Kenya protests as victims'lawyers in Kenyan post election violence case, Morris Anyah and Fergal Gaynor, are nominated for ICC prosecutor's job

Lawyers who wanted Uhuru, Ruto jailed in the Hague nominated for ICC prosecutor's job

Tony Mukere

July 16, 2020 3:13 PM

Kenyan govt has protested that the nominations were rigged

Kenya protests as victims'lawyers in Kenyan post election violence case, Morris Anyah and Fergal Gaynor, are nominated for ICC prosecutor's job

Two lawyers who represented victims of the Kenya 2007 post election violence have been nominated to replace Fatou Bensouda as ICC prosecutor.

Fergal Gaynor and Morris Anyah are among four candidates who have been shortlisted after 144 lawyers applied for the powerful position.

Gaynor was counsel for the victims in Prosecutor v. Uhuru Kenyatta case filed at the Hague while Anyah represented victims in William Ruto's case.

The two led a spirited fight to have Kenyatta and Ruto found guilty for charges that includes genocide, mass displacement of people, and mass rap.

Gaynor went further to accuse President Kenyatta of distracting the ICC court as its prosecutor sought to get evidence from the Kenyan authorities.

"Despite the Government’s non-compliance with the Trial Chamber’s directions of 31 March 2014 and 29 July 2014, the charges against Mr Kenyatta have been withdrawn and the article 87(7) request has been rejected. 17 That Mr Kenyatta and his government have been richly rewarded for non-compliance is, from the victims’ perspective, shocking," Gaynor said while protesting ICC Prosecutor Fatou Bensouda's decision to withdraw charges against Kenyatta.

The Kenyan government has now opposed the nomination criteria saying the process was deliberately rigged to ensure a certain candidate got the position.

Former State House Comptroller Lawrence Lenayapa, who now serves as Kenya's Ambassador to the Netherlands protested that those nominated for the top job did not have the requisite experience.

"Kenya anticipated that the Committee would present a shortlist of qualified candidates with an equal chance of being elected. The current shortlist does not meet this expectation and appears skewed in favour of a particular candidate."

"At a time when the Court is faced with many difficulties, We need to work together to elect a candidate who will strengthen and build confidence in the Office of the Prosecutor. Kenya therefore rejects the shortlist contained in the Report of the Committee for a re-consideration," Lenayapa's protest letter read in part.

Tony Mukere