Ahead of Washington Summit, Setback for Kenya’s Attorney General in pre-trial defense of President Kenyatta at ICC

 

Counting-the original tally

Counting-the original tally; December 27, 2007

“ICC acts tough on Uhuru’s assets, phone records” Daily Nation, July 30.

The International Criminal Court has directed that the Kenyan government be compelled to provide the property and financial records associated with President Uhuru Kenyatta if the government was not ready to fully cooperate.

In a ruling on Tuesday, the judges further unanimously endorsed the prosecution’s revised request that Attorney-General Githu Muigai had contested during the status conference on July 9.

The AG seems to have lost his argument, as the Trial Chamber V (B) ruled that the prosecution’s request was right within the provisions of the Rome Statute of cooperation.

.  .  .  .

The judges further directed the prosecution to “pursue all possible means to get Mr Kenyatta’s telephone records.

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Of the items that Ms Bensouda had requested she was only able to obtain the details of four the vehicles Mr Kenyatta owned or regularly used between November 1, 2007 and April 1, 2008. These were obtained with the consent of the accused.

In fact, Lands secretary Charity Ngilu, in a letter that was read to the court, said that “doing the best with the resources and time available to us, we have not located any land, title or property registered under the name of Uhuru Muigai Kenyatta.”

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The Chamber also trashed arguments by the AG that the “work of prosecution investigators was being outsourced to the Kenyan government”. The judges, Kuniko Ozaki, Geoffrey Henderson and Robert Fremr, also validated the extensive requests by ICC prosecutors.

“It is a reasonable investigative premise that an accused with access to substantial resources may choose to act through various intermediary entities, as this would in particular, reduce the traceability of transactions intended to further a criminal purpose,” they said.

Githu had dismissed the request by Prosecution Chief Fatou Bensouda as irrelevant to the charges and too broad. The wide-ranging requests, which were made public for the first time late Tuesday seeks disclosure of the President’s records for about three years beginning June 1, 2007 to December 15, 2010.

“Investigations inquiries may not be confined merely to the immediate period of the violence,” the judges ruled. “In the context of certain records, a longer time period may also be justified for comparison purposes where pattern of activity may be significant in revealing unusual communication or transactions.”

This is the second time the ICC Judges are asking the Kenyan authorities to use compulsion to comply with its cooperation obligations to the court. The judges have threatened to refer Kenya to the Assembly of State Parties if it declines to disclose the records.

Already, a separate chamber has issued orders to the govern- ment to compel nine witnesses to testify against Deputy President William Ruto and his co-accused, journalist Joshua Sang. Uhuru’s trial is set to begin on October 7.

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If you are in Washington for the Africa Summit or otherwise on August 7 you can have dinner with H.E. Kenyatta at the Grand Hyatt from 7-9pm, sponsored by the Corporate Council on Africa, for $200 if you are not a member of the Council, or $100 if your are.  Members (only) may wish to join H.E. Teodoro Obiang of Equitorial Guinea, starting at 6pm that night at the St. Regis.  Perhaps with a good driver you can catch both.  To register follow the links here; the Council is also hosting several less controversial events surrounding the Summit.

 

Political ‘wedding day’ in Nairobi

Ballot for President with the Nine Nominees
PRESIDENTIAL BALLOT FROM 2007

Today was the deadline for filing of pre-election agreements between and among Kenya’s political parties. No big surprises in terms of the basic shape of the Odinga-led versus the Kenyatta-led groupings. As this is a non-partisan blog, and I don’t vote in Kenya as an American, I will not be suggesting how Kenyans should vote or endorsing anyone, but I’ll share a few quick thoughts “from where I sit”.

The agreement of Vice President Kalonzo Musyoka to be Raila’s running mate seems to have come down to the wire, although it is a bit hard for me to see how this would be too much of a surprise to people paying close attention.

Ostensible ODM Deputy Prime Minister Musalia Mudavadi, Raila’s running mate last time, joined Uhuru Kenyatta’s TNA grouping at the last minute, but he has been out of ODM and on to UDF for a long time and has long been seen as the potential “compromise” candidate to substitute for Uhuru and/or Ruto in the event the Kenyan courts were to ultimately disqualify either or both of them due to the ICC cases or some related complication. It would be risky for Uhuru and Ruto not to have someone suitable in that role.

On the Odinga side, the new CORD grouping has picked up Charity Ngilu and NARC along with Kalonzo which means he has picked up both sides of a division within “Eastern” politics and added a woman of longstanding political stature. With both Kalonzo and Moses Wetangula, CORD has two former Foreign Ministers, with Kalonzo in particular having been around a long time in diplomatic circles. He is someone with whom those in foreign capitals who are concerned with Kenya’s stability as a perceived regional anchor will be used to and comfortable with.

Absent the ICC situation, Uhuru and Ruto would be potentially attractive to some in the West as representing the notion of a mini “grand coalition” appeasing the elite of the combatants in the violence related to land and political boundaries in the Rift Valley that has normally coincided with Kenyan elections post-Cold War and they will be well funded to try to sell that pitch irrespective of the pending charges. I have a hard time seeing them get any traction, but I have been wrong before.

No disrespect intended to the other candidates–another post for later. The whole thing will be fascinating to watch, but scary due to the real dangers.

Good piece in today’s Financial Times from Katrina Manson in Nairobi.

Kenya Update: election campaigns, teachers strike, Mombasa unrest

Close to 100 Kenyan civil servants tendered their resignations by Monday’s deadline in order to run for public office in the upcoming elections. The Standard reports.

Perhaps the most conspicuous is controversial Government Spokesman Alred Mutua who will seek the Governorship of Machakos County through the Wiper Party, formerly ODM-Kenya, headed by V.P. Kalonzo Musyoka.

Charity Ngilu, Water Minister from Kitui South, has entered the presidential race, the second female candidate along with Martha Karua. Ngilu was the first Kenyan woman to run for president in 1997.

Kenya’s public school teachers have gone on strike, from the Daily Nation:

School activities have been paralysed as teachers went on strike to demand for more pay.

The teachers defied a court order issued on Friday declaring the strike illegal and failed to report to the more than 30,000 public primary and secondary schools countrywide.

A survey by the Nation established that no learning took place on the first day of Third Term.

In Mombasa, a Muslim cleric, Said Abubaker Shariff Ahmed, suspected of involvement in terrorism has been charged with inciting the deadly riots following the killing of his associate Aboud Rogo.