23 Jan 2012

Kenyan ministers to face trial for crimes against humanity

Two Kenyan presidential hopefuls are facing mounting pressure to quit after judges at the International Criminal Court ruled they would stand trial for crimes against humanity.

Deputy Prime Minister Uhuru Kenyatta, and former education minister William Ruto both said they still intend to run for elections in Kenya expected to take place in 14 months time despite facing trial for allegedly orchestrating a widespread campaign of murder, forced removals, rape and persecution.

But analysts told Channel 4 News the practicalities of going on trial will make it difficult for them to fight on.

Hours after Monday’s ruling, human rights activists also said the men were forbidden from running for election under Kenyan constitutional law, and that they would mount legal challenges should the candidates refuse to quit.

Mr Kenyatta, who is also finance minister, and Mr Ruto, were charged with crimes against humanity alongside top civil servant Francis Muthaura and radio presenter Joshua arap Sang for their part in weeks of ethnic violence which killed more than 1,200 and displaced 600,000 after a disputed election in 2007.

These crimes resulted in the death of hundreds, and the displacement of thousands of civilians. International Criminal Court

Mr Kenyatta faces trial alongside Muthaura for allegations that he directed a militia to murder, forcibly deport and rape in Nakuru and Naivasha in January 2008.

In a separate case, Mr Ruto and Mr Sang are accused of murder, deportation and persecution in the Rift Valley between 30 December, 2008, and the end of January, 2009.

Judge Ekatarina Trendfilova told the court: “These crimes resulted in the death of hundreds, and the displacement of thousands of civilians…as part of an attack directed against particular groups, namely Kiyuku, Kamba and Kisii, due to their perceived political affiliation.”

Chief prosecutor Luis Moreno-Ocampo’s decision to bring two separate cases indicates the ethnic divisions behind the post election violence.

But moments after the judges’ ruling was handed down, Mr Ruto convened a press conference in Nairobi, saying: “This is to confirm I am firmly in the race. Let us meet at the ballot.”

Anticipating that he would face trial, Mr Kenyatta also indicated at the weekend that he would still run.

Legal challenge

Kamau Mgugi, co-ordinator of the National Coalition of Human Rights Defenders, Kenya, told Channel 4 News: “At this point, they are claiming they are suspects and have not been found guilty, so no one can question their right to stand. But there is provision within the law that if a candidate is charged with an offence of a crime against humanity, it will be contested in a court of law. Human rights organisations will definitely go to court to contest should they try and run.”

The overall feeling is that the decision, for victims and suspects, is quite fair. Kamau Mgugi

While the news that four men will stand in the dock has been greeted with relief in Kenya, Mr Mgugi said there was some disappointment that two men – former police chief, Mohammed Hussein Ali, and ex-industrialisation minister, Henry Kosegey – would not be indicted due to lack of evidence.

He also said the ICC’s ruling that the men would only remain free in Kenya on condition that they do not incite violence or hate speeches gave cause for hope that the run-up to the trials will not see a rise in political violence.

“That is a statement to all people which gives hope that anyone who wants to engage in violence will now be likely to be held to account,” he said. “The overall feeling is that the decision, for victims and suspects, is quite fair.”

Kenyatta, a supporter of President Mwai Kibaki, is the son of Kenya’s founding president, and has been listed by Forbes as being the country’s richest citizen, with a personal fortune estimated at £321 million.

Prior to the judges’ ruling, he expected that he would be President Kibaki’s heir apparent. He and the others are expected to face trial at The Hague later this year.

Reparations

If they are found guilty, victims will also have the right to request reparations.

Patrick Mair, and analyst at Control Risks, said their presidential bids were all but finished.

“While they would dearly love to fight on, the sheer practicalities of facing trial may make it impossible to run, not to speak of the major question marks over their integrity in the eyes of the electorate and their political backers,” he said.