Kenya


ICC-01/09

Pre-trial

Situation in the Republic of Kenya

Authorisation to open an investigation , 31.03.2010


ICC-01/09-01/11

Trial

The Prosecutor v. William Samoei Ruto and Joshua Arap Sang

William Samoei Ruto

William Samoei Ruto Former Minister of Higher Education, Science and technology of the Republic of Kenya
Summonses to appear issued: 8 March 2011
Initial appearance hearing: 7 April 2011
Confirmation of charges hearing: 1 to 8 September 2011
Decision on the confirmation of charges: 23 January 2012
Opening of the trial: scheduled on 28 May 2013

Charges

Mr Ruto is accused of being criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of:

  • murder (article 7(l)(a));
  • deportation or forcible transfer of population (article 7(l)(d)); and
  • persecution (article 7(l)(h)).

Joshua Arap Sang

Joshua Arap Sang Head of operations at Kass FM in Nairobi, the Republic of Kenya
Summonses to appear issued: 8 March 2011
Initial appearance hearing: 7 April 2011
Confirmation of charges hearing: 1 to 8 September 2011
Decision on the confirmation of charges: 23 January 2012
Opening of the trial: scheduled on 28 May 2013

Charges

Pre-Trial Chamber II found that there are no substantial grounds to believe that Mr Sang is an indirect co-perpetrator, because his contribution to the commission of the crimes was not essential. Instead, Mr Sang is accused of having otherwise contributed (within the meaning of article 25(3)(d) of the Rome Statute) to the commission of the following crimes against humanity:

  • murder (article 7(l)(a));
  • deportation or forcible transfer of population (article 7(l)(d)); and
  • persecution (article 7(l)(h)).

Henry Kiprono Kosgey

Henry Kiprono Kosgey Member of the Parliament and Chairman of the ODM
Summonses to appear issued: 8 March 2011
Initial appearance hearing: 7 April 2011
Confirmation of charges hearing: 1 to 8 September 2011
Decision on the confirmation of charges: 23 January 2012

Charges

Mr. Kosgey was suspected of being criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of:

  • murder (article 7(l)(a));
  • deportation or forcible transfer of population (article 7(l)(d)); and
  • persecution (article 7(l)(h)).

Pre-Trial Chamber II declined to confirm the charges against Mr. Kosgey.



ICC-01/09-02/11

Trial

The Prosecutor v. Uhuru Muigai Kenyatta

Uhuru Muigai Kenyatta

Uhuru Muigai Kenyatta Deputy Prime Minister and former Minister for Finance of the Republic of Kenya
Summonses to appear issued: 8 March 2011
Initial appearance hearing: 8 April 2011
Confirmation of charges hearing: 21 September to 5 October 2011
Decision on the confirmation of charges: 23 January 2012
Opening of the trial: scheduled on 9 July 2013

Charges

Mr Kenyatta is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of:

  • murder (article 7(l)(a));
  • deportation or forcible transfer (article 7(l)(d));
  • rape (article 7(l)(g));
  • persecution (articles 7(l)(h)); and
  • other inhumane acts (article 7(l)(k)).

Francis Kirimi Muthaura

Francis Kirimi Muthaura Former Head of the Public Service and Secretary to the Cabinet of the Republic of Kenya
Summonses to appear issued: 8 March 2011
Initial appearance hearing: 8 April 2011
Confirmation of charges hearing: 21 September to 5 October 2011
Decision on the confirmation of charges: 23 January 2012
Prosecutor notice to withdraw charges against Francis Kirimi Muthaura: 11 March 2013

Charges

Mr Muthaura – together with Mr Kenyatta – is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of:

  • murder (article 7(l)(a));
  • deportation or forcible transfer (article 7(l)(d));
  • rape (article 7(l)(g));
  • persecution (article 7(l)(h)); and
  • other inhumane acts (article 7(l)(k)).

Mohammed Hussein Ali

Mohammed Hussein Ali Currently holding the position of Chief Executive of the Postal Corporation of Kenya
Summons to appear: 8 March 2011
Initial appearance hearing: 8 April 2011
Confirmation of charges hearing: 21 September to 5 October 2011
Decision on the confirmation of charges: 23 January 2012

Charges

Pre-Trial Chamber II found that there are not reasonable grounds to believe that Mr Ali is an indirect co-perpetrator, because his contribution to the commission of the crimes was not essential. Instead, the Mr Ali allegedly otherwise contributed (within the meaning of article 25(3)(d) of the Rome Statute) to the commission of the following crimes against humanity:

  • murder (articles 7(l)(a));
  • deportation or forcible transfer (article 7(l)(d));
  • rape (article 7(l)(g));
  • persecution (article 7(l)(h)); and
  • other inhumane acts (articles 7(l)(k)).

Pre-Trial Chamber II declined to confirm the charges against Mr Ali.