Muthui Mkenya Expected Rulling on Icc Kenyan Situation Against Uhuru Kenyatta I dont claim to be a pre-cog but something tells me that the 3 judge bench will not rule in favour of UK. Not because of the OTP reasons that UK is sitting on eveidence but rather because of the far reaching consequences that such a ruling will bring. Yes - the Judges may take into considerations the current status of the defendant but the feeling it that this will not be the main reason that the rulling will not be in UKs favour. Otherwise it will be difficult to answer this question: in the interest of rights of a defendants at ICC, how could the OTP charge the defendant, have the cases confirmed only yo turn around and claim that there is no evidence?. Such a rulling would and indeed will give amunition to those who regard the ICC as an imperialist court at the disposal of the strong nations for the oppresion of the weak nations. Which brings into question: What are these far reaching consequences? Its clear that the Kenyan situation was bungled from the begining and the ineptitude of the OTP didnt help the situation further. This can be illustrated further by the first case against WSR. The OTP (as alleged by the summoned witnesses) went as far as engaging in criminal activity in an attempt to get favourable evidence against the defendants. A rulling against the OTP from this point on will open up a pandoras box that will not only evetually kill the ICC but will also ensure that those that have been tried or at the moment being tried at the ICC will have to let go or be given a chance to retry their cases. Anyone facing the court right now or having been sentenced at the court can use the outcome to have their cases relooked a fresh! Another dimension: At the momment, Officers of the OTP including the cheif prosecutor could in theory manufacture evidence against an individual, mess up the careers and lifes of individauls and practically get away with! I could be wrong but thats what it seems! Who will compensate the wasted court time? Who will compensate a falsely accused person? What is the amount of truth in your lies?
Posted on: Wed, 22 Oct 2014 06:32:46 +0000
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