From: Judy Miriga
Folks,
ICC Hague rulling is make or brake, save or throw Kenya into a pit-bull quagmire of Civil destruction and collapse targeted by unscrupulous Corporate Special Interest.
Majority 99% of Kenyans want a fresh start from master-minders of corruption, impunity and graft…..without which Kenya, Africa and the world will never be the same again.
Quote …..”December 30, 2007, is a date which will live in infamy, as former American President Franklin D Roosevelt would put it. On this day, the results of the ill-fated presidential election pushed the nation to the fringes of hell. In the ensuing mayhem, 1,300 lives were lost, thousands of people displaced and maimed, and property worth billions of shillings destroyed. The rest is history. On Monday, the fate of top suspects of post-election violence will be determined. To confirm or not to confirm the full trial of Uhuru Kenyatta, William Ruto, Henry Kosgey, Hussein Ali, Francis Muthaura and Joshua arap Sang will depend on evidence adduced by International Criminal Court Chief Prosecutor Luis Moreno-Ocampo. ……. The victims of post-election violence deserve justice just like the prime suspects. It is the prospects of bungled prosecution that diminishes hopes that justice and the truth on post-election violence shall finally prevail.
If the ICC Hague ruling will be in favor of the Ocampo six, then majority’s lamentation is that this will have benefited the Special Interest who have deeply rooted interest in the illegally and unconstitutionally hijacking and owning Kenya’s Wealth and Resources selfishly and greedily, but which will have a catastrophic result thus eventually spilling over to affect people of the whole Global Region of the world, whose lives face serious economic survival collapse because of the same Special Interest jointly shared illegally and unconstitutional transfers of Global TaxPayers money through Ponzi Scheme and Hedge Funding under dubious “Free Trading Enterprising”……to benefit the unscrupulous Corporate network cartels.
People of the world must join together to stop these unscrupulous marauding Corporate Special Interests who formed Global cartel network by using Chinese and Indian Mission Agents to destroy lives for selfish and greedy gains.
The Special Interests are behind Kenyans losing out against the Ocampo six, and this is unacceptable…….Where is the Human Rights….???
The International Criminal Court says the “deportation or forcible transfer of population” is a crime against humanity. The ICC has indicated a verdict on whether its prosecutors have provided adequate evidence to link the suspects to the crimes, including forceful population displacements, murder and rape, is due anytime before January 23.
Wisdom is calling, shall we let the whole 99% perish under scum of the greed of 1% Corporate Selfish Self-Interest who illegally and unconstitutionally decide to block all avenue to allow fair balance for economic development progress for common mutual gain in a shared interest for good for human survival (United in Love under Peace) or shall Justice prevail to protect lives of disadvantaged from perishing in the hands of the unjust, or will Justice side with the corrupt, the wealthy and powerful and let them loose to destroy the world…..???
The National Reform Accord Agenda which carried the majority Kenyan voices, moved all our hopes to the International Legal Justice where we all expect fair an peaceful resolution, a beginning that which will provide hope for way-forward for Kenya including Greater Global Region of the world to move successfully with Economic Development in the right direction, and it is the reason we hope for the best outcome from ICC Hague on Monday……..
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
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Kenya: Uhuru Team Believes ICC Will Dismiss Charges
Nzau Musau
18 January 2012
JUST days before the ICC delivers its ruling on the charges facing the Ocampo Six, Deputy Prime Minister Uhuru Kenyatta and his legal team are convinced that the judges will exonerate him.
Uhuru’s confidence has been boosted by a legal opinion drafted by his lawyers based on their evaluation of a decision made by the ICC when it refused to confirm the case against Rwandan rebel leader Callixte Mbarushimana. The Rwandese had been accused of five counts of crime against humanity and eight counts of war crimes but the judges expressed disappointment with chief prosecutor Luis Moreno Ocampo’s weak legal reasoning.
Yesterday, an upbeat Uhuru said he will continue with his campaigns for the presidency independently of the ruling on the confirmation of charges due to be delivered next Monday. Speaking to journalists in Nairobi after he opened the public budget hearings, the Finance Minister seemed upbeat about his chances of acquittal. “My campaign is not built around the ICC,” Uhuru said in response to a question that his popularity could wane if he was acquitted by the ICC.
Uhuru is facing charges of crimes against humanity relating to post-election violence in Nakuru and Naivasha in January and February 2008. He is jointly charged with Public service chief Francis Muthaura and former police boss Gen Hussein Ali. Uhuru said he would be focusing on issues that unite the country in his campaign.
Nation
Post-election violence (file photo).
According to the opinion prepared by his lawyers, a copy of which was obtained by the Star, it analyses the “relevance and impact” of the Mbarushimana case against Uhuru’s case and says the standards set by the judges are too high to be met by the kind of evidence adduced against Uhuru by Ocampo. “This decision generally strengthens our submission by providing legal reasoning and standards that the prosecutor did not and will never attain in his quest for pressing charges against UK (Uhuru Kenyatta),” the opinion states. “This leaves us with more confidence ahead of the forthcoming decision in our case,” the opinion concludes.
Uhuru’s lawyers believe it is almost certain that the prosecutor will not be able to convince the judges of the existence of an organised policy by Uhuru and his co-suspects to commit crimes against humanity. Uhuru’s lawyers say that Ocampo’s witnesses failed to corroborate the existence of such a policy in the Mbarushimana case. “The lesson from this decision is that the threshold for proving the existence of an organizational policy is set much higher and the prosecutor is precluded from relying on hearsay, inconsistent and uncorroborated witness statements or circumstantial evidence as substantial grounds to believe that a policy exists,” the lawyers say in their opinion.
In the Rwandese case, the judges concluded that organizational policy could not be inferred but must be proved in a concrete sense and beyond mere records such as Mbarushimana’s rebel group stating they will target civilians. The lawyers point out that Ocampo used terms such as “include but not limited to” in his document which the judges condemned as “untenable and meaningless.” They say the judges were very clear that the material facts must be stated “to the greatest degree of specificity possible” and devoid of any suggestions of future additions and vagueness.
“This standard was completely failed in the Kenya situation. For example, a mere failure to distinguish Nairobi Safari Club and where it is located, from Nairobi Members Club. The confusion over location, time and events that UK attended etc. Similarly, another example of lack of material facts underlying the allegations are that UK participated in fundraising for Mungiki as the meetings cited were in fact meant for support to victims,” Uhuru’s lawyers argue.
And based on the Mbarushimana ruling, the lawyers assured Uhuru that the reports of Kenya National Commission on Human Rights, National Security and Intelligence Service and the testimony of the two witnesses called by Ocampo would not significantly affect the court’s decision. The judges in the Mbarushimana case ruled that information from reports, though admissible, had low probative value and was only helpful when corroborated by actual investigations conducted by the prosecution. They held similar views about hearsay evidence.
The Mbarushimana judges admonished Ocampo for not equally investigating both incriminating and exonerating evidence. The judges also chided the investigators for asking the witnesses leading questions. “This is an important part of the defence submission in the UK et al case. Now that the submission by our team on this element is strongly supported by the PTC (pre-trial chamber) interpretation of Article 54 (1) (a) of the statute and therefore binding, we shall make it a ground for appeal in case the PTC finds this in our favor,” the opinion reads. The opinion expressed happiness that one of the three Mbarushimana judges, Cuno Tarfusser, will also be sitting in judgment on the Uhuru case.
Earlier this month, the defence team representing Eldoret North MP William Ruto and radio journalist Joshua arap Sang said they were confident that the charges against their clients would be dismissed. Lawyers Katwa Kigen and Kimutai Bosek cited the Mbarushimana case decision as a reason why the judges will find their clients had no case to answer.
Raila, Uhuru differ over IDPs resettlement
Published on 12/03/2011
By Peter Mutai
Prime Minister Raila Odinga has blamed the Ministry of Finance for delay in releasing money for resettlement of the internally displaced.
He said the Ministry of Finance, which is headed by political rival Uhuru Kenyatta, had prioritised the resettlement of IDPs from one community, leaving out other landless Kenyans.
“I wonder why Mau settlers have been left out of the resettlement programme yet IDPs and other landless people from one community are being resettled,” said the PM.
The PM said if he had enough money for resettlement of landless people he would do it across the board to avoid discrimination.
But when he was sought for comment, Uhuru instead blamed the Prime Minister for evicting people from Mau Forest water tower, and the Ministry of Lands for not resettling all IDPs.
Shifting blame
“The PM should not forget he opposed the resettlement of the Mau people. It was President Kibaki who eventually acceded to their resettlement,” said Uhuru.
He said it is the Ministry of Lands headed by James Orengo that is responsible for the resettlement and asked the PM to let the Ministry of Finance do its business.
He said Raila should ask Orengo why his ministry was sitting on billions of shillings for resettling IDPs.
He, however, clarified that Sh1 billion had been budgeted for in the supplementary budget for the resettlement of Mau IDPs, which Parliament is yet to approve.
But Raila, who was speaking at Kapkatet in Kericho, said the evictees have continued to suffer in makeshift camps due to failure by the Treasury to release money meant for their resettlement as the Government promised.
He absolved Orengo from the blame that he was withholding money for the purchase of land to resettle the evictees.
“I want to set the record straight that money meant for the resettlement of Mau evictees is being held at the Treasury and those pointing accusing fingers at Orengo or the Ministry of Lands were looking for a scapegoat,’ he said.
Roads Minister Franklin Bett set the ball rolling when he hit at some politicians who he did not name for using the Mau issue to fight Raila.
“If the money has not been released from the Treasury we want to know why the money is being withheld and by whom and for what motive,” he added.
The minister said he would write to the Treasury formally to complain and to know if the money had been released.
Raila said the eviction of families from their farms in Mau Forest two years ago was a set up by his political enemies.
He claimed on Saturday in Kericho County that the plot was hatched to lock him out of the 2012 presidential race. Speaking during a funds drive in Kapkatet Trading Centre in Buret District, Raila wondered why some of his political rivals were criss-crossing the country misleading Kenyans that Raila spearheaded the eviction.
Playing politics with Mau
He said it was unfortunate that a clique of politicians was peddling falsehoods about him and yet the same leaders endorsed the eviction of the Mau families in the Cabinet. The same ministers also voted to ratify the decision in Parliament, citing reclamation of the water tower as a national priority.
Raila was the chief guest during the funds drive in aid of businessmen based at Kapkatet trading centre, who lost property worth millions of shillings during a fire.
The fire gutted down their business premises and residential houses three weeks ago. The funds drive raised Sh1.6million.
The PM was accompanied by Bett, Assistant Ministers Beatrice Kones (Home Affairs) and Magerer Langat (Energy), Sotik MP, Joyce Laboso, and Kipsigis Council of Elders chairman, Josiah Sang.
Others were former Sotik MP, Anthony Kimetto, Western Rift Regional Commissioner Bernard Leparmarai, chairman of Poverty Eradication Commission General (rtd) John Koech, and several councillors from Bomet and Kericho counties led by Litein Town Council chairman, Julius Tonui among others.
Raila arrived in a helicopter at Tengecha Boys High School at 10am, and toured the school to assess the damage caused by another fire incident two weeks.
The fire destroyed 11 classrooms and other school property worth Sh5 million.
The PM donated 565 corrugated iron sheets worth more than Sh1.5 millions for the reconstruction of the school.