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UN appoints Kenya’s Justice Aluoch to ICC

Living

By Susan Anyangu

Kenya’s Appellate judge Lady Justice Joyce Aluoch has been appointed as a judge of the International Criminal Court.

Justice Aluoch beat tough competition, trouncing renowned judges from across the world to capture one of the highly coveted positions.

Following the appointment by the UN General Assembly on Monday, Kenyans who find themselves accused of crimes against humanity may just face, their very own at The Hague.

According to the ICC website, Justice Aluoch was elected at the final round of the vote and garnered two thirds majority required and will serve for nine years.

Her election came two months after a Kenyan diplomat Zachary Muburi-Mwita was elected one of the vice presidents of the ICC secretariat.

Speaking to The Standard from New York, Justice Aluoch expressed delight and surprise at the appointment.

"I do not know what to say. This is God’s miracle. It was tough. We have been here since January 6 lobbying for the position and God has come through for us."

The ICC is an independent, permanent court that has jurisdiction to try persons accused of the gravest crimes of international concern. These crimes include genocide, crimes against humanity and war crimes.

According to its website, the ICC is a court of last resort. "It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility".

Kenya has been under the spotlight from the ICC Prosecutor’s office following the recommendations of the Waki report concerning the instigators of post-election violence.

The Waki Commission recommended that should the government fail to constitute a local tribunal to investigate those suspected of perpetrating the violence, the list of suspects should be forwarded to the ICC.

Justice Aluoch has extensive judicial experience spanning over three decades pitching her in the highest court in the country, the Court of Appeal.

She joined the judiciary as a District Magistrate in 1974 and rose through the ranks to her current position. Justice Aluoch was elected to the High Court in 1983.

She holds a Masters Degree in International Affairs from Fletcher School of Law and Diplomacy, Tufts University in Boston, USA. She graduated from the University of Nairobi with an LLB and also holds a Diploma in Legal Studies from the Kenya School of Law.

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