Resources
Thursday, August 18, 2022
  • Login
Journalists for Justice
No Result
View All Result

Browse by Topic:

  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
  • Virtual Exhibition
No Result
View All Result
Journalists for Justice
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
  • Virtual Exhibition
No Result
View All Result
Journalists for Justice
No Result
View All Result
Home SGBV kenya

ICC rejects victims’ request to review decision to cease active investigation in Kenyatta case

Journalists for JusticebyJournalists for Justice
November 6, 2015
in ICC Cases, The ICC
Reading Time: 2 mins read
A A
0
Share on FacebookShare on Twitter

Appeals judges at the International Criminal Court have rejected victim’s request to review its Prosecutor’s decision to ‘cease active investigation’ of the Uhuru Kenyatta case.

The Judges in their decision said, “There are currently no judicial proceedings before the court with respect to the alleged crimes against humanity committed in Nakuru and Naivasha, there exists no reason  or information available to the chamber to conclude that an investigation into these alleged crimes have been closed preventing the bringing of any further prosecution.”

The judges further noted that, “It is also recalled in this regard, that in principle the cases against Muthaura, Kenyatta and Ali could be brought back again by the Prosecutor, as no judgement of acquittal was issued with respect to any of the three individuals. Likewise, the prosecutor may also bring any other case against any other individual believed to be criminally responsible for the crimes in Nakuru and Naivasha or the other alleged crimes descried in the Victim’s request.”

Victims in the case had requested the ICC to deny the Prosecution’s application not to review it.

The Victims had also urged the court to invite the Prosecution to submit, within a reasonable time, a response to the entirety of their request.

RelatedStories

Pre-trial chamber ordered to explain rejection of Mokom counsel

Review of the ICC – A good start but still a bumpy ride ahead

Failed promises: No lessons learnt as still no journalists from situation countries at ICC trials

However, the Prosecution also requested the Chamber to dismiss the Request in limine and if, should the Chamber reject her motion, it should set a timetable for the Prosecution to respond to the allegations in the request on the merits.

The following are the grounds she lays:

(i) the LRV has no standing to make the Request; (ii) the Prosecution has not decided “not to proceed” for the purpose of article 53(2) of the Rome Statute (“Statute”); and (iii) even if, arguendo, the Prosecution had so decided, the Pre-Trial Chamber II (“Chamber”) has no power under article 53(3)(b), or under article 54(1) read together with articles 21(1)(b)-(c), 21(3) and 68, to review that decision.

Uhuru was accused of the crimes against humanity during the 2007-2008 post-poll violence of murder, deportation, rape, persecution and other inhumane acts, but the case proceedings were terminated after the prosecution’s notice to withdraw the charges.

Previous Post

Khan: Postpone Ruto trial hearing if he is not not allowed to attend Pope Francis

Next Post

Tired of Waiting, Darfur Victims Withdraw from ICC Case Against Bashir

Journalists for Justice

Journalists for Justice

Related Posts

On March 22, 2022, Maxine Jeoffroy Eli Mokom Gawaka appeared before Pre-Trial Chamber II of the International Criminal Court (ICC). Photo Credit: @ICC-CPI

Pre-trial chamber ordered to explain rejection of Mokom counsel

August 9, 2022
Assembly of States Parties (ASP).

Review of the ICC – A good start but still a bumpy ride ahead

July 29, 2022
Photo Credit: International Criminal Court

Failed promises: No lessons learnt as still no journalists from situation countries at ICC trials

July 18, 2022
The judges of the International Criminal Court in 2018.

20 years of gender justice at the ICC – a call for optimism and persistence

July 8, 2022
The International Criminal Court marks its 20th anniversary on July 1, 2022. Photo credit: @ICC-CPI

20 years of the ICC: The hopes, the disappointments, the future

July 1, 2022
Kenyan lawyer Paul Gicheru's lead counsel Michael Karnavas giving his closing statements on June 27, 2022, at the International Criminal Court. Photo credit: @ICC-CPI

Judge to decide Gicheru’s fate after parties conclude case

June 28, 2022
Next Post

Tired of Waiting, Darfur Victims Withdraw from ICC Case Against Bashir

0 0 votes
Article Rating
Subscribe
Login
Notify of
Please login to comment
0 Comments
Inline Feedbacks
View all comments
No Result
View All Result

Recent Posts

  • Fewer cases of violence and human rights abuses reported in Kenya’s election
  • ICC shadow looms large over Kenya’s 2022 elections
  • Pre-trial chamber ordered to explain rejection of Mokom counsel
  • A peek into history as Kenya remembers brave mothers and freedom fighters
  • Review of the ICC – A good start but still a bumpy ride ahead

Recent Comments

  • Victims fund project raises questions among CSOs in Kenya on Hope at last for Kenyan victims, but is TFV’s planned support enough?
  • JFJ - Journalists for Justice on Victims fund project raises questions among CSOs in Kenya
  • JFJ - Journalists for Justice on How we’ll work with Kenyan victims: TFV explains assistance programme
  • JFJ - Journalists for Justice on Hope at last for Kenyan victims, but is TFV’s planned support enough?
  • EL INFIERNO REINA EN EL PARAÍSO DE UGANDA | IBI World España on Why Uganda is not happy to pay less in dispute with DRC

Archives

Categories

JFJ – Journalists for Justice

We call out impunity wherever it occurs; we advocate justice for all victims of atrocity crimes; and we work with people of goodwill everywhere who share our values.

Browse by Topics:

Archives by Month:

Never Again
INTAHE
BarometreVerite
The Victims' Bantaba
No Result
View All Result
  • Confronting Impunity
  • Communities of Justice
  • Opinion
  • About US
  • Our Work
  • Login

Copyright © 2019. Journalists for Justice has asserted its right to be recognized as creators and owners of the content here. Reproduction in part or in whole is permitted on condition that JFJ is acknowledged and notified.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
wpDiscuz