Kenyan Activists Face “Doom” As President Kenyatta Seeks To Expose ICC Witness Tampering Home » Politics » Kenyan Activists Face “Doom” As President Kenyatta Seeks To Expose ICC Witness Tampering ← Salaries Sheriff Sarah Serem Skating On Thin Ice Kenyan Activists Face “Doom” As President Kenyatta Seeks To Expose ICC Witness Tampering Tweet 5 A civil society activist has descended into a round of bloodletting and recrimination after a British lawyer representing President Uhuru Kenyatta at the International Criminal Court (ICC) filed a confidential suit in the High Court seeking to compel mobile phone providers, Safaricom and Airtel, to release documents that would reportedly expose him and other mandarins suspected of tampering with ICC witnesses, a hot potato matter, a game changer that would alter the whole prosecution landscape. Earlier in the day, Justice Isaac Lenaola ordered the press out of his court room before Steven Kay’s lawyers gave submissions in the watershed case expected to lift the cloak over dirty tricks the ICC office of the prosecutor and Kenyan civil society activists deployed as they prepared the crimes against humanity charges against Kenyatta and his deputy, William Ruto, for their alleged role in the 2007/08 post- elections violence that claimed more than 1,000 people. Should the court grant the request, the two companies would be compelled to hand over the data, whose scrutiny might expose harrowing violations of ICC rules in handling witnesses, a core gem deployed by the defense, further casting doubt in the integrity of the charges. Ndung’u Wainaina, Executive Director International Center for Policy and Conflict, one of the many activists who were pushing for the ICC cases, descended in a gut-twisting defence that fell short of implicating himself. The social media plunged into an acrimonious debate with rival camps trading blows. Meanwhile, in a statement, Kay said he filed a confidential suit to protect ICC victims and witnesses. But the civil society, who were reportedly paid to the case are scared. Below is the complete statement issued after the Lenaola certified the suit as confidential in line with the law. Press Release July 30, 2013 Constitutional Petition at High Court on ICC Criminal Proceedings: International Center for Policy and Conflict attention is drawn to two constitutional petitions filed at the High Court of Kenya against Safaricom and Airtel touching on the criminal proceedings at the International Criminal Court by one indictee Uhuru Kenyatta. We would like to make the following observations: International Criminal Court (ICC) indictees Uhuru Kenyatta and William Ruto continue pretending to take high moral ground despite having been put on trial for crimes against humanity by the judges at the ICC after rigorous, open and transparent judicial proceedings. The two indictees accused of gravest atrocities known to prick conscience of humanity have perfected the art of denying everything and putting the accuser (ICC) on trial. On several occasions the office of the prosecutor has accused some the indictees of attempts to interfere with witnesses. This latest petition could easily be construed to imply attempts at mining information touching on ICC. Further, they have belittled as well as dismissed the claims of the victims and ICC as shrill exaggerations and or lies. Curious though is the degree of propaganda and distortion of information the two indictees have deployed in their determination mission to discredit the Court and the victims. The latest machinations of the Mr. Uhuru Kenyatta against the ICC and fair process of administration of justice is reflected in the ‘secret’ constitutional petition filed by his lawyers in the High Court of Kenya. The ‘secret’ petition against publicly listed communication company Safaricom and another private company Airtel is unacceptable. In a democratic human rights society, court proceedings unless on extremely defined specifications in law are supposed to take place in open and rights of public participation upheld. Kenya situation cases before the ICC are of great importance to the public. As such Kenyan public is constitutionally entitled in accordance with Article 35 to be provided with the details of the constitutional petition and the proceedings thereof the petitions. The preliminary proceedings of the petition filed by Mr. Uhuru Kenyatta ought to have been conducted in public before the judge making decision to bar media and public. Further, under Article 50(8) of the Constitution clearly stipulates exclusion of press or other members of the public from any proceedings can only happen if it is necessary to protect witnesses or vulnerable persons, public morality public order or national security. From the foregoing, International Center for Policy and Conflict will take the appropriate legal action to challenge the proceedings and outcome of the petition filed by ICC indictee at High Court in order to protect public interest and victims’ rights to access information and participation in administration of justice. Signed Ndung’u Wainaina Executive Director International Center for Policy and Conflict Tweet 5 Posted in: Politics|July 30, 2013 10 Like Share 10 Like Share
Posted on: Tue, 30 Jul 2013 16:39:58 +0000
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