ICC suspects to know verdict on same day

By Evelyn Kwamboka

The ruling on whether the six post election violence suspects will go for full trial is to be delivered on the same day.

Pre-Trial Chamber II Judge Ekaterina Trendafilova said the decision was based on security concerns raised by witnesses and victims in the country.

The decision was made on Wednesday following a report from the court’s registrar’s office that drew the judge’s attention, that delivering rulings on the two cases separately may cause tension in the country. The registrar’s report filed at the court is currently treated as confidential.

She said the registrar indicated tension would arise whether the charges are dismissed or confirmed against the suspects.

Second case

"The registrar also confirmed that witnesses have expressed security concerns incase decisions in the two cases were issued separately," she said in the ruling.

The court had initially indicated it would deliver its decision in the first case involving Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio presenter Joshua Sang, 60 days from October 24. For the second case for Finance Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Postmaster General Hussein Ali, the court was to make its decision another 60 days after end of November.

The two decisions will now be delivered at the end of January next year as Kenyans prepare for the General Elections. "Speculations and potentially heated public debate might take place with an expectation of the same result in the second case. Thus, according to the registrar, issuing the decisions simultaneously could make a significant difference on how the Kenyan population reacts to the decisions," she added.

The judge said these factors constitute "good cause" warranting exceptionally the variation of the time limit in the first case.

The judge said she has ensured the Chamber receive regular reports on the security situation in the country. She reiterated her appeal to Kenyans to respect life, security and property of victims and witnesses.