Tuesday Miscellany .....

ICC Matters

Kenya lost the challenge to admissibility of the Ocampo Six case.  The ruling can be found here.  The Attorney General has indicated that the ruling will be appealed.   One of lessons you learn in litigation is good appeal is grounded on well presented facts.  Reading with the ruling, it is clear that Government assertions on ongoing investigations were rather threadbare and without foundation.  In one of the interesting observation the court noted, "As to annex 1, it includes a letter signed by the Attorney General of the Republic of Kenya and addressed to the Kenyan Commissioner of Police directing the latter to "investigate all other persons against whom there may be allegation of participation  in the Post-Elections Violence, including the six persons who are the subject of the proceedings currently before the International Criminal Court (ICC)". The letter also instructs the Kenyan Commissioner of Police to "prepare and submit [...] bimonthly reports on progress made with these investigations."  This letter is dated 14 April 2011 that is, two weeks after the Government of Kenya lodged its admissibility challenge. Thus, it is clear from this letter that by the time the Government of Kenya filed the Application asserting that it was investigating the  case before the Court, there were in fact no ongoing investigations."   I am not sure an appeal will change the facts presented.  In fact, it is surprising that the defence lawyers did not support the Government's application.

Ombudsman Opinion

The Ombudsman issued an opinion on the nomination by the Judicial Service Commission of the Chief Justice and Deputy Chief Justice.  The opinion is an answer to the issues raised by the statement issued by Kenya Christian Professionals  rejecting the nomination of Dr Mutunga and Ms Barasa by the JSC.