RSS

The ICC Decision To Appoint A Judge From Uganda To Preside Over the Kenya Government Appeal Is A Mistake

08 Jun

According to the story appearing now on the The Standard Online, the ICC has appointed a judge from Uganda to preside over the appeal lodged by the Kenya Government on the question of admissibility of Ocampo’s case against the Ocampo Six.

The decision is inappropriate and wrong.

While I support the ICC process against the Ocampo Six and am confident all of its judges are competent and quite capable of rendering sound judgment as any other, including this judge from Uganda, this decision is nonetheless bone headed because Uganda is too close to home they might as well have appointed a Kenyan judge to do the job; why not, the prejudices and suspicions from either side of the issue for impartiality or lack thereof would be there no matter the outcome of the ruling.

ICC should rethink and appoint someone from even other neighbors like Tanzania or Ethiopia, which have not been mentioned together with the disputed election results of 07 and the post-election violence that followed, as Uganda has.

I can see the government filing an appeal just on this basis alone, if the ruling goes against it, therefore further delaying the proceedings.

Somebody at the Hague surely must have thought about this before the decision was made.

Conversely, they probably did but do not mind the inevitable appeal and delay should the government lose.

I just can’t believe either one, especially given there are so many other judges they could have appointed from any of the many nations represented at the ICC.

Peace, Love and Unity

Samuel N. Omwenga, Esq.

Advertisements
 
3 Comments

Posted by on June 8, 2011 in Law, Politics

 

Tags: , , ,

3 responses to “The ICC Decision To Appoint A Judge From Uganda To Preside Over the Kenya Government Appeal Is A Mistake

  1. jonolan

    June 8, 2011 at 6:43 PM

    You’re assuming that this is anything but a “kangaroo court” and the the court’s ruling is somehow in doubt. The history of such tribunals gives no clear basis for this being the case.

     
  2. Samuel N. Omwenga, Esq.

    June 8, 2011 at 7:15 PM

    Actually I am not making the case this is a Kangaroo Court and made that clear in my post; please re-read it. What I am saying is, either side can appeal an unfavorable decision on the basis the Uganda judge is impartial, given the nature and complex relationship between the two countries and their leaders, especially at the top–whether or not the judge is, in fact, impartial.

    My point is, the whole issue could just be avoided by appointing a judge from any of the other countries. It’s not like we have a shortage of them.

    In fact, the more I think about this I am more convinced this was a deliberate decision for reasons I can speculate but not now.

     
  3. jonolan

    June 9, 2011 at 12:13 PM

    I was not stating that you were making the case this is a Kangaroo Court. Quite the contrary, I was stating that you were ignoring the probability that it was such a bit of theater and that, hence, the makeup of the court was unimportant since the verdict and results of appeal were already determined.

     

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: