ICC prosecutor OK with delay to trial of Kenyans

 Published Thursday, May 17 2012 at 00:00

The International Criminal Court's chief prosecutor said on Wednesday
he would not oppose a delay to the start of a trial of four prominent
Kenyans, including two leading presidential hopefuls, accused of
fuelling post-election violence in 2007.

The group, including former Finance Minister Uhuru Kenyatta and former
Higher Education Minister William Ruto, are charged with masterminding
the bloodshed that killed more than 1,200 people. All have said they
are innocent.

Prosecutor Luis Moreno-Ocampo told a news conference in New York that
the defendants had requested the delay until the ICC decided whether
to grant their appeal, which argues that the war crimes court has no
jurisdiction to prosecute them.

Moreno-Ocampo said that his office "did not oppose the right to
postpone the beginning of the trial until the appeal chamber solved
the claim presented by the defendants."

No specific date had been set for the trial.
 Kenyatta and Ruto, who are charged with directing mobs to commit
violence that sent Kenya to the brink of civil war, are both
challenging for the country's presidency in elections due by March
2013 - the first since the 2007 polls.

An ICC trial was the biggest threat for a repeat of unrest at the 2013
vote, Kenya's electoral head said last month. There is concern that,
if the men stand trial and are blocked from running for office, it may
trigger violence.

Past opinion polls have shown strong public support for the ICC cases
and many Kenyans feel their own judicial system lacks the will to
tackle a culture of impunity, where the powerful are often seen as
above the law.

"We take note in Kenya that many citizens are requesting that the
court proceed with the trial as soon as possible in order to define
the responsibility of the suspects before the elections which are
planned for March 13," Moreno-Ocampo said.

But he warned Kenyans that it was not the job of the ICC to determine
who could stand for election.
 "The court should not define who are the candidates in Kenya to the
next elections or who will win the next election," Moreno-Ocampo said.
"The Kenya political situation should be dealt with politically, by
political actors. They cannot expect the court to define the political
situation in Kenya."

The other men charged with Kenyatta and Ruto are radio presenter
Joshua arap Sang and the head of the civil service, Francis Muthaura.
 —Reuters

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