Tell UN Security Council to Defer Kenya's case in ICC
Tell UN Security Council to Defer Kenya's case in ICC
The Issue
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International Criminal Court (ICC) has issued summonses to six Kenyans to appear before pretrial judges in the Hague in relation to Post Election Violence that occurred in the country immediately after the contested 2007 elections where more than 1200 people were killed and several others displaced. There are 10 reasons why the cases should be stopped or differed and these are;
1. The ICC prosecutor did not do his own investigations but used investigations done by others which included a biased Kenya National Human Rights Commission (KNCHR) and Waki reports.
2. The ICC prosecutor might have been influenced by some civil society organizations which have political inclinations and which would like to influence Kenya's politics. There is a belief also that a Kenyan Judge in the ICC might have influenced the process.
4. The ICC prosecutor prematurely and prejudicially named the suspects publicly before giving them a chance to defend themselves against the accusations.
5. That the report handed over to ICC prosecutor and which he used in determining his case was heavily biased and mostly depended on rumors and tribal vendetta. Some of those named in the KNCHR and Waki reports have already been killed mysteriously including David Too, Kipkalya Kones, Lorna Laboso. The KNCHR and Waki and ICC have not investigated whether their killings have relationship to their report.
6. That the prosecutor failed to link the chaos to the Bungled elections but narrowed down his list to perceived competitors of one leading presidential aspirant with links to one Kenyan ICC Judge and some civil societies.
7. That some leading tribal based civil society organizations which are at the forefront in pushing the cases in ICC instead of local tribunal benefited financially in the chaos by receiving donor money and stocking violence and might be planning to use the same trick in the coming elections in 2012.
8. The prosecutor ignored the connection of calls by some of the Orange Democratic Movement (ODM) leaders for unspecified mass action with the secretary of the party vowing to make Kenya ungovernable unless Raila becomes the president at the height of violence.
9. That prosecuting the six at the Hague have a potential of sparking another round of violence. One community feels that they have been wrongly targeted by the KNCHR and Waki reports and by extension ICC with three of the six coming from the community which has been wrongly portrayed as aggressors in the violence yet the chaos happened in the whole country. The community lacks representation in the civil society that compiled the reports.
10. There is a general feeling in Kenya that the case against the six is politically driven and that the process is being engineered by forces keen in installing one presidential candidate and locking those seen as competitors through the ICC cases.

The Issue
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International Criminal Court (ICC) has issued summonses to six Kenyans to appear before pretrial judges in the Hague in relation to Post Election Violence that occurred in the country immediately after the contested 2007 elections where more than 1200 people were killed and several others displaced. There are 10 reasons why the cases should be stopped or differed and these are;
1. The ICC prosecutor did not do his own investigations but used investigations done by others which included a biased Kenya National Human Rights Commission (KNCHR) and Waki reports.
2. The ICC prosecutor might have been influenced by some civil society organizations which have political inclinations and which would like to influence Kenya's politics. There is a belief also that a Kenyan Judge in the ICC might have influenced the process.
4. The ICC prosecutor prematurely and prejudicially named the suspects publicly before giving them a chance to defend themselves against the accusations.
5. That the report handed over to ICC prosecutor and which he used in determining his case was heavily biased and mostly depended on rumors and tribal vendetta. Some of those named in the KNCHR and Waki reports have already been killed mysteriously including David Too, Kipkalya Kones, Lorna Laboso. The KNCHR and Waki and ICC have not investigated whether their killings have relationship to their report.
6. That the prosecutor failed to link the chaos to the Bungled elections but narrowed down his list to perceived competitors of one leading presidential aspirant with links to one Kenyan ICC Judge and some civil societies.
7. That some leading tribal based civil society organizations which are at the forefront in pushing the cases in ICC instead of local tribunal benefited financially in the chaos by receiving donor money and stocking violence and might be planning to use the same trick in the coming elections in 2012.
8. The prosecutor ignored the connection of calls by some of the Orange Democratic Movement (ODM) leaders for unspecified mass action with the secretary of the party vowing to make Kenya ungovernable unless Raila becomes the president at the height of violence.
9. That prosecuting the six at the Hague have a potential of sparking another round of violence. One community feels that they have been wrongly targeted by the KNCHR and Waki reports and by extension ICC with three of the six coming from the community which has been wrongly portrayed as aggressors in the violence yet the chaos happened in the whole country. The community lacks representation in the civil society that compiled the reports.
10. There is a general feeling in Kenya that the case against the six is politically driven and that the process is being engineered by forces keen in installing one presidential candidate and locking those seen as competitors through the ICC cases.

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Petition created on March 11, 2011