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Daily Nation : January 29th 2014
DAILY NATION Wednesday January 29, 2014 ICC TRIAL | Defence denies claim and shows Raila footage Ruto ‘asked State to free chaos suspects’ Deputy President and ODM leaders called for release of perpetrators, witness tells court BY JEREMIAH KIPLANG’AT @jere_kiplangat firstname.lastname@example.org D eputy President William Ruto was yesterday accused of pushing for the release of suspects arrested for participating in the 2007 post-election violence. A prosecution witness at the International Criminal Court said Mr Ruto (right) called for the release of the ODM youths, and businessman Jackson Kibor, from jail. The suspects had been arrested during the violence and were set to be tried for their role. The witness said Mr Ruto and other senior ODM politicians pressed the government to release the suspects. However, Mr Ruto’s lawyer, Mr Karim Khan, denied the claim. 2 ness were in agreement that Mr Ruto was not in the video clip. But the witness said Mr Ruto addressed other meetings where he called for the release of Mr Kibor. “Ruto called for the re- Witnesses expected to testify before the court breaks on January 31 The defence showed the witness a television clip showing ODM leader Raila Odinga demanding the release of Mr Kibor from a Nakuru jail. Although the witness watched the footage in private, Mr Khan posed questions to him in public. Mr Khan read to the court a script from the video indicating that Mr Odinga said Mr Kibor should be released after being detained for 10 days without being taken to court. The lawyer and the wit- lease of Mr Kibor and youths arrested during the post-election violence,” he said. The witness, who confessed spending two months in jail for theft last Friday, finished giving his evidence allowing the prosecution to cross-examine him. Yesterday’s proceedings were characterised by lengthy private sessions as the witness and defence sought time to explore details. Witness P0356 has testified for almost one-and-half weeks. The prosecution hoped to use him to show judges that Mr Ruto planned the violence that rocked North Rift after the announcement of the disputed presidential election results. Two witnesses are expected to give evidence before the court breaks on January 31. The sessions will then resume on February 17. www.nation.co.ke/witness FOR A VIDEO OF THE ICC PROCEEDINGS, GO TO: National News 3 EDUCATION | School gets classrooms Five judges to rule on Barasa’s ICC petition BY NATION REPORTER Chief Justice Willy Mutunga is set to constitute a bench of five judges to determine whether Kenya should continue cooperating with the ICC. This follows a decision by Mr Justice Isaac Lenaola to refer the petition by journalist Walter Barasa to the CJ for consideration and formation of the bench. Mr Barasa dragged in President Kenyatta, Deputy President William Ruto and journalist Joshua arap Sang in his latest fight against a warrant of arrest issued by the ICC, arguing that his bid to stop the arrest had raised substantial question of law on the country’s sovereignty which requires the intervention of the judges. Mr Barasa is wanted at the ICC to face charges of interfering with witnesses in the crimes against humanity trials of Mr Ruto and Mr Sang. BONIFACE MWANGI | NATION Standard Three pupils of Lenguruma Primary School in Isiolo County carry a desk to one of their new classrooms yesterday. The pupils have been learning under trees. Headteacher Peter Lemasulani said enrolment had risen following the construction of the classrooms and introduction of free feeding programme. Doctors summoned over elections chaos rape suit BY NATION REPORTER Three doctors have been summoned to testify on the nature and extent of sexual violence during the 2008 post-election chaos. Mr Justice Isaac Lenaola allowed the request by eight victims of sexual violence and summoned Dr Elizabeth Nikisa and Dr Triza Njore of Kenyatta National Hospital as well as the medical superintendent of Mbagathi District Hospital. The eight victims and four lobby groups have sued the government seeking compensation for women who were attacked and raped in the violence that followed the 2007 disputed elections. Coalition on Violence Against Women, the Independent MedicoLegal Unit, the International Commission of Jurists and Physicians for Human Rights claim the women suffered at the hands of both civilians and the police. “The government failed to train and prepare the police to protect civilians from sexual violence and in its aftermath, the police refused to document and investigate claims of sexual violence leading to obstruction of justice,” said the petitioners. The Inspector-General of Police however wants the petition dismissed, arguing that the attacks were not targeting women and children only and that the police protected all civilians. “Police are not omniscient and cannot be held liable for all crimes committed,” argued Mr Kimaiyo through lawyer Dawson Gatwanjeru. The matter will be heard on March 25. Interested parties He listed President Kenyatta, Mr Ruto and Mr Sang as interested parties in the new application asking the CJ to constitute a five-judge bench to determine whether Kenya should continue cooperating with ICC. “The substantial issues relate to Kenya’s sovereignty, validity of the warrant of arrest issued against Mr Barasa and the validity of the trials against Mr Kenyatta, Mr Ruto and Mr Sang at The Hague on account of the fact that the Rome Statute was not applicable in Kenya when the post-election violence occurred,” said Mr Kibe Mungai, his lawyer. Mr Mungai argued that the Rome Statute came into force in Kenya on January 1, 2009, when the International Crimes Act came into operation. Mr Justice Richard Mwongo will rule on the application to stop Mr Barasa’s arrest on January 31.
January 28th 2014
January 30th 2014