Special court to complement ICC to be created

By Roselyne Obala

Nairobi, Kenya: Chief Justice Willy Mutunga has said a special division within the High Court to complement the International Criminal Court (ICC) will be in place within a year.

At the same time, Dr Mutunga announced that a report by a five-member committee working on modalities of The International Crimes Division (ICD) of the High Court will be made public by the end of this month.

The committee comprising of Samuel Kobia (chairman), Mohammed Warsame (co-opted member), Emily Ominde, Isaac Lenaola and Florence Mwangangi had travelled to Rome on a fact-finding mission on the set up process.

“I am yet to read the report prepared by the committee after they returned. Once I have read it, it will be made public by the end of this year,” said Mutunga.

The CJ affirmed that he will then discuss the structure of the special court with the Judicial Service Commission (JSC).

Mutunga said the process of setting up the special court is complicated and requires more time.

“This is a process that demands more time. It is not something to rush,” he said.

He added that probably by end of next year, the division will have been established.

He spoke on the sidelines after receiving two jurists from Israel who are in Kenya for three days to share judicial experiences, challenges and solutions.

Last month the committee, constituted in May this year came up with recommendations on the court, which was adopted by JSC in October.

The division will deal with various crimes against humanity, post-election violence perpetrators, piracy, money and cyber crimes, among others.

The latest development confirms Mutunga’s earlier position that the court will have nothing to do with the Kenyan cases currently before the ICC.

The trials against the four suspects, Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Ambassador Francis Muthaura and former radio presenter Joshua Arap Sang are set to kick off in April next year.

The ICD will address public demands to have perpetrators of post-election violence prosecuted.

The process will include setting up of an independent prosecution unit with an independent prosecutor and witness protection agency staff.

The committee emphasised that political, financial and institutional commitment by the Government is paramount in setting up the division.

Mutunga explained that ICC has the capacity to prosecute only those who bear the greatest responsibility.

The CJ said the special division will handle trials of all suspects while upholding the ICC standards and witnesses will have an opportunity to actively participate in the judicial process.

The division will be expected to ensure justice to all, reduce legal costs and offer an opportunity to all parties to attend and follow court proceedings.

The ICD would expand the jurisdiction in handling international and transnational crimes.