Uhuru, Ruto might be away for 12 months.The International Criminal Court is considering holding the trials of President Uhuru Kenyatta and his deputy William Ruto at the same time.
The ICC says “circumstances and developments” may see both cases held simultaneously especially in the course of next year. The two cases are expected to take one year to conclude.
Presently, the cases are listed as being conducted consecutively. If the cases are conducted simultaneously, it means that both President Kenyatta and Ruto may find themselves at the Hague at the same time for their trial.
Ruto’s trial and that of radio journalist Joshua Sang is set to start on September 10, which is exactly a month from today. Kenyatta’s trial is set to commence on November 12, which is three months from now.
The two are on record stating that ICC cases cannot impede their capacity to rule the country. During the campaigns ahead of the March 4 elections, both Kenyatta and Ruto repeatedly said that they could use technology and specifically Skype to discharge their duties and responsibilities to the country while at the Hague.
The ICC chief prosecutor Fatou Bensouda has appealed against the court’s decision exempting Ruto from attending some sessions of his trial at the Hague. Bensouda has maintained that all accused ought to be present all through the trial.
If the cases are conducted simultaneously and if both Uhuru and Ruto are expected to appear in person during all the court sessions, it might lead to both being out of the country for a year.
The court said the cost of conducting the trials simultaneously over a 12 month period would cost Sh1 billion —Sh546 million on field operations and Sh386 million in court spending when the trials start.
“On the information currently available, the budget is based on the assumption that court hearings in all trials covered by the present budget could run consecutively until the end of 2014. However, the need for parallel trial hearings could well arise in the course of the year as a result of case specific circumstances and developments in the Kenya,” the ICC budget committee has said in a report.
ICC has said that the Trial Division “will face two trials of unprecedented complexity in the Kenya situation.” The cases will however be heard in separate Chambers.
“Possible judicial developments make it likely that in 2014 provision will have to be made for parallel trial hearings to avoid substantial delays in particular cases,” the committee has added.
The report will be presented to the twelfth session of the Assembly of States Parties in The Hague to be held between November 20 and 28. It is the first time the Assembly of State parties is meeting at the Hague. The assembly in December 2010 resolved that this year’s session will be at the Hague. The State parties have already been reminded of the meeting venue.
President Kenyatta is expected to attend the session which is most likely will coincide with the hearing of his case. The President however has the option of delegating to any other government official to attend the session.
“Credentials of representatives, and the names of alternate representatives and advisers, should be submitted by 19 November 2013 to the Secretariat of the Assembly of States Parties, International Criminal Court,” the secretariat has said in its invite to the member states.
According to the budget committee, ICC has spent Sh3 billion so far on Kenya alone since 2011 when the Hague-based court took over cases related to the 2008 post election violence.
It has said €7,740,800 (Sh967.6 million) was spent in 2011 while €7, 412, 130 (Sh967 million) was spent in 2012 on the Kenyan cases. A further €6,913,200 (Sh864.1 million) is being spent in the course of 2013.
It has said €7,740,800 (Sh967.6 million) was spent in 2011 while €7, 412, 130 (Sh967 million) was spent in 2012 on the Kenyan cases. A further €6,913,200 (Sh864.1 million) is being spent in the course of 2013.
In its report to the assembly, the budget committee says that the continuation of resources comparable to those already requested in the Court’s 2013 proposed programme budget for the two Kenya cases will be essential.
– the-star.co.ke
