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Events that led to The Hague process

By | January 22nd 2012

By Stephen Makabila

From the time of the bungled presidential election in December 2007 todate, a lot has happened, right from post-election violence to the country becoming a household name at the International Criminal Court (ICC).

Most of the highlights of this four-year period of anxiety are both on Kenyan soil and at the ICC headquarters at The Hague.

This article outlines the chronological order of events leading to the ICC process todate.

December 27, 2007, Kenyans vote in a General Election for presidential, parliamentary, and civic slots.

December 30, 2007, President Kibaki (PNU) is declared the winner and sworn-in at dusk. ODM’s Raila Odinga disputes results. Post-election violence erupts.

February 5, 2008, ICC Prosecutor Moreno-Ocampo says his office has begun a preliminary examination of post-election violence.

October 15, 2008, The Waki Commission submits its report and recommendations to the Government. It calls for establishment of a special tribunal of national and international judges to investigate and prosecute perpetrators of the post-election violence failure to which the ICC should step in. A sealed envelope of names of those suspected to be most responsible for the violence was to be handed to ICC by Waki.

February 12, 2009, Parliament votes against the establishment local tribunal to address the post-election violence, despite President Kibaki’s and Prime Minister Raila Odinga’s attempts to have post-election violence suspects tried in a special local court.

July 9, 2009, Annan says he has handed a sealed envelope with the names of at least 10 alleged masterminds of the violence to the ICC.

November 9, 2009, Parliament begins debate on another constitutional amendment to form a local tribunal, but equally fails.

November 26, 2009, Moreno-Ocampo files a request, seeking authorisation from Pre-Trial Chamber II to open an investigation into crimes committed during 2007-2008 post-election violence.

March 31, 2010, Pre-Trial Chamber II issues its majority decision that there is a reasonable basis to proceed with an investigation into the situation in Kenya in relation to crimes against humanity within the jurisdiction of the ICC committed between June 1, 2005, and November 26, 2009.

December 15, 2010, Ocampo requests the issuance of ‘summonses to appear’ for six people – William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang (case one) and Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohamed Hussein Ali (case two) – for their alleged responsibility in the commission of crimes against humanity.

December 22, 2010, To block any trials at The Hague, lawmakers pass a Motion urging Kenya to withdraw from the Rome Statute that establishes the ICC.

March 8, 2011, Pre-Trial Chamber II issues the summons to appear for the aforementioned six individuals.

March 31, 2011, Government files an application challenging the ICC’s jurisdiction over the cases.

April 7, 2011,The first three defendants (Ruto, Kosgey, and Sang) make their initial appearance before the ICC at The Hague.

April 8, 2011, The second three defendants (Muthaura, Kenyatta, and Ali) make their initial appearance before the Court at the Hague.

August 30, 2011, The ICC dismisses Kenya’s bid to stop a probe into post-election violence, saying Kenya had failed to show it was conducting its own investigation of six suspects.

September 1, 2011, Confirmation of charges hearing begins for the first three defendants.

September 8, 2011, Confirmation of charges hearing concluded for first three defendants.

September 21, 2011, Confirmation of charges hearing began for the second three defendants.

October 5, 2011, Confirmation of charges hearing concluded for the second three defendants.

January 23, 2012, ICC to rule on whether cases against the six goes to full trial.


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