DiDUKUNG

Wednesday, October 8, 2014

Video : Uhuru Kenyatta ICC Status Conference 08 Oct 2014

The status conference was held on 8th October 2014. Kenya's President Uhuru Kenyatta was in attendance after obeying summons by the court.

See the videos for the conference held on both the 7th and 8th October 2014.






Attorney General Githu Muigai's Submissions on October 7th 2014




Uhuru Kenyatta ICC Status Conference - 08 Oct 2014



The following a summary of the case progression thus far as posted on the ICC website.

Accused of five counts of crimes against humanity in the context of the 2007-2008 post-election violence in Kenya.

Summons to appear: 8 March 2011
Initial appearance hearing: 8 April 2011
Confirmation of charges hearing: 21 September - 5 October 2011
Decision on the confirmation of charges: 23 January 2012
Opening of the trial: vacated

Charges

Mr Kenyatta is accused of being criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanity of:

  • murder (article 7(l)(a)); 
  • deportation or forcible transfer of population (article 7(l)(d)); 
  • rape (article 7(l)(g)); 
  • persecution (article 7(l)(h)); and 
  • other inhumane acts (article 7(l)(k)).


Key judicial developments

OPENING OF THE INVESTIGATION
On 5 November 2009, the ICC Prosecutor notified the President of the Court of his intention to submit a request for the authorisation to start an investigation into the situation in Kenya pursuant to article 15(3) of the Rome Statute, about the 2007-2008 post-election violence in Kenya in which around 1,300 people were allegedly killed.

On 6 November 2009, the Presidency of the Court assigned the situation to Pre-Trial Chamber II, composed of Judge Ekaterina Trendafilova (presiding judge), Judge Hans-Peter Kaul and Judge Cuno Tarfusser.

On 31 March 2010, Pre-Trial Chamber II granted, by majority, the Prosecution’s request to open an investigation into alleged crimes against humanity in Kenya. The investigation covers crimes against humanity committed between 1 June 2002 (the date of the Rome Statute’s entry into force for Kenya) and 26 November 2009 (the date the Prosecutor filed the request for authorisation to start an
investigation).

SUMMONSES TO APPEAR
On 15 December 2010, the ICC Prosecutor requested Pre-Trial Chamber II of the ICC to issue summonses to appear for six Kenyans on the basis that there existed reasonable grounds to believe that they were criminally responsible for crimes against humanity.

On 8 March 2011, Pre-Trial Chamber II, by majority, issued the decisions on the applications submitted by the Prosecutor and summoned Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali to appear before the Court.

On 31 March 2011, the Government of Kenya filed an application challenging the admissibility of the case before the ICC. On 30 May 2011, Pre-Trial Chamber II rejected this application. Pre-Trial Chamber II’s decision was confirmed, on 30 August 2011, by the Appeals Chamber.

At the initial appearance hearing, which took place on 8 April 2011, the Chamber scheduled the confirmation of charges hearing in this  case for 21 September 2011.

CONFIRMATION OF CHARGES AND COMMITTAL TO TRIAL
The confirmation of charges hearing was held from 21 September to 5 October 2011. On 23 January 2011, the Judges declined to confirm the charges against Mr Ali. Pre-Trial Chamber II confirmed the charges against Mr Muthaura and Mr Kenyatta and committed them to trial before an ICC Trial Chamber.

On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn.

On 23 January 2014, Trial Chamber V(b) vacated the trial commencement date of 5 February 2014 in the case of The Prosecutor v. Uhuru Muigai Kenyatta.

On 19 September 2014, Trial Chamber V(b) vacated the trial commencement date in the case The Prosecutor v. Uhuru Muigai Kenyatta, which had been provisionally scheduled for 7 October 2014.

The Chamber also convened two public status conferences for 7 and 8 October 2014 to discuss the status of cooperation between the Prosecution and the Kenyan Government and issues raised in the
Prosecution's Notice of 5 September 2014, respectively The defendant is not in the custody of the Court.

PARTICIPATION OF VICTIMS
725 victims are participating in proceedings in the Kenyatta case and are represented by Fergal Gaynor.

Composition of Trial Chamber V (b)

Judge Kuniko Ozaki (Presiding)
Judge Robert Fremr
Judge Geoffrey A. Henderson

The Office of the Prosecutor

Fatou Bensouda, Prosecutor
James Stewart, Deputy Prosecutor
Benjamin Gumpert

Defence Counsel for Uhuru Muigai Kenyatta 

Steven Kay QC
Gillian Higgins

Legal Representative of the Victims

Fergal Gaynor

Thursday, October 2, 2014

How to Send a Fax in Kenya Using Your Android Phone

When was the last time you sent a facsimile? Fax machines in Kenya are quickly becoming ancient relics in the modern office setup. But, several countries still use fax machines to send and receive legal documents because email and other electronic messages are not yet legally recognized.
If you find yourself needing to send a fax, do not fret if there isn't a fax machine in sight. You can actually send a fax from your computer or even better, right from your Android phone.

How Faxing Works

To give a very basic explanation, sending a fax involves transmitting a scanned document over the telephone system. The receiver's fax machine picks up the incoming transmission and prints out the document.
Thus, in order to send a fax using your Android phone, you would need:

1. A practical way to take a scan using a mobile phone
2. A good Android scanning app
3. An Android app to fax the scanned document through the telephone system.

Cardboard Document Scanner

If you have ever tried to take a close-up picture, then you know it isn't the easiest thing to do. More often than not, you will find that your angle was off by a few degrees or the image is slightly blurred in some areas due to unsteady hands.

A cardboard scanner solves all these issues with the added bonus of doing away with the bulkiness of conventional scanners and technical set up issues. It is a portable stand that allows you to place your smartphone at an optimal distance from the document in order to capture a scan. The original concept can be traced back to the Scanbox, a highly successful Kickstarter project.

You can build your own rudimentary cardboard scanner using A3 size white card and some scissors. The idea is to end up with a platform that can support the weight of your smartphone with a small hole where your phone's camera will be positioned. Total height of the platform should be about 12 inches or 30 centimeters.

Image credit: Scanbox

Alternatively, a child's chair has just about the right dimensions for a cardboard scanner. The seat is normally about 30 centimeters from the ground so all you would need to do is use a sharp knife to create a small hole to position your droid's camera.

Android Scanning Applications

There are a good number of free scanning apps in the Google Play Store. Some of the best applications offer free versions but scans are rendered with a watermark. For example, Camscanner is one of the best Android scanning apps. It requires Android 2.3 or higher, has a highly intuitive and easy to follow user interface as well as a host of features. The premium version does not watermark scans but will set you back $4.99 monthly.

Another app you may want to try out is Scan Master. It is fairly new, free and performs almost as well as Camscanner. It requires Android 2.2 or higher. We also recommend PDF Document Scanner, Genius Scan and Quick PDF Scanner in the Google Play Store.

Now, Let's Send a Fax

Now, that you have your scanned document ready, all you need is an application to send the fax. But first, a fair warning, there are currently no reliable free apps. The best fax applications will cost you a couple of bucks though a few offer a limited free service.

FilesAnywhere

FilesAnywhere offers cloud storage solutions in addition to fax services. Once you have scanned your document, you can subscribe to one of their plans and begin sending faxes. The cheapest plan is the Personal Plan that costs $4.99 per month. This plan offers 20GB cloud storage for your documents and you can send up to ten faxes to any fax number worldwide.  With the superior plans you can send 500 faxes per month.

MobileFax

MobileFax offers some of the cheapest rates. The best part is that there are two free faxes and an international fax number for you to try out the service. Prices start at $3 for 30 pages and this is valid for six months. The price per page is the same worldwide.

FaxFile

FaxFile uses a credits system which means that you will have to purchase credits through the Google Play Store in order to send a fax. The cost of credits starts at $2.49 for 50 credits with one page currently costing ten credits. FaxFile has no setup or monthly subscription fees.

Final Word

One final thing, always confirm that the receiving number is functioning. Before sending a fax, dial the number and listen for a dial tone. This will ensure that your fax actually gets delivered. Failure to do so may also lead to erroneous charges for faxes that didn't go through.

Have you ever sent a fax using your Android phone? How did you go about it? Please share your experience with us in the comments section below.