ICC affirms charges against 4 Kenyans

THE HAGUE, Netherlands, Jan. 23 (UPI) -- The International Criminal Court confirmed a variety of charges against four of six Kenyan officials, including crimes against humanity, the court said Monday.

The ICC prosecutor last year accused William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, Henry Kiprono Kosgey and Mohammed Hussein Ali of masterminding 2007-2008 post-election violence in which 1,500 people were killed.

The court confirmed the charges against all but Kosgey and Ali.

"I must explain that we are not passing judgment on the guilt or innocence of the individuals," Presiding Judge Ekaterina Trendafilova said in a summary released by the ICC in The Hague, Netherlands.

"The chamber is tasked by law only to evaluate the strength of the prosecutor's case at this pretrial stage -- that is to determine whether the prosecutor presented enough evidence before the chamber to confirm the charges.The standard required by the law, is that there are 'substantial grounds to believe' that the crimes charged were committed, and that the suspects were responsible for them."

In the case against Ruto, Kosgey and Sang, the prosecutor presented six counts charging them with crimes against humanity of murder, deportation or forcible transfer of population and persecution.

In the case against Muthaura, Kenyatta and Ali, the prosecutor's office presented 10 counts charging them with crimes against humanity of murder, deportation or forcible transfer of population, rape and other forms of sexual violence, other inhumane acts and persecution.

In the first case, the prosecutor met the evidentiary threshold concerning Ruto and Sang, but not Kosgey for crimes that "resulted in the death of hundreds, and the displacement of thousands of civilians from Turbo town, the greater Eldoret area, Kapsabet town and Nandi Hills," the presiding judge said.

Turning to the case against Muthaura, Kenyatta and Ali, the court found sufficient evidence to sustain the charges against Muthaura and Kenyatta, but not Ali in an attack between Jan. 24-28, 2008, against the residents of Nakuru and Naivasha believed to support the Orange Democratic Movement, the summary said.

"The Chamber also found that the attack resulted in a large number of killings, displacement of thousands of people, rape, severe physical injuries and mental suffering," Trendafilova said.

While Kosgey and Ali are no longer suspects, the court said the prosecutor may present additional evidence against them later.

Judge Hans-Peter Kaul dissented in both cases, saying the alleged actions were serious crimes under Kenyan law but weren't crimes against humanity as codified in the Rome Statute, Trendafilova said.