ICC rejects application by watchdog

By Felix Olick

A request by a Kenyan human rights watchdog to file observations in the two Kenyan cases at The Hague has been rejected.

Judges at the International Criminal Court (ICC) rejected the request by Kenya Human Rights Commission (KHRC) and ordered the information be made public.

The Trial Chamber V judges ruled that KHRC submissions would not provide any information beyond what it has already received and as a result would not assist in proper determination of the case.

Last month, KHRC filed a confidential request for leave to present a brief as amicus curiae (friend of the court) in the cases against four Kenyans including Jubilee coalition Presidential candidate Uhuru Kenyatta and William Ruto.

Court aware

The commission headed by law scholar Makau Mutua and Betty Murungi had given its views on the disclosure of the identities of witnesses, the effects of such disclosure and the law related to the protection of witnesses.

But the judges said the Chamber is aware of the general risks that witnesses in an international criminal trial may face as well as the law.

They also noted that the appropriate bodies of the court supposed to inform the Chamber on the individualised risks for witnesses have done so or have been ordered to do so.

On January 16, the defence teams of Ruto and Sang asked the Chamber to dismiss the KHRC request and reclassify the application as public.

The three judges led by Presiding Judge Kuniko Ozaki granted the request arguing that KHRC had failed to provide any basis for classifying its filing as confidential.

They added: “The Chamber hereby grants the defence’s request to reclassify the request and response as public; and orders the Registry to reclassify the request and response as public.”

Last November, the Judges authorised Kituo Cha Sheria, a non-governmental organisation to submit observation in the Kenyan cases.