ICC Weekly Update #184
2 to 6 September 2013
Situation in Kenya
On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor’s request to open an investigation proprio motu in the situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March 2011 in two separate cases, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearings in the two cases took place from 1 to 9 September 2011, and 21 September to 5 October 2011, respectively. On 23 January 2012, the judges confirmed the charges only against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn. The trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang is scheduled to start on 10 September 2013 and the trial in the case The Prosecutor v. Uhuru Muigai Kenyatta is scheduled to start on 12 November 2013.
Ruto and Sang Case Ruto and Sang case: Pre-Trial Chamber II grants leave to appeal the decision rejecting the amendment of the charges On 6 September 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) granted the Prosecutor leave to appeal the decision rejecting the amendment of the temporal scope of the charges against William Samoei Ruto and Joshua Arap Sang. The charges were confirmed on 23 January 2012 by Pre-Trial Chamber II and the two accused were committed to trial. The Prosecutor thereafter requested, on 22 July 2013, permission from Pre-Trial Chamber II to amend the charges against the accused by broadening the temporal scope of those charges in relation to crimes allegedly committed in the greater Eldoret area on 30 and 31 December 2007. On 16 August 2013, Pre-Trial Chamber II rejected the request for amendment due to, inter alia, the Prosecutor’s failure to submit the amendment request in time, the prejudice caused to the Defence at this advanced stage of the proceedings, and the impact of the requested amendment on the fairness and expeditiousness of the overall proceedings. The Prosecutor sought the Pre-Trial Chamber’s leave to appeal this decision. Today’s ruling permits the Prosecutor to put before the Appeals Chamber the issue whether Pre-Trial Chamber II abused its discretion in rejecting the Prosecutor’s amendment request. Pre-Trial Chamber II acceded to the Prosecutor’s request by considering that the decision of 16 August 2013 may have an impact on the outcome of the trial. Trial Chamber V(a) set the commencement of the trial for 10 September 2013. Today’s decision does not address the further course and schedule of the proceedings which remains under the authority of the Trial Chamber. A Questions and Answers document on the opening of the trial is available here. For further information on the trial, click here.
Opening of Ruto and Sang trial, 10 September 2013: Practical information for the media The opening of the trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang is scheduled to take place on Tuesday, 10 September 2013, at 09:30 (The Hague local time), before Trial Chamber V(a) of the International Criminal Court (ICC). The hearings will be held from 10 September to 4 October and from 14 October to 1 November 2013, in the presence of the accused. A schedule for further hearings will be established in due course by Trial Chamber V(a), which is composed of Judges Chile Eboe-Osuji, Presiding, Olga Herrera Carbuccia and Robert Fremr. Mr Ruto and Mr Sang are accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in Kenya in the context of the 2007-2008 post-election violence. Webstreaming of the hearings The hearings will be held in open session unless ordered otherwise. The proceedings can be followed with a 30-minute delay on the ICC website at: