, NAIROBI, Kenya, Mar 9 – The International Criminal Court Pre- Trial Chamber II on Friday refused to grant four Kenyans permission to challenge the court’s decision that confirmed charges of crimes against humanity they are facing at The Hague court..
In their ruling, the judges led by Presiding Judge Ekaterina Trendafilova said the issues raised in the application for leave to appeal were mere disagreements with the court’s decision and not arguable points for appeal.
“It follows that the Defence’s argument with respect to the existence of an appealable issue arising out of the Confirmation of Charges Decision is constructed on a misconception and misreading of the Chamber’s decision. For this reason, the Chamber cannot accept the Defence’s argument that there is an “appealable issue” amounting from the Confirmation of Charges Decision,” they ruled.
“Consequently, the Chamber finds no need to address the remaining requirements under article 82(l)(d) of the Statute,” Judges Trendafilova and Cuno Tarfusser said.
Judge Hans- Peter Kaul did not participate in the decision since he had dissented during the confirmation of charges decision.
The two judges countered all the arguments raised by all the four parties and said the matters raised were not appeallable and ordered the case file be taken to the presidency for initiation of a full trial.
The Ocampo four are now left with only one chance to stop trial; their appeal challenging ICC jurisdiction currently pending before the Appeals Chamber.
In the meantime the court has ordered the Registrar of the court to remove the name of Henry Kiprono Kosgey from the case name for all subsequent filings.
The court has issued similar orders in the second case where it; “orders the Registrar to remove the name of Mohammed Hussein Ali from the case name for all subsequent filings.”
In January this year the Pre-Trial Chamber confirmed charges of crimes against humanity against four Kenyans who include Deputy Prime Minister Uhuru Kenyatta, former Head of Civil Service Francis Muthaura, Eldoret North MP William Ruto and Radio Presenter Joshua arap Sang. However Kosgey and Hussein Ali were let off the hook.
During the 2007/2008 post election violence more than 1,300 Kenyans were killed and over 600,000 others were uprooted from their homes.