Faiza,
"This IS serious"! In my humble opinion, we are NOT quite out
of the woods YET!!! I hope I am WRONG!!!
Nyamodi Ochieng-Nyamogo.
On 11/28/13, Faiza Hassan <wasitara@gmail.com> wrote:
> This is serious if that is what is to be amended
> On Nov 28, 2013 11:17 AM, "Nyamodi Ochieng Nyamogo" <
> okil@nyamogoadvocates.com> wrote:
>
>> KM et al,
>> I am, myself, still worried! I fear the Kenya delegation,
>> quite contrary to what Amb. Amina Mohammed and Prof. Githu Muigai
>> would rather have us believe, has left the Assembly of State Parties
>> at The Hague with "mere bones"!!!
>> These so called "changes/amendments" seem to simply have
>> thrown Uhuru/Ruto "under the bus" and still left them at the mercy of
>> the judges and prosecutor! I say this, because if the Rome Statute
>> says anything different, then it is still open for the prosecutor to
>> oppose an application for excusal and a strict Trial Chamber may just
>> uphold the objection!!!
>> In fact, I dare even argue, apart from the many words
>> added, the so called "changes/amendments" have altered NOTHING of
>> substance in the "rules of procedure" as they stood hitherto!!!
>> Nyamodi Ochieng-Nyamogo.
>>
>> On 11/28/13, margaret gichuki <wams2006@gmail.com> wrote:
>> > Haaaaa...Khaguli& Co must be going NUTS! It'll take wiffeys and hubbys
>> alot
>> > of work to get them going.lol
>> >
>> >
>> >
>> > On Wed, Nov 27, 2013 at 2:32 PM, Kuria-Mwangi <kjmwangi@gmail.com>
>> wrote:
>> >
>> >>
>> >> Ndugu Khaguli:
>> >> I am sorry to hear this. Pole sana kakangu
>> >>
>> >> Uhuru, Ruto can skip trials as ICC rules amended
>> >> Posted by CAPITAL
>> >> REPORTER<http://www.capitalfm.co.ke/news/author/capital-reporter12536/>
>> >> on
>> >> Wednesday November 27, 2013 at 7:29pm
>> >> [image: Uhuru's trial is due to commence in
>> >> February/FILE]<
>> http://www.capitalfm.co.ke/news/files/2013/10/UHURU-LAWYERS1.jpg>
>> >>
>> >> Uhuru's trial is due to commence in February/FILE
>> >> inShare
>> >> *THE HAGUE, Netherlands, Nov 27 – President Uhuru Kenyatta and his
>> deputy
>> >> William Ruto will not be required to be physically present at the ICC
>> but
>> >> can be represented by counsel after the Assembly of States Parties
>> >> amended
>> >> its rules.*
>> >>
>> >> *The amendment was part of two changes Kenya managed to push through
>> >> as
>> >> the 12th ASP came to a close at The Hague.*
>> >>
>> >> "We have achieved a fundamental change in how the ICC functions. This
>> >> is
>> >> a
>> >> major victory for the Kenyan team. It is significant in how the ICC
>> >> engages," Foreign Secretary Amina Mohamed said after the Thursday
>> plenary
>> >> session.
>> >>
>> >> She told journalists that the Kenyan team came to The Hague with
>> >> important
>> >> goals "and we are glad to announce that we have nailed them both."
>> >>
>> >> She said securing excusal from trial at the International Criminal
>> >> Court
>> >> (ICC) for Kenyatta and Ruto was key for Kenya.
>> >>
>> >> "As you are aware, the ICC had always argued that the accused person
>> must
>> >> be physically present throughout the trial. We now have a new rule
>> >> that
>> >> says that is in fact not the case."
>> >>
>> >> The new rule 134 (4) acknowledges that the President and Deputy
>> President
>> >> are duly elected by the Kenyan people and have a mandate to govern
>> >> even
>> >> while meeting their obligations to the court.
>> >>
>> >> "As you know, we had a mandate from the AU pursuant to its resolution
>> >> that
>> >> no sitting heads of state or government, their deputies or people
>> >> mandated
>> >> to hold such offices may appear before the ICC or indeed any other
>> >> court
>> >> while they remain in office," Mohamed said.
>> >>
>> >> She explained that Kenya had also now given notice to the UN Secretary
>> >> General on immunities of heads of state and government under Article
>> >> 27.
>> >>
>> >> "We expect such a meeting to be convened after the 90-day notice
>> >> period
>> >> expires in the first quarter of next year."
>> >>
>> >> The decision significantly comes after the ICC overturned its earlier
>> >> decision excusing Kenyatta from continuous presence at trial.
>> >>
>> >> The new rule means that Kenyatta's lawyers can now file fresh
>> >> applications
>> >> for his excusal pursuant to the amendment.
>> >>
>> >> --
>> >> [image: Image][image: User avatar]\
>> >> Veritas liberabit vos
>> >> The truth Shall set you free
>> >> http://www.kuria-mwangi.blogspot.com
>> >> http://www.facebook.com/kjmwangi
>> >>
>> >> --
>> >>
>> >>
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>> >>
>> >>
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