ICC-01/09

Pre-trial

Situation in the Republic of Kenya

ICC-01/09-01/11

Pre-trial

The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

William Samoei Ruto

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

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

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

Pre-trial

The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali

Francis Kirimi Muthaura

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)).

Uhuru Muigai Kenyatta

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)).

Mohammed Hussein Ali

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.