On 7 and 8 April 2011, the initial appearances of William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali took place before a Pre-Trial Chamber of the ICC. The summonses to appear were based on their alleged roles in the Kenyan post-election violence (PEV) of 2007-2008 . At the initial appearances, the Pre-Trial Chamber (PTC) provisionally scheduled the confirmation of charges hearing in the case against Ruto, Kosgey and Sang for 1 September 2011, and in the case against Muthaura, Kenyatta and Ali for the 21 September 2011.
Before the Confirmation of Charges hearing, the Prosecutor must file his Document Containing Charges, which are also served on the suspects. At the hearing the Prosecutor has to support the charges with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The suspects have the right to object to the charges, challenge the evidence presented by the Prosecutor and present evidence. Both Parties may present evidence. Under Article 67, in its Confirmation of Charges Decision, the PTC of the ICC, once it has determined if there is sufficient evidence to establish substantial grounds to believe that a person has committed the crimes charged, will either – 61(7)(a)confirm the charges ; 61(7)(b) decline to confirm the charges - or 61(7)(c) adjourn the hearing and request the prosecutor to consider (i) providing further evidence or conducting further investigation with respect to a particular charge; or (ii) amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.
Uhuru Kenyatta is represented by Steven Kay QC and Gillian Higgins of the ICLB.
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Photos courtesy of ICC.