ICC rejects Uhuru, Muthaura appeal

By Felix Olick

Judges at the International Criminal Court (ICC) have rejected an application by two Kenyans facing crimes against humanity at The Hague to have their cases heard in either Kenya or Tanzania.

The three-judge Bench rejected applications by Deputy Prime Minister Uhuru Kenyatta and Former Head of Civil Service Francis Muthaura to have their trials moved from The Hague.

According to the judges, an application or recommendation changing the place where the Court sits may be filed at any time after the initiation of an investigation, either by the prosecutor, the defence or by a majority of the judges.

They argued the application or recommendation changing the place of sitting should be addressed to the Presidency who satisfy itself of the views of the relevant Chamber.

“The Presidency shall consult the State where the court intends to sit. If that State agrees that the court can sit in that State, then the decision to sit in a State other than the host State shall be taken by the judges, in plenary session, by a two-thirds majority,” noted the judges in their ruling.

The judges led by presiding Judge Kuniko Ozaki however noted that the Rome Statute provides for the possibility of the court sitting away from The Hague but certain procedure must be followed.

Reduce costs

“This provision is elaborated upon in Rule 100 of the Rules, which sets out the procedure to be followed in the event an alternative sitting place is considered,” they argued.

In May, the defence team of Uhuru submitted an application to the bench requesting the trial be held in the Kenya citing expenses and to ensure the judicial process takes place within the territory affected.

Muthaura also requested the court to consider the possibility of holding the trial in Kenya or in Arusha, Tanzania, at the premises of the International Criminal Tribunal for Rwanda.

His defence had argued that changing the place of the proceedings would reduce the disruption and strain that the trial would place on the accused.

They also argued that it could additionally reduce costs relating to witness travel, reduce disruption to victims and ensure the judicial process remains in, or in proximity to, the territory concerned.

Uhuru and Muthaura have been accused of allegedly being criminally responsible as indirect co-perpetrators of crimes against humanity of murder, deportation or forcible transfer of persons   rape and persecution.

Other suspects are Eldoret North MP William Ruto and Radio journalist Joshua Sang.