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Another attempt to delay the Hague trip

NAIROBI, Kenya Apr 3 – A Kenyan researcher has now applied to the International Criminal Court to suspend summonses issued against six Kenyans.

Moraa Gesicho who also claims to be a victim of the post election violence wants the Pre-Trial Chamber to await an outcome of a case she filed in Kisii High Court over the post election violence.

In a statement, Ms Gesicho claims that the ICC intervention is as a result of the Waki Commission recommendations, which she argues were never fully submitted to President Mwai Kibaki as the appointing authority but instead it was handed to a ‘stranger’

“These findings and recommendations are now a subject of a court case this applicant has filled at the high court of Kenya in Kisii. The issue she plans to present to the ICC are bore out of these contested findings and recommendations,” she stated.

“In view of the serious issues raised, which issues touch on fairness and justice for all including the suspects it is only fair and just that further implementation is halted until the applicant is hard.”

Further implementation in this sense would include halting the appearance of the six suspects summoned to appear before the court on 7th and 8th of the April 2011

In the application filed at The Hague, Ms Gesicho says the decision of the Kisii Court may have serious implication on the case facing the Ocampo Six as the evidence the ICC prosecutor relies on may be declared null and void.

She wants the ICC judges to allow time for the case in Kisii to be heard and determined before the implementation of the findings and recommendations of the Commission of Inquiry into post election violence.

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“If such a prayer is granted, it will have far-reaching ramifications on the Kenyan case before the ICC. It is on this basis that I pray the ICC to allow time before further implementation of the findings and recommendations of the CIVPEV report,” she said.

The scholar cites that the case has proceeded to full hearing and will be heard in due course.

ICC has summoned Deputy Prime Minister Uhuru Kenyatta, Head of Civil Service Francis Muthaura and former Police Commissioner Hussein Ali. Others are Eldoret North MP William Ruto, his Tinderet counterpart Henry Kosgey and Kass FM presenter Joshua arap Sang who are required at the court on April 7 and 8.

Ms Gesicho, a victim of post-election violence, is seeking to disband the Truth, Justice and Reconciliation Commission (TJRC).

She further wants the court to declare the Waki Report null and void.

The professor is also pleading for fresh inquiry into the violence, which followed the 2007 disputed presidential election results.

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