Ali departs for date with ICC judges

April 5, 2011 12:00 am
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, NAIROBI, Kenya Apr 5 – The Ocampo Six suspects have started leaving the country to honour their summonses on Thursday and Friday.

Former Police Commissioner Major General (rtd) Mohammed Hussein Ali who is also the Postmaster General left the country on Tuesday morning ahead of his date with the International Criminal Court (ICC) judges this Friday.

Security sources at the Jomo Kenyatta International Airport (JKIA) told Capital News that Maj Gen Ali jetted out early Tuesday morning.

A team of his lawyers led by Evans Monari and Gerishom Ottachi had departed on Monday night to prepare ground for their client.

They will be teaming up with international lawyer John Philpot of Canada in preparing a strong defense for the former police commissioner who is being accused of having failed to protect innocent civilians from Mungiki attacks in Naivasha.

Capital News has also learnt that other ICC suspects including Head of the Civil Service Ambassador Francis Muthaura and deputy Prime Minister Uhuru Kenyatta will leave the country later on Tuesday for their Friday hearings.

Mr Muthaura’s lawyer Ken Ogeto is among a team of lawyers who flew out to The Netherlands on Monday night.

“Everything is in place and we are ready to represent our client,” Mr Ogeto told Capital News shortly before he borded the plane to The Hague on Monday night.

Eldoret North Member of Parliament William Ruto, Tinderet MP Henry Kosgey and KASS FM presenter Joshua Arap Sang are also scheduled to leave the country tonight (Tuesday) for their court appearance on Thursday.

Sources told Capital News that their lawyers are already in The Hague laying ground for their initial appearances as ordered by the court.

Capital News has also learnt that Attorney General Amos Wako, Solicitor General Wanjuki Muchemi and Director of Public Prosecutions Keriako Tobiko were also jet out on Tuesday to attend the hearings.

“Wako is leading a high-powered delegation from the State Law office,” an official at the AG’s office said.

The International Criminal Court on Monday set aside an application by the government seeking to have the admissibility of the Ocampo Six case heard before the suspects appear in court later this week.

The Judges of Pre-Trial Chamber II say the Rome Statute and the Rules of Procedure and Evidence do not provide for any specific time-limit during which the Judges should make a decision regarding this application, and that the ongoing judicial proceedings will not stop.

A brief statement from the ICC on Monday said the judges were in the process of reviewing the application.

"The Judges of Pre-Trial Chamber II have received the Application on behalf of the Government of the Republic of Kenya pursuant to Article 19 of the ICC Statute and are currently in the process of reviewing the application," the statement on the ICC website said.

It added: "The Rome Statute and the Rules of Procedure and Evidence do not provide for any specific time-limit during which the Judges should make a decision regarding this application, and the ongoing judicial proceedings will not stop."

Attorney General Amos Wako announced last Thursday that the government had hired Counsels, Geoffrey Nice QC and Rodney Dixon, Barrister-at-Law to handle the suit.

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