Photo: Julius Mwelu/IRIN Deputy Prime Minister Uhuru Kenyatta said yesterday that he will not abandon his Presidential campaign despite the charges he is facing at The Hague and Prime Minister Raila Odinga asked the International Court to ensure a fair trial for the four Kenyans.
Speaking in Maragua, Uhuru said he will from now avoid commenting on the ICC issue so that his lawyers can deal with it as he continues with his bid to succeed president Kibaki next year. "ICC charges and the dismissal of my appeal will not stop me from seeking votes from Kenyans. My lawyers will deal concentrate on the case and i will concentrate on my presidential campaigns," Uhuru stated. The ICC threw out an appeal by Uhuru, Eldoret North MP William Ruto, former Head of Public Service Francis Muthaura and radio presenter Joshua Arap Sang on Jurisdiction.
Speaking in Eldoret during the burial of a director of KCC Kiplagat Kogos, Raila said the Ocampo four should not panic because their cases will eventually come to a conclusion. He said the post election chaos were largely caused by those who rigged the 2007 presidential elections. "The ICC cases will come to an end. I was also detained and jailed but here I am", said the PM who was with Ministers Fred Gumo, Margaret Kamar and Musa Sirma during the burial at Ngeria in Eldoret South constituency.
Gumo who spoke at length also revisited his earlier call on Raila and President to ensure that the ICC case are brought back to the country before the next elections. "If these cases are not brought back to the country before the polls then we are likely to have more problems", said Gumo. It emerged yesterday that Ocampo Four lost their jurisdictional appeals on Thursday because they failed to consider the veiled advice of the pre-trial chamber earlier in the year, the Star can reveal.
While determining the jurisdictional appeals filed by the four in January, this year, the pretrial chamber led by Ekaterina Trendafilova ruled that the issues raised were not jurisdictional in nature and explained why. The pre-trial chamber concurred with the prosecutor Louis Ocampo that the two main issues raised - legal definition of the term "organization" and alleged lack of sufficient evidence to establish existence of the "organization" fell on the merits of the cases.
On Wednesday while delivering the decision, appellate judges led by Akua Kuenyehia quoted sections of the January decision to show how the accused - Uhuru Kenyatta, William Ruto, Francis Muthaura and Joshua Sang failed. "The chamber (pre-trial) considered that the two points were not made as independent arguments, either of which, if upheld, would autonomously establish lack of material jurisdiction," appeals judges said.
Either, the matter could not be determined without the assessment of evidence of the cases against the adopted interpretation of the term organization. Kuenyehia's team wondered why the accused refused to split up the issues as inadvertently advised by the pre-trial chamber: "None sought leave from the pre-trial chamber to appeal the interpretation of 'organizational policy'."
The door for appealing on the basis of evidence had been closed indefinitely in February this year after the pre-trial chamber locked out the option. The issues raised by the four can only be determined at a full trial according to the appeal judges. "The enquiry that the accused allege should have been carried out on a challenge to jurisdiction was therefore carried out as part of the confirmation process as, indeed, it had to be," judges said.
Yesterday, Ruto's lawyer Katwa Kigen said his team is very dissatisfied with the appellate decision. He said his team is nevertheless now focusing on the trial. "We have exhausted all options we had and we have given it our very best. I do not think there is much we can do for now. Our focus now is on the trial and we hope to convince the court at the earliest opportunity that our client ought not to be there in the first place," Kigen said
Meanwhile, law professor Makau Mutua was at the Hague yesterday to explain his role in an alleged witness tampering. Unconfirmed reports indicated that Mutua was grilled by court investigators.
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WHAT IS THEIR BASIS OF LAWS WHERE IS THIS LAW COMMING FROM? WHO ARE THE AUTHORS OF THESE LAWS?WHO ARE THE ALWSMEANT TO PROTECT ? WHO ARE MEANT TO BE THE REPRESENTED IN THESE LAWS. IS THIS LAW MEANING THAT THIS HAS BEEN DECIDED BY PEOPLE OF THE COUNTRIES THAT ARE BEING PURSECUTED BY THESE LAWS? ARE THESE LAWS ENSHRINED AS PART AND PARCEL OF KENYAS CONSTITUTION HAS THERE BEEN AN ADDED AMENDMENT TO SHOW THAT KENYA HAS JOINED EUROPE AND HAS EUROPEAN CTISENRY? OR HAVE WE NOW RECHED WORLD CITSENSHIP WHERE THERE IS UNIVERSAL LAW AND EVERYONE IS SUBJECT T THESE LAWS. WHILE THERE ARE SYTILL DRONE STRIKES DAILY BY AMERICANS AND WHILE THE JES KEEP MURDERING PALESTINIANS DAILY THESE ARE ALSO HAT CRIMES BY WHAT EVER DEFINITION ITS ALL ABOUT MURDER!!!!!! WHY DONT WE HEAR OF THESE PEOPLE BEING PURSECUTED WHYY IS IT AHT ONLY AFRICA STILL SEEMS TO BE THE SUBJECT OF THE ICC. WE WOUL LIVE TO BELIVE THAT ONLY THE NAFRICAN IS CRFIMINAL. WHAT ARE WE HEARING HERE THAT THE IMPERIAL CRIMES COMMITTED BY THESE JUDGES ARE FORGIVEN BY THEMSELVES AS THEY DO NOT ANSWER TO ANY GODS OTHER THAN THEMSELVES. THEY SEEK REFUGE IN THE SON OF GOD AND HIS SPIRIT2. THESE ARE POLYGAMIST AND UNTRUE AS THE BELIEFD THAT GOD HASS A SON" WE MUST LOOK AT TRUTH AND SEE THAT THE AFRICAN UNION IS AT THEN FOREFRONT OF THESE CHARGES THEY WANT A WEAK AND DYSFUNCTIONAL UNION HWERE THEY CAN USE CORRUPT LEADERS WHO WILL NOT REFUSE THEIR ADVANCES THEY WILL USE THESE TYPE OF PEOPLE TO BRUTALY OPPRESS THE PEOPLE AND CURTAL THEIR FREEDOMS THEY ALSO WANT TO CONTIUE TO MAINTAIN TERRORISM IN THE ENTIRE REGION. THEY WANT TO BE ABLE TO STEAL LEGALY THEY KNOW IN THEIR HEARTS THAT ANY OTHER WAY IS NOT IN THEIR INTEREST. WHAT YOU ALL MUST SEE IS THE BILLIGERANTS OF THE NATO NATIONS WHO WANT TO PLAT POILICE FOR THIS COURT. THEY WANT TO BE THE CORRUPT POLICE M,EN OF TH EWORLD. THEY WANT TO STAND JUDGEMENT OVER AFRICA WHILE THE EUROPEAN UNION DISSINTERGRATES. AMERICA IS IN DEBT UP TO THIER EYEBALSS TRHEY USE THEIR SUPER POWER STATUS TO STAY AHEAD WHEN THESE POWERES START TO DEFLATE THEIR WILL BE NO USA. THE COUNTRY IS THE MOST RIDDLED WITH CORRUPTION IN ALL THE WORLD . THEY ENTERTAIN THE MOST VILE INHUMANE RIGHTS RIGHST TO STEAL MURDER LIE CHEAT SWINDLE TERRORISE THESE ARE,JUST SOME OF THE THEIR WICKEDNESS. AFRICA IS THEIR EYES OF COVET. THEY COVET AFRICA WITH ALL THEIR HEART , THEY PRAY FOR A DAY WHEN THEY CAN GO BACK TO THE DAYS OF SLAVERY THEY HAVE BEEN CRIMINALISING THE BLACK MAN EVCER SINCE THE INQUISITIION IN EUROPE THEY HAVE HAD THIS GREAT CONTENTIOUS ISSUE WITH THE BLACK MAN. THIS IS LIKEW AN OBSESSION ; WHAT HURTS ME IS TO SEE THE JUDGES WHOM ARE VBLACK ENVISIONING THAT THEY ARE DOING SOMETHING RIGHT BY SITTING ALONGSIDE THSE SINNERS WHILE THEY MAKE THEMSELVES FEEL BETTER FOR ALL THE EVIL THEY DO BY CONVICTING A BLACK MAN TO JAIL WHAT IS NOT KNOWN IS THAT THEY GIVE YOU AN ILLUSION OF FAIRNESS WITH ALL THEIR PAGEANTRY THIS JUST FOR SHOW THERE HAS BEENA FOREGONE CONCLUSION WHEN YOUR NAME BECAME EXPENDABLE WHEN YOU ENTERTAINE DHTE VERY THOUGHT THAT THESE ARE THEY WHO COULD SIT IJN JUDEGMENT OF YOURSELVES"". THESE MEBERS OF THE ICC ARE LEADERS OF INFAMY DEFAMITY CORRUPTION LIES AND ILLIGALITY THEY HAVE NO JURISDICTION TO CREATE ANY CRIMINAL COURT FOR HEARINGS IN EUROPE THEY STILL ARE MAINATINING THEIR SUPERIRO PSTURE WHERE THEY CAN BRING YOU TO EUOPR TO BE TRIED BUT THERE IS NO WAY THAT THEY WPOULD BE TRIED IN AFRICA. WHAT NEEDS TO BE DONE IS THAT IF THEY FEEL SO STRONGLY ABOUT THIS CRIMINAL COURT THEN ESTABLISH ONE IN THE REGION HWERE THE TRILAS WOULD BE TRANSPARENT OPEN AND THE PARTICIPANTYS WOULD HAVE ALEGAL JURISDICTION AND CODE OF CONDUCT THAT IS UNIVERSAL THIS WOULD BE MORE FEASIBLE TO THE MODERN AFRICAN". AFRICA WOULD SEE AN INTERNATIONAL RECOGNISED COURT THAT IS RUN BY AFRICANS FOR UNIVERSAL CASES OF CRIMINALITY THAT TRANSPIRED ON THE CONTINENT. THE IDEOLOGY OF THE TRANSPORT SYSTEM IN CHAINS IS TOO STARK A REMINDER OF THE SAVGE AND BARBARIC CHATTEL SLAVE SYSTEM THAT BRUTALLY MURDERED OVER ONE HUNDRED MILLION AFRICANS DECIMATING THE CONTINENT FOR OVER FIVE HUNDRED YEARS" THE FUTURE OF AFRICA IS BEING DESIGNED TO BE RUN BY THE PEOPLE THEMSELVES. THERE IS NO WAY THAT OVER ONE BILLION PEOPLE WOULD AGREE TO RELEASE OR CEASE TO MAINTIAN THEIR JUDICIAL RIGHTS TO JUDGE AND ACQUIT WHOM SO EVER HAS BEEN CHARGHED WITH SUCH CRIMES. THERE IS NO WAY THAT BECAUSE YOU LIVE IN EUROPE THAT YOU HAVE THIS INHERRENT RIGHT TO CAST JUDGEMENT OVER THE AFRICAN CONTINENT; THIS IS JUST NOT POSIBLE AND THESE NOTIONS ARE AN DELUSION OF GRANDUER WHICH SHOULD NOT EXIST IN THIS REAL WOORLD WE LIVE IN TODAY. AFRICA AND EUORPE JUST DOES NOT HAVE THE SAME VALUE SYSTME . WHAT EVER ILLSUIONS THAT MIGHT HAVE NETERD THE MINDSSET OF EUROPEANS IS ALL WRONG AFRICANS CLEARLY HAVE THEIR OWN IDENTITY, THEY DO NOT SEEM TO HAVE THESE WHITE IDEAS THAT THEY ARE THE SUPERIOR TO THE BLACK AFRICAN. THOSE DAYS ARE DISTANT AND WILL NEVER BE ABLE TO MAKE A CONNECTION OR REAPPEARANCE ON THIS CONTINENT OF OVER ONE BILLION PEOPLE" THERE IS ALWAYS SAFETY IN NUMBERS THIS WHY IT IS IMPORTANT TO KEEP OUR PEOPLE ALIVE WITH THE UPDATES FOF ALL POLITICAL DECISIONS THEY MUST NOT BE ELLIMINATED OR LEFT OUT THE LOOP. AFRICASN WANT TO SEE A STRONG UNITED AFRICA NOT A DYSFUNCTIONAL AND AS SOME KENYANS SAID EXCLUSIVE CONTINENT OR MEWMBER STATE" REMEBER THAT NO BODY IS A FOLL TODAY THOSE ARE LONG DAYS OF YESTERYEAR. EVEN THE SMALLEST VILLAGE IN RURAL AFRICA IS AWARE IN THE DEEPEST OF JUNGLES THERE IS KNOWLEDGE AND THER IS LIFE AND NO ONE IS ANY FOOL OF ANY ONE TODAY. WE AS AFRICASN MUST TAKE STEPS TO CREATE OUR OWN " OWNERSHIP IS EVERYTHING WE ARE NOT OWNED BY EUROPEAN THEY STILL HAVE THIS THOUGHT IN THEIR HEAD THEY MUST BE LED TO REALISE THAT THIS IS NOT THE TRUTH. THE AFRICAN UNION IS MEANT TO DISPROVE THESE NOENTITIES REMEBER THEY HAVE NTO SODL ANY MEMBER STAE LEADER OR RESPECTIVE ACCUSED TO THE SLAVE SHIPS AND SHACKLES ALL THE PEOPLE WHOVE MADE ANY APPEARANCE AT THE SLAVE COURT HAS BEEN LED IN SHACKLES SDL IN TO BONDAGEW BY HIS OWN ADVERSARIES IN AFRICA. AFRICA IS AFREE CONTINENT THEY WANT US TO MAKE IS A CHAINED CONTINENT5 SO THEY CAN MANIPULATE THE LAWAWS THEY TRY TO INSTITUTE BUT WE AS THE WIZER MUST NO BOW TO ANY PRESURRE AS THIS WILL CERTAINLY UNDRMINE THE POWER OF THE AFRICAN WORLD WIDE. WHAT YOU DO IN AFRICA REVERBERATES AROUND THE BLACK WORLD IN EVERY BLACK HEART THERE IS THE FEAR OF THIS WHITE BOGEY AN WHO IS VERY SLY PRETENMDS OT BE GIVER OF KNOWLEDGE THE TEACHER OF RIGHST AND WRONGS BUT HE IS ACLVER TRICKSTER WHO HAS NOTHING TO GIVE EXCVEPT DEATH AND DESTRUCTION HIS PATTERN IS CLEAR HE LOVES TO TORTURE AND MAKE MANS LIFE A MISERY SO HE PRETENDS TO BE THIS GREAT DECIOSN MAKER THIS GREAT JUST AND FAIR JUDEG. IN AFRICA WE KNOW HOW TO PUNISH WHAT THEY THE WHITES HAVE DOENIS TO UNDERMINE AND DESTROY ALL OUR JUSTICFE SYATEMS SO THEY LEAD US TO BELIVE THAT THEY KNWO WHAT TO DO AND WE DONT THIS FALACY FALSE IMPERTINENT MISDIRECTIONS OF TRUTH THEY STILL DO NOT RECOGNISE THAT WE HAD NEVER REALLY ACCETED THEM AS OUR SUPERIORS THERE WAS ATIME WHEN MAN HAD TO DO WHAT WAS NECESARRY TO LIVE FOR HIS FAMILY AND WHAT EVER THEY SAID OR DID WAS UINDER DURRESS. NOTHING WAS ADMISSIBLE THEY HAVE NO LEAL TENDR IN NO PART OF AFRICA THEY ARE NOT WELCOME WITH THEIR BARBARIC USE OF LAWS. THEY SHOULD TAKE A LOOK AT THEIR WON DISCONNECT WITH YOUING BLACK YOUTHS HOW THEY HAVE DESTROYED THEIR LIVES AND WHOM THEY HAVE NOT HAD MURDERED FOR SURVIVAL HASD BEEN LEFT TO DIE IN THEIR IMMENSE PRIOSN SYTEM THE SAME IDEOLOGY WAS TRANSFERED FROM THE VAST SLAVE PLANTAIONS TO A MORE INTENSE WORK FOR FOOD WORK FOR PRIVELIDGES SUCH AS VISITS PHONE CALLS AND MAY BE ONE LETER A WEEK. THEY HAVE SOME OF THE MOST INHUMANE SYSTEMS ON THE PLANET ALL THEIR PRISON SYSTEMS IS AKIN TO SLAVERY AND TORTURE. THEIR SUPER MAX S A PLACE HWERE YOU ARE BURIED UNDERGROUND FOR DECADES NOT TO BE SEEN . THESE THINGS ARE NOT HUMANE AND THEY ARE DESIGNED BY STANIST THOSE WHO BELIVE THEMS ELVES TO BE THE MOST POWERUFL; THEY ARE NOT!!! THEY ARE JUST WICKED MEN WHO HAVE ABUSED THE POWER THAT THEY HAVE STOLEN OR RECEIVED. "AFRICA UNITED"