Oliver Mathenge and Bernard Namunane
5 November 2009
Nairobi — The cases against top Kenyan politicians and businessmen suspected of funding and organising the election violence in 2007/8 will go before judges at the International Criminal Court in December.
The court's chief prosecutor, Mr Luis Moreno-Ocampo, announced the decision on Thursday after a Harambee House meeting with top Kenyan leaders, among them President Kibaki and Prime Minister Raila Odinga.
Mr Moreno-Ocampo will go before the judges to seek their approval to open an investigation on the key suspects. It is understood that the government declined to refer the cases to The Hague.
In an earlier agreement in July, the government had promised to hand over the cases to the ICC if it was unsuccessful in establishing a local court or tribunal by September 30. That was one of various deadlines that the government failed to honour.
Government leaders have argued that to pass on the cases to The Hague would be an admission that Kenya was a failed state and has no properly working judicial institutions. The ICC does not depend solely on governments to report cases to it. It has the power, by appealing to its own judges, to institute investigations where there is evidence of crimes against humanity.
This is the route the prosecutor intends to take. "So I informed them, in December, I would request the judges of the International Criminal Court to open an investigation and that is the process established by the Rome Treaty," Mr Moreno-Ocampo said.
The prosecutor met President Kibaki, Prime Minister Odinga, four Cabinet ministers and aides on Thursday in a two-hour closed-door session. Thereafter, the two Kenyan leaders and Mr Moreno-Ocampo addressed the press briefly. They did not take questions.
Persons who attended the meeting told the Daily Nation that Mr Moreno-Ocampo agreed with the Kenyan government that referring the cases to The Hague was a difficult decision. But he also reminded them that Kenya was signatory to the treaty establishing the world court and has no choice but to allow the ICC to prosecute those who bore the biggest responsibility for the violence, in which 1,133 people were killed, 650,000 evicted from their homes and property worth billions of shillings destroyed.
According to the sources at the meeting, Mr Moreno-Ocampo assured the government that he had collated the evidence pointing to crimes against humanity committed during the election violence and will easily secure the judges' approval to start investigations. He said the same when he spoke on the steps of Harambee House: "The crimes committed in Kenya are crimes against humanity and the gravity is there, therefore I should proceed."
Mr Moreno-Ocampo arrived on Thursday morning and was driven to his hotel before heading for the meeting attended by Cabinet ministers Mutula Kilonzo (Justice and Constitutional Affairs), Moses Wetang'ula (Foreign Affairs), James Orengo (Lands), George Saitoti (Internal Security) and Attorney General Amos Wako.
His press conference at Nairobi's Serena hotel and meetings with lobby groups were cancelled, apparently by the government, which was in charge of the prosecutor's itinerary. His aides were on Thursday night moved to the Windsor Golf and Country Club, 18 kilometres from the city centre.
Mr Moreno-Ocampo was expected to request the government to allow the ICC cases to be tried in Kenya or formally refer them to The Hague. If it did not take any of the choices, the ICC would proceed under its own mandate.
Persons at the meeting said the government based its refusal on international law (Article 17(3) of the Rome Statute) which classifies sending cases to The Hague because their courts were unable to handle the trials as failed states.
The sources said the government argued that with some reforms the Kenyan courts were quite capable of dealing with the trials. The government is also said to have tabled wide-ranging reforms it has carried out since the signing of the National Accord on February 28, 2008.
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[Daniel 11:14 ]] And in those times there shall many stand up against the king of the south(AMERICA / BABYLON ): ALSO the ROBBERS OF OUR PEOPLE shall exalt themselves to establish the vision; BUT THEY SHALL FALL !
* 16 European Nations . Met And Plotted On How They Would Rob Africa Of Its Riches.
* They met during two(2) Periods of time in two(2) places
* The General Act Of Berlin Conference (Nov, 1884 to February, 1885)
* Brussels Belgium to finalize SECRET agreements ( Nov, 1889 to July 1890)
* The Book “King Leopold’s Ghost (1998) by Adam Hochschild documents some of This information.
The following Nations (Households) - Planned how they would divide among themselves our AFRICAN Riches.
1) Austria-Hungary - Francis Joseph I Charles - August 18, 1830 -
2) Belgium - King Leopold II – April 9, 1835
3) Denmark - Frederik VIII -June 3, 1843
4) France - Marie François Sadi Carnot – August 11, 1837 -
5) Germany - Wilhelm II -– January 27, 1859
6) Great Britain - Queen Victoria (Hanover) – May 24, 1819 – British Ruler – 2nd
7) Holland –William III – February 19, 1817
8) Italy - Umberto I - March 14, 1844 -
9) Norway - Oscar II [Oscar Frederik] – January 21, 1829 (Also Sweden)
10) Portugal - Carlos I – September 28, 1863
11) Russia - Alexander III Alexandrovich – March 10, 1845
12) Spain - Alfonso XIII – May 17, 1886
13) Sweden - Oscar II – January 21, 1829 (Also Norway)
14) Turkey - Abdülhamid II, - September 2 or September 22 - 1842 -
15) United States - Benjamin Harrison – August 20, 1833 -
16) Persia (Iran) - Nasser al-Din Shah Qajar – July 16, 1831 –
For centuries Black Africans have been exploited and exploited in the name of Islam. Then with the coming of the Portueses (so-called Christians) to Ghana around the 1440s , the so-called Christians started their exploitation.
The Black Athena (Part1) [ Spiritual Reparations ] URL – [http://www.youtube.com/watch?v=o4maNtzhL9Q ]
FRITZ SPRINGMEIER A Bold Christian Truthseeker The Top 13 Illuminati Bloodlines [ http://www.youtube.com/watch?v=k73Q2_f4vKU ]
We Black Africans are puzzling. We have a bounty of riches around us, yet we persist in allowing outsiders to steal them; while we fight each other over trivial matters.
Just in case you're wondering, here's some Black Africans who have done wondrous things to change the way we live in the world.
For example : Garrett-Augustus Morgan invented the Traffic Signal to CURB (no pun intended) TRAFFIC ACCIDENTS !!!
* Buridge & Marshman - TYPEWRITER
* George Carruthers - X-RAY MACHINE
* George Washington Carver - PEANUT BUTTER - PAINTS – PAINT STAINS – ETC
* W.A. Dietz - SHOE
* Charles R. Drew - BLOOD PLASMA STORAGE SYSTEM
* Michael Harney - LANTERN
* Augustus Jackson - ICE CREAM
* H.A. Jackson - KITCHEN TABLE
* Isaac R. Johnson - BICYCLE FRAME
* John A. Johnson - WRENCH
* Frederick M. Jones - DEFROSTER - REFRIGERATION CONTROLS – AIR CONDITIONER
* Jones & Long - BOTTLE CAPS
* Lewis Latimer & Nichols - ELECTIC LAMP
* John L. Love - PENCIL SHARPENER
* Tony J. Marshall - FIRE EXTINGUISHER
* Alexander Miles - ELEVATOR
* W.A. Martin - LOCK
* Garrett A. Morgan - GAS MASK - Traffic Signal
* Lydia Newman - HAIR BRUSH - Nov 15, 1898
* W.B. Purvis - FOUNTAIN PEN
* L.P. Ray - DUST PAN
* W.H. Richardson - BABY BUGGY
* G.T. Sampson - CLOTHES DRYER
* .W. Smith - LAWN SPRINKLER
* J. Standard - REFRIGERATOR
* T.W. Stewart - MOP
* Maxine Snowden - RAIN HAT - 1983
* Paul E. Williams - HELICOPTER
* Granville T. Woods - Roller Coaster
* Granville T. Woods - Telegraph Transmission Devices - Dec 2, 1884 Patents # - 308, 816 (7)
Thanks to The Black Inventors Museum P.O. Box 76128 Los Angeles , Calif. (90076) Phone (310) 859-4602)
Director : Ghanaian Mr. Hamza Salifa
Contributor of Information : SEESTAH Imahkus Nzinga Okofo [http://www.oneafricaghana.com/first_and_foremost.htm ]
The Swine Flu Vaccination Hoax - Explained URL – [http://www.youtube.com/watch?v=SbFxV_C8Yw4 ]
[Check Out :
3) Who Brought The Slaves To America ? URL = [ http://www.youtube.com/watch?v=JuzhnKy63io ] Or [http://wideeyecinema.com/?p=911]
WAKE UP !!! STAY UP !!!
[ libradio.net ]
[http://www.infowars.com/infowars.asx]
[gcnlive.com]
Life Is A Game. Have Fun . Luke 18:17 - Isaiah 11:6
The Kenyan government has no much option because if they don't arrest the perpetrators other countries will. Whatever the opt for in the end the perpetrators will be arrested. http://www.kenya-by-kenyans.com
The government has no much option. With or without their support justice will be done. http://www.kenya-by-kenyans.com
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Active Discussions: Top Prosecutor Takes Kenya Case to Judges