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The Republic of Kenya
ICC-01/09-02/11
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Pre-trial
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The Prosecutor v. Francis Kirimi Muthaura and Uhuru Muigai Kenyatta
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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 |
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)).
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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 |
Charges Mr Kenyatta – together with Mr Muthaura – 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)).
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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. |
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