Uhuru, Muthaura, Ruto, Sang indicted by the ICC

NAIROBI, Kenya, Jan 23 -NAIROBI, Kenya, Jan 23 – Two leading Kenyan presidential candidates are among four suspects whose charges were confirmed on Monday by the International Criminal Court over deadly violence following disputed 2007 presidential polls.

The two include Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto.

ICC presiding judge Ekaterina Trendafilova said the Pre-Trial Chamber II by a majority decision, also confirmed charges against Head of the Civil Service Ambassador Francis Muthaura and Kass FM Radio Presenter Joshua arap Sang.

“After having thoroughly examined all the evidence presented by the prosecution, the chamber decided to confirm the charges against four of the six suspects,” Trendafilova said in a ruling televised from Courtroom I of the ICC in The Hague.

“The chamber found that there are substantial grounds to believe Mr Ruto is responsible as an indirect perpetrator of the crimes,” she said at the public presentation.

Both Ruto and Kenyatta are seen as leading challengers to Prime Minister Raila Odinga in the next presidential election, which is due to be held by March 2013 at the latest.

Read the full ruling here.

“With respect to the criminal responsibility of Mr Muthaura and Mr Kenyatta, the chamber was satisfied that the evidence also established substantial grounds to believe that they are criminally responsible for the alleged crimes, as indirect co-perpetrators, pursuant to article 25(3) (a) of the Rome Statute, having gained control over the Mungiki and directed them to commit the crimes,” the judge said.

On Ruto and Sang, the judges said Prosecutor Luis Moreno had satisfied the chamber that they indeed were indirect co-perpetrators of the crimes they were charged with: “As to the criminal responsibility of Mr Ruto and Mr Sang, the chamber found, on the basis of the evidence presented, that they are responsible for the charges levied against them.”

In particular, the judge said: “Pre-Trial Chamber II confirmed the charges against Mr Ruto as an indirect co- perpetrator with others, pursuant to article 25(3)(a) of the Rome Statute, while it found that Mr Sang contributed to the commission of said crimes against humanity, pursuant to article 25(3)(d)(i), to the extent specified in the written decision.”

Ruto immediately dismissed the charges and vowed they remain ‘strange’ to him.

“Allegations against me will forever be strange to me. My legal team will move expeditiously to analyse the ruling and the actions to take,” Ruto told reporters at a press conference at his Karen home shortly after the ruling was announced.

He said the ruling made on Monday would not affect his presidential ambitions “at all.”

“Despite the charges confirmed against him, Ruto said: “I am firmly still in the presidential race, the charges confirmed against me will not affect it,” Ruto said.

Co-accused radio man Sang who was also at Ruto’s home vowed to appeal against the ruling.

“It has come as a big disappointment for me because it means now that I will have to spend more time proving my innocence… I did not expect this kind of a decision. I am disappointed and I disagree with it. I am definitely going to contest it,” Sang said.

Former Industrialisation Minister Henry Kosgey and Postmaster General Hussein Ali who served as Police Commissioner during the chaos were cleared of all the charges levelled against them by the prosecution.

In acquitting them, the ICC judges said there was no sufficient evidence presented to them to warrant a full trial.

See related story

“In relation to Mr Kosgey, the chamber found that the prosecutor’s evidence failed to satisfy the evidentiary threshold required. The Chamber was not persuaded by the evidence presented by the Prosecutor of Mr Kosgey’s alleged role within the organization,” the majority ruling said.

The judges were particularly concerned that the prosecutor had relied on one anonymous witness and questioned the inconsistencies in dates Kosgey is alleged to have attended meetings to plan violence.

In particular, the judges said “the prosecutor relied on one anonymous and insufficiently corroborated witness. Moreover, the chamber determined that Mr Kosgey suffered prejudice due to the redaction of certain dates related to a number of meetings that he allegedly attended, which proved to be essential for his defence and for the finding on his criminal responsibility.”

“In light of these facts and the entire body of evidence relating to Mr Kosgey’s criminal responsibility, the chamber declined to confirm the charges against Mr Kosgey,” the judges said.

Read a summary of the court’s decision here.

  • http://twitter.com/kennetholayo KENNETH BENSON

    if they were in deed innocent as they claim, let them prove it there. as for me, i can never ever vote for a suspect. 

    • Charlie

      keep your smelly vote we need it not!

      • mecca

        Charlie dont be annoyed, take it easy
         

      • Me

        clearly a big fan of the confirmed suspects. Why so emotional Mr. Charlie? Replying every post. take it easy, still a long way to go and many opportunities to prove innocence.

      • Kemb

        those are not your fathers these are tycoons they dont know u, why get emotional let them carry their own cross.bro struggle with your own life.these pple have made their lifes.

    • pierre

      msssssssschheeew!

    • Mark

      Never vote for anyone! The same leeches who have been eating up Kenya since KANU era are the same same generations and generations have been recycling over and over again. The aug hse is full of roaches.

  • http://twitter.com/kennetholayo KENNETH BENSON

    if they were in deed innocent as they claim, let them prove it there. as for me, i can never ever vote for a suspect. 

  • ouko robert

    ON ALI’S VERDICT THE PROSECUTOR NEED TO GAIN MORE FROM KISUMU COUNTY AND KIBERA FOR HIS CONFIRMATION AS AMATTER OF FACT THE POLICE ALSO PERTICIPATED IN KILLINGS

  • ouko robert

    ON ALI’S VERDICT THE PROSECUTOR NEED TO GAIN MORE FROM KISUMU COUNTY AND KIBERA FOR HIS CONFIRMATION AS AMATTER OF FACT THE POLICE ALSO PERTICIPATED IN KILLINGS

    • Guest

      And don’t forget, in the PNU strongholds the police who were meant to offer security, were accused of rape. So either way, Ocampo must, MUST go after Ali. The police were a big part of the violence & someone aka ALI, must be held accountable.

      • njugus

        there must be evidence(that we never got hold of) stating that Ali was powerless and i think the judges looked at that.he ws police chief but he didnt have control.

        • Guest 2

          Makes sense. But surely for all who were shot by police, Ali & co. should be held accountable-by a local tribunal…Including all others who ICC can’t deal with it.

    • Guest

      And don’t forget, in the PNU strongholds the police who were meant to offer security, were accused of rape. So either way, Ocampo must, MUST go after Ali. The police were a big part of the violence & someone aka ALI, must be held accountable.

  • kirui

    Well  done  ocampo,  But  major  Ali  should  have  gone  there  .

    • sagana

      he should come back and shoot the neanderthals who loot and burn property in town like we are in stone age while high on chang’aa and bang!

      • Honestly

        ICC aside (the accused, their lawyers and judges know  how to proceed), Charlie are you ok? You sound so filled with hate. May God help you and others like you!

        • Aptbks

          let Charlie hv perpetual stew all he likes, but the wheel of justice should grind, like it has lately.

  • kirui

    Well  done  ocampo,  But  major  Ali  should  have  gone  there  .

  • Peter the kenyan

    Kenneth Benson, i am in agreement in what you posted, this is a new country and justice has been served to many who were affected…..

  • Peter the kenyan

    Kenneth Benson, i am in agreement in what you posted, this is a new country and justice has been served to many who were affected…..

  • Decisive

    I hope Raila Odinga has built a good retirement home in Bondo. The ICC just did him in no wonder he has run out of the country as usual when he is faced with pressure. 

    • Felix

      bure kabisa!

    • geofry

      Kweli kabisa

    • njugus

      where again does raila come in?surely, only a stupid raila would wnt ruto and uhuru at the hague. use your heads people.with ruto and uhuru on the ballot box, he stands a better chance!he isnt stupid to that fact nd i think anyone thinking that would be silly.

    • Kioko

      Raila is not fit for the presidency at this polarizing time instead he should allow Mudavadi to take over of the governance of nation till 2017 and then can Mudavadi can seek for the second term in 2022. Raila want to fulfil his father’s dream. Raila knows his two sons are clowns who are busy divorcing….

  • Vickacky

    all the people who were  going round makin noise..their case have been confirmed. i said from the beggining..kosgey way of aproach to this icc issue was excellent. his lawyer was good. he had no witness. he chose to keep quite and was never seen on public rallies or media. congrats to him.

  • Patriot

    Hooray Ocampo. Now you can retire in peace and thank you for shaming our judiciary. we would never ever get even here. And good enough, it looks like the louder ones tend to be guiltier (sic). its so irritating criminal suspetcs running all over town in the name of campaigns. God help us..One more little thing Ocampo. There was this policeman who shot someone to death  live on TV? Did you use that one? We just left one big one off the hook.. 

    • sagana

      To Hell with you!!!

      • Guest

        You sound bitter…Keep it to yourself, kindly!

      • Aptbks

        Tell Charlie to go hang or or drown in the sea, coz this thing is real, whatever he thinks, some1 is going to fry good. Charlie u are a sore looser.

      • guest

        charlie go hug a transformer you are so bitter, are these ocampo 4 related to you

  • Vickacky

    this is the time when kenyan new constitution will be tested. judges are going to have really hard time in the oming days..the big question is? will this people resign and are they qualified to run for top seats. its a question that will bring such a big debate…..very very tricky

    • Charlie

      they have not been proved guilty they will face trial they can even appeal lets wait.

      • Anantpanchmatia

        If they are not they will be.Grow up man.

      • guest

        they have been proved guilty now they have to prove their innocence. you cannot appeal before convicted. in any case they have a very rough time ahead.

  • Annenjoroge_2001

     A leader is a dealer in hope

  • Dinanduru

    KUDOS ICC, The police did a commendable job to quel violence & looting especially in Nairobi & Kisumu. Kibera slumdwellers are now complaining about dropping of charges against police cheif because they were stopped by police from entering and looting the city.

    • Guest

      Grow a pair!!!

  • Guest

    @Decisive, I wonder why every Kenyan falls ploy to what politicians say. What has Raila to do with the ruling jameni? If you read this Nation post (far back 2009) you will see those who wanted the Hague and those who didn’t. 
    http://www.nation.co.ke/News/-/1056/533390/-/item/1/-/uxybb6/-/index.html 

    @Decisive:disqus 

    And by the way, it is not that Kenyans don’t know the truth, it is only that our ethnicity reigns supreme and blocks our reasoning.

    • Charlie

      Regardless we are done like yesterday with him!!! now and forever! Guest we dont care at all what your opinion is tell it to your girlfriend!!!!!!!!!!!

      • Guest

        The good thing is that your mother is my girlfriend so I will tell here

        • Mark

          Nice retaliation bro. Hope u wunt mind a cup of caffè latte?

    • pierre

      msee Raila will never be the president of Kenya.NEVER

      • Kemb

        Raila comes apresident or not,my friend Raila has made his life just make yours.whoever who comes wiil never bring food to table for u & YOUR FAMILLY.  

  • Gavana GatwechiKamau

    Lets keep our eyes on the ball. We now know who is behind our predicament. We will also have our say when the time comes we Know who is not in the list and WHY!

    we will soldier on and will not be deterred by tired Judges who cant ask questions………was Muthaura running? 

    • Aptbks

      when u talk of ‘ who is behind our predicament’? Who are u, u mean the rope is also on ur neck n we dont know or u r seeing it coming 4u. Kamau pole sana

  • Churchill Ogallo

    Its time for justice to prevail and nobody is going to stand in the way of truth.Fellow Kenyans let us learn from the past and gladly pick the lessons from history.CHURCHILL OGALLO

  • Kanjeemar

    lets hope for the best

  • http://twitter.com/LuchayMzuqa charles

    ali & kosgey’s new ringtone is NILIPONEA BAHASHA YA OCAMPO by Juliani

  • Anonymous

    The president has 3 suspensions to do. After Nancy Baraza, next should be Francis Muthaura and then Hon Uhuru Kenyatta.

  • Hachore84

    Charlie you are being unreasonable and acting as if you’re still in kindergarten. Your comments are absolutely ridiculous and nonsensical. 

  • Anonymous

    well done Ocampo!!! justice at last . Kibaki the ball is now on your side. fire Mr Muthaura and Mr Kenyatta, NOW with immediate effect. kenyans are waiting  tonight. NOW we can call Mr Kosgey for president 2012

  • steve

    May justice be our shield and defender and may it be a lesson to those who think they can ascend to power by spilling blood of innocent people.Why did young ones had to die? 

  • Edithmungiti

    If this way Kenyans shall find the so yearned justice at least for once in our life time since independence, the let our brothers carry their own cross.

  • Victorobiero

    From comments on this one can tell that Kenya is polarized, Mr. Kibunjia NCIC and Ms Namachanja of TJRC have alot to do

  • Sesenyamweya

    After all we must face the major as JAH descends.lets be calm and wait law to take  its rail.WE may be sinful than the four men however,OCAMPO knew not of our viability.

  • Dicksonmn2000

    One of the suspects said and I quote” justice is like a river; it has to take its course”. I don’t with to add anything.

  • Lucas

    These phuckerz can rot in hell. The winds of justice are blowing for all who lost their lives because of one thing…GREED.

    Oh poor Charlie, there are NO stones to throw here. Get a job, and dont forget to take your psychosis medication.

  • Reubenoweke

    what has raila to do with this the problem with us kenyans is tribalism we need to get ourself out pf this narrow way of looking at things even if he does not become president so what.

  • Kilembe

    Based on the latest development…. I can conclude Raila and Kibaki will have an appointment with the NEW ICC prosecutor. Ocampo was unfit for the job. The new ICC prosecutor will be aggressive with latter men to explain what they knew about the 2007/2008 post election violence. It beats logic to see the two men wonder around like drunk sailors

  • Alilol

    Uhuru should resign and give his presidential dream a BYE BYE!!!!!!
    Accused of having long-running ties with a criminal gang known of skinning and beheading innocent Kenyans.
    Should a Kenyan vote for him then May God curse him/her.

  • Alilol

    Before you disagree with me,mwanzo weka ukabila kando na tuangalie haki.

  • Alilol

    Its time Uhuru to give his presidentail dream a BYE BYE!!
    Uhuru Muigai Kenyatta was accused of having long running ties with a criminal gang known of skinning and beheading innocent Kenyans.
    Should a Kenyan vote him then May God curse him/her.
    Hope we all agree on that.

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