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ICC Closes Investigations into Kenya’s 2007/2008 Post-Election Violence
The International Criminal Court (ICC) has officially closed its investigations into the 2007-2008 post-election violence in Kenya. Deputy Prosecutor Nazhat Shameem Khan made the announcement on Monday, stating that the court will not pursue any further cases related to the alleged criminal responsibility of other individuals.
“After carefully evaluating all available information, I have concluded that the investigation phase in the Situation in Kenya is complete,” Khan declared. “This decision was reached after meticulous consideration of the specific facts and circumstances surrounding this situation. Consequently, our office will not be pursuing additional cases against any other individuals for alleged criminal offenses.”
Khan maintained that the case against Walter Barasa and Philip Kipkoech Bett, accused of witness retaliation under Article 70 of the Rome Statute on offences against the administration of justice, will remain active. Barasa and Bett were indicted alongside the late lawyer Paul Gicheru, whose case was terminated on October 14, 2022, following his demise.
Barasa and Bett remain at large, with warrants of arrest still in effect. “Our office remains vigilant and ready to act on any information related to witness retaliation,” Khan asserted. “In this regard, the cases against Barasa and Bett for offences against the administration of justice will continue to be pursued by the Court.”
Khan informed the relevant authorities in the Republic of Kenya of this decision and emphasized that the office will continue to engage with Kenyan authorities, civil society organizations, and relevant local actors to foster cooperation regarding the two pending cases.
Barasa and Bett are alleged to have offered bribes to prosecution witnesses in the collapsed trial of President William Ruto and former journalist Joshua arap Sang. The case against Ruto and Sang was dismissed on April 5, 2016, due to insufficient evidence, but the court refrained from acquitting him.
Gicheru faced similar charges of witness bribery at the ICC before his passing in September 2022, five years after an arrest warrant was issued against him. The ICC issued the arrest warrant on March 10, 2015, alongside one issued against Bett.
On November 3, 2020, Gicheru surrendered to the ICC after completing the necessary legal proceedings.
Court Halts Implementation of Universal Health Coverage Scheme
Just days after Health Cabinet Secretary Susan Nakhumicha announced the implementation of the Social Health Insurance Fund (SHIF), the High Court Monday, November 27 issued an injunction blocking the rollout of the scheme and two other healthcare-related laws.
The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) had filed a petition challenging the legality of the SHIF Act, the Primary Health Care Act, and the Digital Health Act. The union argued that the government had failed to adequately engage stakeholders in the development of the new healthcare system.
In particular, KMPDU took issue with Section 26(5) of the SHIF Act, which requires all Kenyans to register for the scheme and make contributions in order to access public services. The union argued that this provision would effectively disenfranchise many Kenyans who are unable to afford the contributions.
The High Court’s decision has thrown the implementation of Kenya’s Universal Health Coverage (UHC) plan into disarray. The UHC plan was a key campaign promise of President William Ruto, and it was scheduled to be rolled out in January 2024. However, the government has vowed to appeal the High Court’s decision, albeit it is unclear when the case will be heard.
Kenyan Student Among Three Killed in Shooting in Canada
A Kenyan student was among three people who were shot dead early Sunday morning in Winnipeg, Manitoba, Canada. The deceased, 29-year-old Melelek Leseri Lesikel, was studying biology at the University of Manitoba.
Lesikel was killed in cold blood in the shooting at Winnipeg’s West Broadway neighbourhood. Two other people, Crystal Shannon Beardy (34) and Stephanie Amanda Beardy (33), were also killed in the shooting. A fourth person, Dylan Maxwell Lavallee (41), was injured in the shooting.
Lesikel’s friend and former roommate, Nosherwan Khilji, said that Lesikel was a “really soft, nice person” during their time as students in Winnipeg in 2014.
“He was a really soft, nice person. He was very friendly and always had a smile on his face. He was always very polite,” said Khilji as quoted by the Winnipeg Free Press.
Khilji said that he spoke with Lesikel 10 months ago and that he had applied to become a permanent resident of Canada after completing a Bachelor of Science degree. Lesikel also told him that he previously worked at a local call centre, and was living on his own in an apartment in the Earl Grey neighbourhood.
Another friend of Lesikel, Pamela Obonde, who doubles up as the President of the Kenya Association of Manitoba, confirmed that the deceased was a member of the University of Manitoba Campus Liberals in 2017.
She also revealed that Lesikel had one brother in the United States and other family members in Kenya.
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