15-28 January 2015
Compiled by Pierre-Philippe Turnbull
- Kenya and the ICC
- Security Threats
1. Kenya and the ICC – a new threat to the Rome Statute
Privately Owned Media
Ruto’s case to feature at African Union forum (Daily Nation, independent Kenyan-based paper, January 25 2016)
- The post-election violence case against Deputy President William Ruto will once again feature prominently at the 26th African Union Summit
- President Uhuru Kenyatta will travel to Addis Ababa for the AU Summit which takes place on January 30 and 31.
- The AU at its last summit in South Africa directed the AU Commission to ensure that the AU is added as an amicus curiae (friend of the court) in on-going cases of African leaders at the ICC. As such, Kenya has received strong support from the AU in the past
Ruto defence optimistic as the prosecution feels disappointed (Daily Nation, independent Kenyan-based paper, January 17 2016)
- The defence team is optimistic.
- Jubilee member are confident this would be Mr Ruto’s last trip to the ICC since the initial appearances in April 2011.
- The prosecution was left with questions regarding the position of the judges which appeared to be close to that of the defence.
- The prosecution and the victims questioning the chamber’s impartiality while the defence was buoyant having put up a spirited argument for the termination of the cases against Deputy President
ICC Judges - Were Ruto and Sang Part of a Network? (Capital FM, independent Kenyan-based radio station, January 15 2016)
- The existence of a network to execute the attacks in the Rift Valley during the 2008 Post Election Violence dominated arguments on the motion of no-case-to-answer of Ruto and Sang.
- In the recent hearings, judges focused closely on this argument, refuted by the accused
Standard of Proof Dominates Final Day of "No Case to Answer" Hearings (Daily Nation, independent Kenyan-based paper, January 22 2016)
- There has been issues with regards to the standard of proof to use in Ruto and Sang’s case. Both sides seem unsatisfied.
- In their written submissions, the defence have argued that the standard of beyond reasonable doubt should be used when assessing the prosecution’s evidence and whether the defence should present their case
- The victim’s lawyer, on the other hand, pointed out that when Trial Chamber V(a) issued its June 2014 decision on principles and guidance on “no case to answer” motions, no one objected to the judges’ guidance that the threshold of proof they would be considering would be lower than beyond reasonable doubt.
State Owned Media
Case or no Case, ICC Judges to decide- KBC, State-Owned Radio Station, January 16 2015)
- Deputy President William Ruto and former radio journalist Joshua arap Sang’s fate now remains in the hands of the ICC judges.
- They have effectively submitted their no case to answer motions while the office of the prosecutor and the victims’ representatives has subsequently rebuffed any attempt to terminate the cases.
2. Security Threat
Privately Owned Media
United we will defeat Al Shabaab (Capital FM, independent Kenyan-based radio station, January 22 2016)
- Members of the opposition has called for unity to fight al-Shabaab.
- “At a moment like this we stand together as Kenyans. There is no government, there is no Opposition … we stand here as parents, husbands, wives and citizens of Kenya,” claimed opposition leader Raila Odinga
State Owned Media
KDF soldiers killed in Somalia al shabab attack- KBC, State-Owned Radio Station, January 15 2015)
- Several Kenya Defense Forces soldiers under the African Union have been killed after Al Shaabab militants attacked the Somalia National Army camp in a dawn raid at Elade in Somalia.
- KDF has increased its offensive in the region in recent days to counter al-Shabaab and to help the AU peacekeeping force in Somalia.