru) to help Imanyara push it through, beat a retreat!!
Of course the push to defeat the bills was all through managed and executed by the presumed suspects, who knew all too well, just like the rest of us, that they were the most likely personalities to be summoned to court - drawing from the reports by KNHRC and other organisations.

What motivated the “suspects” to prefer ICC to local tribunal?

Given another chance today and the same choices put to them, what option would they take.

A lot of commentators on the matter have erroneously opined that the suspects would choose the local tribunal as proposed then - if they had anticipated the ICC route was going to take the trajectory it has.

I mean, if I were a suspect (or thought I would be) I would have taken the same decision as they did.


This is why;

The proposed law was tailored to establish three (3) courts, each comprising 3 (three)Judges, where only (1) one per court would be Kenyan - of good standing. The other two (2) Judges were not only to be sourced from outside Kenya but also to be nominated by Kofi Annan and his group of eminent personalities.
Two (2) courts would be charged with the duty of conducting the initial trials while the third court was to serve as an Appeals court.
The lead investigator&Prosecutor was meant to be yet another non Kenyan proposed to us, again by Koffi Annan and his group.

The Courts were not to be bound by the then constitutional constraints that were being exploited by suspects then to delay litigation.

This is sure doom for any suspect - aware that such a court would not only nail them, but do so in record time.
Of course a good number of MPs (not less than 30 in my estimation) know that their role during PEV was sure to have them sent to the gallows.

Obviously just as ‘naturally organism won’t commit suicide willingly’ so did Mps choose to vote out the local tribunal option - too dangerous for life!

Of course the ICC option isn’t too good either, but given the two “evils”, it is the lesser.

How so:

-The ICC can only accommodate very limited cases, limiting the individuals to indict.
-ICC admits only three types of cases namely War Crimes, Genocide and Crimes against Humanity.
-There is a good chance that the crimes committed in Kenya do not meet -that threshold - hence they go scot free.
-The litigation process within ICC takes comparatively long time to conclude.
-It is easier to corner/challenge a prosecutor based in the Hague over his evidence and create doubt to ones benefit.

On the other hand the Local tribunal would deal with the cases expeditiously, given that their brief would be strictly those cases and nothing else.

Their diary would be forever open - no long deferments.

Most cases’ circumstances and evidence would be similar, hence swift determination – some based on precedent.

This means that by today, lots of people would be in jail, serving long sentences, or worse.

But thanks to the option the MPs took - ICC -they all remain free and only 6 individuals face “ a weak risk” of being prosecuted!

Even for a moment, assume any of the Six were to be convicted, they still have at the very least two (2)years of freedom while the wheels of ICC justice roll.

ICC was a better shot for these fellows (and all other suspects) after all!

No wonder even today, no suspect, or would be PEV Suspect, save for Raila, is talking of a local Tribunal on the terms proposed in the defeated bills.

They prefer to be arraigned in the regular courts as constituted under the new Constitution!!

Very telling!

Dunia ni msongamano..
B.Timer
#2 Posted : Wednesday, April 20, 2011 8:21:25 AM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

Just what is the progress of the ICC process over the 06 suspects!
Ocampo seems to be acting in an erratic way.

His assertions point to an apparent aprehension in him that the Kenya Government application on the main cases' indmissibility stand to sail through.

What thinketh you!
Dunia ni msongamano..
Lolest!
#3 Posted : Wednesday, April 20, 2011 10:15:53 AM
Rank: Elder

Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
Interesting. I have been wondering if after a suspect has been acquitted by icc we can still charge him locally.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
YesuWangu
#4 Posted : Wednesday, April 20, 2011 3:51:26 PM
Rank: Elder

Joined: 8/11/2010
Posts: 1,588
Why do we rack our brains wondering why they 'chose' ICC? It is quite simple, they thought ICC would start in 2090.

They even said so themselves. That is what they hoped for.
B.Timer
#5 Posted : Wednesday, April 20, 2011 6:31:51 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

Politician will say X when mean Z.

Currently they (kina Uhuru&Ruto) are saying certain things which I hope we arent taking at face value.

Dunia ni msongamano..
B.Timer
#6 Posted : Tuesday, May 03, 2011 5:23:46 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

It's getting embarrasing for Ocampo.

I swear!

http://www.standardmedia...000034395&cid=4&
Dunia ni msongamano..
B.Timer
#7 Posted : Thursday, May 05, 2011 10:44:14 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

Where is Ruto going with this!;

http://www.nation.co.ke/...2/-/ac2wo2z/-/index.html
Dunia ni msongamano..
B.Timer
#8 Posted : Wednesday, May 11, 2011 1:28:39 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

http://www.standardmedia...00034901&cid=4&


Ocampo Ocampo Ocampo!

Does he still believe he stands any chance of securing a conviction in any of the two cases!
Dunia ni msongamano..
B.Timer
#9 Posted : Thursday, May 12, 2011 10:21:44 AM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076
Burning Spear
#10 Posted : Thursday, May 12, 2011 10:30:13 AM
Rank: Veteran

Joined: 7/22/2008
Posts: 1,139
and the shocker awaits him...probably in September this year or later
"You're not supposed to be so blind with patriotism that you can't face reality. Wrong is wrong, no matter who says it". Malcolm X
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