KENYA: News of ICC's decision to reject an appeal by four politicians accused of perpetrating post-election violence in 2008 brings mixed reactions in the streets of Nairobi

Record ID: 362201

  • Title: KENYA: News of ICC's decision to reject an appeal by four politicians accused of perpetrating post-election violence in 2008 brings mixed reactions in the streets of Nairobi
  • Date: 11th March 2012
  • Summary: NEWSPAPERS AND MAGAZINES NEWAFRICAN MAGAZINE READING (English): "ICC VS AFRICA: SCALES OF INJUSTICE" MORE NEWSPAPERS
  • Embargoed: 26th March 2012 13:00
  • Keywords:
  • Location: Kenya, Kenya
  • Country: Kenya
  • Topics: Crime,International Relations,Politics
  • Reuters ID: LVA307RUR4LG0QXO77FHDFJO23CQ
  • Story Text: News of the ICC rejection of appeals from Kenya's former finance minister and three others to have charges against them dropped relating to violence following the country's 2007 election, spread fast on Saturday (March 10) and was widely reported in the local press.
    The case against the four men, who include Uhuru Kenyatta, a presidential hopeful and son of Kenya's founding president, has shaken the biggest economy in east Africa and may affect the outcome of upcoming elections.
    Before the charges, the country's political elite were widely seen as almost above the law.
    The ICC accused former finance minister Kenyatta of ordering a militia to murder and rape in an orgy of violence that left at least 1,220 people dead after a disputed 2007 election. He denies the charges.
    In January, the court ordered the four men - Kenyatta, former minister William Ruto, Kenyan radio presenter Joshua arap Sang and the head of Kenya's civil service Francis Muthaura - to stand trial for instigating the post-election violence.
    The four, who all deny the charges, appealed against the indictment.
    Judges Ekaterina Trendafilova and Cuno Tarfusser rejected the appeals on Friday (March 9) in a majority decision, deciding to put them all on trial for crimes against humanity. Judge Hans-Peter Kaul dissented.
    Kenyatta and Ruto have forged a close political alliance ahead of presidential elections which are due to be held by March 2013 at the latest.
    Both say they have ambitions to replace President Mwai Kibaki who is barred by law from seeking a third term.
    It is not clear which of the two would actually put their name on the ballot paper, but close allies of the two say Kenyatta is likely to be the alliance's flag-bearer. They both still enjoy wide support among Kenyans.
    In the streets of Nairobi one supporter of the presidential hopefuls raised concern the rejection would affect the elections results.
    "We learned a lot from the 2008 post-election (violence) so we might not necessarily go that direction but I think, to us, Kenyans, it is a great defeat . A lot (of people thought) maybe they (ICC) could consider the appeal so that they have their rights and justice done to them," said David Wabugu, an IT engineer.
    The ICC charges are controversial as many Kenyans would rather see local courts decide on the case. Others believe that true accountability can only be achieved if the trials are held abroad, away from political pressures.
    "I think it's good because we need to be shown accountability. We need to be shown that every action has a reaction so people need to know that if this happens again people have to be held accountable for this. So I think it's a good thing," said Joy Kuma, a Nairobi university student.
    The judges ordered their decision to be forwarded to the ICC Presidency so that a Trial Chamber could be formed. That chamber is expected to be set up by May 9 and will then set a timetable for the trials.
    There was no immediate reaction to the loss of the appeal from the four suspects.
    Kenya's political violence deeply affected the country. It shattered its image of an island of stability and democracy on the African continent.
    It also negatively influenced the economy, and in particular the tourist industry, on which Kenya's economy greatly depends. The confidence of investors and visitors was adversely affected and, despite latest signs of good recovery, it will take time before all wounds heal.
    Nevertheless, many Kenyans say they would like to forget the past and move on. They believe the restoration of the economy and other pressing issues, such as the latest strikes of 25,000 health workers, are more important than retribution or justice seeking.
    "My opinion along all this has been that we should not dwell on the past. I think we should forget what has happened and move on. Because this thing is bogging us down and we cannot move forward. Because every time we think of how to move forward the issue of ICC comes up again," said said Joseph Wangui, a tour operator in one of Nairobi's many safari companies.
    Kenyans insist they have learn they lessons from the past and violence is no longer an option. With the new constitution in place they now want their politicians to focus on combating corruption and poverty.
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