19-26 August 2015

1.      ICC

State-owned media

Ruto suffers blow after ICC judges allow use of evidence by five hostile witnesses (Daily Nation, August 20 2015)

• The decision means Ms Bensouda is free to use statements by witnesses who either recanted or withdrew from testifying.
• This ruling is a setback to the defence teams as they will not get a chance to cross-examine the witnesses.

Ruling on Kenya appeal at Hague court to clarify sanctions for states (Daily Nation, August 15 2015)

• Bensouda had asked Appeals Chamber to rule that Kenya had failed to co-operate.
• It will be the first time, if appeal is successful, that ICC refers a country to Assembly of State Parties.

ICC Appeals Chamber reverses decision on Kenya’s cooperation and remands issue to Trial Chamber for new determination (ICC News Release, August 19 2015)

• The Appeals Chamber of the International Criminal Court (ICC) reversed Trial Chamber V(B)'s decision regarding the Kenyan Government's alleged non-compliance with its obligations under the Rome Statute in the case The Prosecutor v. Uhuru Muigai Kenyatta, due to errors in the Trial Chamber's assessment.
• Judge Silvia Fernández de Gurmendi, Presiding Judge in this appeal, delivered a summary of the judgment in an open court session. She indicated that the Appeals Chamber considered that Trial Chamber V(B) erred by failing to address whether judicial measures had been exhausted to obtain the Kenyan Government's cooperation, as well as by assessing in an inconsistent manner the sufficiency of evidence and the Prosecutor's conduct.
• In that decision, the Chamber had declined to refer to the Assembly of States Parties the matter in relation to non-compliance of the Kenyan Government with its obligations under the Rome Statute in the case of The Prosecutor vs. Uhuru Muigai Kenyatta.

2. Al Shabaab

Villagers flee after Shabaab raid (Daily nation, August 17 2015)

• A village in Basuba Ward in Lamu County where about 100 Al-Shabaab terrorists preached and threatened residents on Saturday has been deserted.
• Some residents are afraid of returning to their farms because they could easily run into the terrorists, who are believed to be hiding in the vast Boni Forest.