Friday 29 November 2013

[wanabidii] Re: [ThelastwordtoKenya] Re: [PK] Bad News for Mzee Khaguli: Uhuru, Ruto can skip trials as ICC rules amended

Short for githu muigai

On Nov 28, 2013 9:23 PM, "margaret gichuki" <Wams2006@gmail.com> wrote:
 

Who is Githumu?


On Thu, Nov 28, 2013 at 6:57 PM, Kuria-Mwangi <kjmwangi@gmail.com> wrote:
Okil
I didnt see it that way but the full import of ICC will be seen next year. Those Judges with exception with our Nigerian brother (Judge) wants to give these fellows a hard time and will exploit any loophole to give them a hard time.  I show similar argument fronted by others even as Githumu and Madam put a brave face.

The good thing is that I think politically, many Nations including USA and Britain do not want a confrontation and a scenario where Uhuru  may be forced to decide between listening to majority of Kenyans who wants him run the country with as little interference as possible and following the demands put by ICC where he would have to be out of the country for weeks. I dont see the latter happening and any warrants issued would see serious economic and political implications faced by Kenya and investors from those countries. Any gain in ICC is also due to the economic and geopolitical interests of those Western and American powers. Some talk as if we are the only ones who need them.


On Thu, Nov 28, 2013 at 3:17 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]\
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