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Articles by Tom Maliti
Donald Trump’s Moi Tendencies
In both his presidencies, especially in his second term in office, US President Donald John Trump has sought to project himself as a strong, tough leader. To him, this means he’s effective and is getting things done for Americans. To me, the strong, tough character he has displayed so far is more in the mould of a dictator. In fact, Trump is reminiscent of Kenya’s second president, Daniel arap Moi, who qualified to be called a dictator. Here’s how.
Nothing New From Both Ruto and the Opposition
President William Ruto has said his government will implement a more than two-year-old report that was meant to address the issues that sparked Maandamano in 2023. I agree with you if you are befuddled. I agree with you if you conclude that our politics is calcified.
The Complex Search for Suspected Rwandan Genocidaires - Debunk Media
The prosecutor of a United Nations tribunal has announced that his office has concluded its hunt for individuals who were suspected to bear the most responsibility for the 1994 Rwandan genocide. The Chief Prosecutor of the UN’s International Residual Mechanism for Criminal Tribunals (IRMCT), Serge Brammertz, said on May 15 he is winding up his office’s fugitive tracking team after it had tracked down the last two fugitives it was looking for.
The road ahead for the ICC in Burundi
This article is also available in French The announcement by the International Criminal Court that it has opened a preliminary examination into human rights abuses in Burundi could be the first step towards a formal investigation into the killings and disappearances in the central African country.
Has The President Jumped The Gun On Shakahola?
Has the government lost confidence in its investigation into the cult of Paul Mackenzie Nthenge even before it has concluded the exercise? How else does one explain President William Ruto appointing a commission of inquiry into Mackenzie’s cult on the same day the first phase of post-mortems was concluded? On May 5, Government Chief Pathologist Johansen Oduor told the media he and his team had concluded 112 post-mortem examinations that began on May 1.
Workers Of Kenya Unite… Or Not
As you watched the BBC Africa Eye documentary about the endemic sexual abuse of women casual labourers on the plantations Lipton Teas and Infusions and James Finlay owned in Kericho, you may have wondered where is the workers’ union in all of this? It is clear the companies failed to provide their women labourers with a safe work environment, but what was the Kenya Plantation and Agricultural Workers Union (KPAWU) doing about this failure?
The BBC’s ‘Sex for Work’: The Story Behind The Story
This was not the story BBC Africa Eye had set out to do. Tom Odula had pitched to the decision-makers at BBC Africa Eye a story about land in Kericho, how British companies came to own it and the lawsuit the Kericho County government had initiated in British courts. Odula got the go-ahead to do the story. As he and other members of the BBC Africa Eye team began reporting, people kept telling them about sexual abuse at the tea plantations in Kericho.
CBC, The Second Coming Of 844 And Other Short Stories
Why does it seem like we have been here before? Students being given homework to make things, do things, rather than just answer questions in a book. Parents scratching their heads trying to find time to do their day job and work with and supervise their children as they do their homework. Parents still scratching their heads trying to figure out how to further stretch the-already-stretched money they have to buy materials and do activities their children have been assigned as homework.
Kenya: Why Kenya Is Trying Now Its First Crimes Against Humanity Case
Nairobi — On Monday, nine out of 12 police suspects - including senior commanders - appeared at a Nairobi court, accused of murdering a baby, and other crimes, during a violent crackdown on post-election protests five years ago. Kenya's first crimes against humanity proceedings have begun, more than a decade after heated public debates to make it a reality.
Kenya: Pourquoi le Kenya juge sa première affaire de crimes contre l'humanité
Lundi, neuf des douze policiers accusés - dont des commandants supérieurs - ont comparu devant un tribunal de Nairobi, pour le meurtre d'un bébé et d'autres crimes, lors de la violente répression de manifestations postélectorales il y a cinq ans. Les premières procédures pour crimes contre l'humanité au Kenya viennent donc seulement de débuter.
TOM MALITI: Supreme Court’s guide to credible presidential election - Part 2
In Summary • In its 4-2 judgment of September 20, 2017, the Supreme Court emphasized that the IEBC should not focus on the result of a presidential election alone. • It said it also mattered how IEBC came to that result for an election to be considered credible. 17 April 2022 - 08:49 The Supreme Court did not rely solely on its findings about the 11,883 polling stations to overturn the August 8, 2017 presidential election. The court said there were several missteps the ...
MALITI: IEBC only needs to follow Supreme Court’s guide to deliver credible presidential election
PART 1 In preparation for the August 9 election, IEBC officials have been talking to legislators about a problem they face: How to transmit electronically presidential election results from 11,883 polling stations. The electoral commission officials say the problem is the stations are out of range of any 3G or higher speed network. As the law stands, a presiding officer is required to transmit the presidential election result of their polling station electronically.
MALITI: Why polls show Peter Kenneth as Raila's best pick for running mate
In Summary • Two separate opinion polls show support for Kenneth is so high that the second preferred choice of running mate for Raila trails him in double digits • This is quite a feat given Kenneth vied for Nairobi governor in 2017 as an independent candidate. 04 March 2022 - 05:10 Former Gatanga MP Peter Kenneth is steadily becoming the preferred running mate for ODM leader Raila Odinga, who is seeking the presidency for the fifth time. According to two separate ...
TOM MALITI: Why polls show Mudavadi as preferred Ruto's running mate
In Summary • In the Radio Africa Group poll, 33.9 per cent of the respondents chose Mudavadi as their preferred running mate for Ruto. • It put Mudavadi 14 percentage points above the second choice, Mathira MP Rigathi Gachagua, who polled at 19.6 per cent. 25 February 2022 - 15:38 Suddenly, ANC leader Wycliffe Mudavadi is a viable choice as running mate for Deputy President William Ruto, who is seeking the presidency in August. Yet, many of the Amani National Congress ...
The African Union and the ICC: One Rule for Kings, another for the Plebs
Even as the August 2022 general election approaches, the land question remains unanswered. And with the uncertainty as to who will win the presidency, which remains the centre of power despite devolution following the enactment of the 2010 Constitution, many Kenyans who migrated to the Rift Valley are anxious. Already, there are land invasions in parts of Laikipia, a county in the Rift Valley, targeting the farms of migrant communities and those of White settlers.
Dominic Ongwen: LRA Victim or Perpetrator?
Even as the August 2022 general election approaches, the land question remains unanswered. And with the uncertainty as to who will win the presidency, which remains the centre of power despite devolution following the enactment of the 2010 Constitution, many Kenyans who migrated to the Rift Valley are anxious. Already, there are land invasions in parts of Laikipia, a county in the Rift Valley, targeting the farms of migrant communities and those of White settlers.
Going Back to His Roots: Karim Asad Ahmad Khan Returns to the Hague
Politics 9 min read. Khan becoming the third ICC Prosecutor is Khan returning to his roots. But in an institution with a perceived anti-Africa bias, will he bring about the kind of changes expected of him over the next nine years? Published 1 min ago on June 25, 2021 What was it like when Karim Asad Ahmad Khan and Anton Steynberg met after Khan became the third prosecutor of the International Criminal Court (ICC) on Wednesday, June 16?
Uganda: The End of Ongwen's Trial, Closes for Now, Hope for Justice for Victims of Other LRA Atrocities
When Dominic Ongwen ended up at the International Criminal Court in January 2015, after emerging from hiding in the bush of the Central Africa Republic, the issue on many people's minds was whether it was fair to try a victim-turned-suspected perpetrator. As the case of Ongwen, a former commander in the Lord's Resistance Army (LRA), progressed to trial, other equally important issues shaped the arguments lawyers made in court and in written submissions, and made up the evidence they submitted.
ICC Convicts Ongwen of 61 War Crimes and Crimes Against Humanity
The International Criminal Court (ICC) has convicted Dominic Ongwen, a former commander of the Lord’s Resistance Army (LRA), for 61 out of the 70 counts of war crimes and crimes against humanity he had been charged with committing in northern Uganda more than 15 years ago. Trial Chamber IX on Thursday unanimously found Ongwen guilty beyond reasonable doubt of most of the crimes he had been charged with committing between July 1, 2002 and December 31, 2005.
Kenyan Court finds Government is Liable for Harm Suffered by Three Victims of Police Shootings
The High Court Judge Fred Ochieng has found that the Kenyan government is liable for failing to protect and address the concerns of three people who alleged they or a relative of theirs were victims of police shootings in the violence that wrecked Kenya after the December 2007 presidential election.
Kenya Cases
Last post: October 8th, 2020 at the International Criminal Court Subscribe to this trial Search this trial: About This Trial The post-election violence that occurred in Kenya in 2007 and 2008 has been subject to prosecution before the International Criminal Court and in litigation against Kenyan officials before domestic courts. Developments on several fronts are still ongoing after a decade with little to no accountability.
Kenya: How Kenya's Truth Commission Report Became a Political Ghost
Nairobi — In May 2013, Kenya's Truth, Justice and Reconciliation Commission issued its four volume, 2,210 pages report. An implementation committee was recommended to be set up by the Parliament. Instead, political leaders, in government as well as in opposition, have found it politically inconvenient to act on the report.
Uganda: Judges Decline to Conditionally Release Ongwen As He Awaits Judgment
Trial Chamber IX has declined to conditionally release Dominic Ongwen from the International Criminal Court (ICC) detention center while he awaits judgment. According to judges, Ongwen's lawyers did not prove that his circumstances had changed in order to justify releasing him.
Uganda: Prosecution Expert Describes Defense Psychiatric Reports On Ongwen's Mental Health As 'Sloppy'
A prosecution rebuttal witness described as "sloppy" reports two defense psychiatrists wrote in which they concluded that former Lord's Resistance Army (LRA) commander Dominic Ongwen had two mental health disorders during the time he is alleged to have committed atrocities in northern Uganda.
The Ongwen Defense: Evidence Presented So far
To date, 52 defense witnesses have testified over the course of 67 days of hearings during the International Criminal Court (ICC) trial of Dominic Ongwen, a former Lord’s Resistance Army commander. The defense has been presenting its case as to why Ongwen should be acquitted of all charges against him.
Uganda: Former Social Worker Testifies About a Reception Center for Former LRA Abductees
A former social worker described to the International Criminal Court (ICC) his work at a center that helped former child abductees of the Lord's Resistance Army (LRA) reintegrate with their community. Eric Awich Ochen also told the court on Thursday last week about research he had done on the difficulties women faced after they escaped the LRA.
Uganda: Presiding Judge Sets Date for Closing Statements in Ongwen Trial
The Presiding Judge in the trial of Dominic Ongwen has set March 10 of next year as the day when lawyers will start making their closing statements. Presiding Judge Bertram Schmitt said in an order he issued Wednesday last week that he set the date because it is "probable" all the evidence in the trial will have been submitted by December. Judge Schmitt gave lawyers until February 26 next year to file their closing briefs. He said he will give further details concerning the closing statements.
Uganda: Judges Reject Defense Motion to Dismiss Sexual and Gender-Based Crimes Against Ongwen
International Criminal Court (ICC) judges have rejected a motion Dominic Ongwen's legal team filed asking them to dismiss 11 counts of sexual and gender-based crimes Ongwen is alleged to have directly committed. In an October 8 unanimous decision, Trial Chamber IX rejected the defense motion because it was late.
Uganda: Former LRA Fighter Says He Did Not See Ongwen During Pajule Attack
By Tom Maliti A former Lord's Resistance Army (LRA) fighter who took part in the LRA attack on the Pajule camp for internally displaced people (IDP) 15 years ago told the International Criminal Court (ICC) he did not see Dominic Ongwen during the attack. Daniel Opio also told the court he was treated in the same mobile medical unit as Ongwen. He said that during the time Ongwen received treatment from the medical unit, he did not have command over his fighters.
Expert Witness Testifies about Possible Reasons Northern Uganda Conflict Lasted for 20 Years
An expert witness testified at the International Criminal Court (ICC) about research on the reasons why the conflict in northern Uganda between the Lord’s Resistance Army (LRA) and the Ugandan military went on for about 20 years. Adam Branch told the court on Monday, May 27, there was research that alleged corruption in the Ugandan military as one explanation for why the conflict lasted so long.
Uganda: Ongwen's Lawyers Want June Hearing Dates Changed - Victims' Lawyers Oppose Request
By Tom Maliti The defense of Dominic Ongwen, who is on trial at the International Criminal Court (ICC), have asked judges to change the schedule of hearings for June to accommodate Ongwen's mental health needs. Ongwen's lead lawyer, Krispus Ayena Odongo, said in a May 7 filing that he was making the request after the judges of Trial Chamber IX unexpectedly cancelled most of the hearings scheduled for May. The canceled hearings were scheduled to take place on May 2 - 3 and between May 6 - 10.
Sudan: ICC Appeals Chamber Judgment On Jordan - Court Unanimously Finds Jordan Failed in Its Obligation to Arrest Al-Bashir - Disagrees On Other Issues
By Tom Maliti In a unanimous judgement made on Monday the Appeals Chamber has found Jordan did not fulfill its obligations as a member of the International Criminal Court (ICC) when it did not arrest former Sudanese President Omar Hassan Ahmad al-Bashir when he was in the country in March 2017.
Appeals Chamber Takes a Different Approach in Relations Between the ICC and the African Union
Interest in next week’s Appeals Chamber decision on whether Jordan should have acted on the arrest warrants for former Sudanese President Omar Hassan Ahmad al-Bashir will be focused on how the chamber will interpret the issue of head of state immunity.
Uganda: Former LDU Member Tells Court Lukodi Was Poorly Protected Days Before LRA Attack
By Tom Maliti A witness described how the Lukodi camp for internally displaced people (IDP) was left poorly protected days before the Lord's Resistance Army (LRA) attacked the camp 15 years ago. Michael Okello Tookwaro told the International Criminal Court (ICC) on Tuesday that Uganda People's Defense Force (UPDF) soldiers deployed to Lukodi left without warning a week before the May 19, 2004 attack.
Uganda: Local Leader Says Ongwen Was Not Among LRA Commanders Active in Teso Region
By Tom Maliti A Ugandan member of parliament told the International Criminal Court (ICC) that former abductees of the Lord's Resistance Army (LRA) he spoke to did not name Dominic Ongwen as one of the LRA commanders active in the eastern Uganda region of Teso 15 years ago.
Police Shootings Petition Moves to Submissions Stage
Three witnesses told the Kenyan High Court about documenting some of the deaths that occurred during the violence that followed the 2007 presidential election and what happened to them or a relative during that violence. The three witnesses who testified on Tuesday were called by petitioners who have taken the government to court arguing it failed to protect them. The petitioners are 15 victims of police shootings, the Citizens Against Violence (CAVI), and the Independent Medico-Legal Unit (IMLU).
Ongwen’s Rank Was To Stop Him From Leaving, Says Witness
By Carol Natukunda, Tom Maliti Added 25th February 2019 06:52 AM Witness D-32 told the court that Ongwen, a former rebel commander of the Lord’s Resistance Army (LRA) joined the group at a young age and struggled to do the tasks at hand. Dominic Ongwen was given a top rank to dissuade him from leaving the rebel group in northern Uganda, a witness told the International Criminal Court (ICC).
ICC judges asked to dismiss 41 counts against Ongwen
ICC judges asked to dismiss 41 counts against Ongwen Saturday February 9 2019 Dominic Ongwen at the International Criminal Court on December 6, 2016. PHOTO | AFP In Summary Ugandan rebel leader faces 70 counts of crimes against humanity charges. The defence team leader said some counts Ongwen has been charged with are broad with many elements to them, but the decision confirming the charges does not specify which of those elements apply to him.
Uganda: Witness Testifies About His 2012 Radio Appeal to Ongwen to Leave the LRA
By Tom Maliti A former member of the high command of the Lord's Resistance Army (LRA) told the International Criminal Court (ICC) that in 2012 he used FM radio to appeal to Dominic Ongwen, who is on trial at the ICC, to leave the LRA. Francis Okot told the court he did this soon after he had left the LRA. He said he was not pressured to make the appeal to Ongwen. Okot said he made the appeal despite Ongwen holding a higher rank in the LRA than he did.
Witness Testifies About His 2012 Radio Appeal to Ongwen to Leave the LRA
A former member of the high command of the Lord’s Resistance Army (LRA) told the International Criminal Court (ICC) that in 2012 he used FM radio to appeal to Dominic Ongwen, who is on trial at the ICC, to leave the LRA. Francis Okot told the court he did this soon after he had left the LRA. He said he was not pressured to make the appeal to Ongwen. Okot said he made the appeal despite Ongwen holding a higher rank in the LRA than he did.
Uganda: Witness Says LRA Only Collected Food During Attack On Abok IDP Camp
By Tom Maliti A former fighter for the Lord's Resistance Army (LRA) told the International Criminal Court (ICC) that the group did not kill civilians or damage their homes when the LRA attacked the Abok camp for internally displaced (IDP) people 14 years ago. Kenneth Opiyo told the court on November 1 that the LRA only took food from the camp and an hour after they had retreated from Abok is when Ugandan army soldiers attacked them.
Uganda: Witness Tells ICC Ugandan Army Nearly Caught Kony in 2010
By Tom Maliti A former aide to Joseph Kony, leader of the Lord's Resistance Army (LRA), told the International Criminal Court (ICC) that about eight years ago the Ugandan army ambushed a unit Kony led in north-eastern Congo, but Kony evaded capture. Kenneth Oyet told the court the ambush happened sometime in 2010 when the unit Kony led was in a place called Doruma, which is close to the border with Sudan's then autonomous region of Southern Sudan.
Uganda: Former Bodyguard to Obote Testifies About Working With the LRA
By Tom Maliti A former bodyguard of former Ugandan President Milton Obote narrated to the International Criminal Court (ICC) how he ended up working with the Lord's Resistance Army (LRA) for four years, including working as a liaison with the government of Sudan and diplomats based in Khartoum, the capital of Sudan. Nathan Iron Emory told the court he was a member of a separate rebel group, the Uganda People's Army (UPA), when he worked with the LRA in what he said was an advisory role.
Uganda: Manoba and Cox - ICC System Poses Many Challenges for Victims' Lawyers
interview By Tom MalitiJoseph Akwenyu Manoba and Francisco Cox represent one group of victims in the International Criminal Court (ICC) trial of a former Lord's Resistance Army (LRA) commander, Dominic Ongwen. Manoba, an Ugandan, has practiced criminal law for more than 15 years. Cox, a Chilean, has been a criminal defense lawyer for more than 20 years.
Judges Remove Ongwen from Court for Disrupting Hearing
The chamber adjudicating the trial of Dominic Ongwen ordered he be removed from court after he disrupted proceedings on Monday, March 19. His trial was just resuming after a break of almost three weeks. The disruption happened during the afternoon session as Gillian Clare Mezey gave her opinion of Ongwen’s mental state based on extracts of testimony previous prosecution witnesses had given about their interaction with Ongwen when he was a commander of the Lord’s Resistance Army (LRA).
ICC erred in issuing arrest warrants for Gicheru and Bett over bribery - Kimaru
A Kenyan High Court judge has said a judge at the ICC erred in issuing an arrest warrant for two Kenyans wanted for offenses against the administration of justice. This decision was made in but only recently published online. Judge Luka Kimaru declined to issue an order to execute an ICC arrest warrant for Paul Gicheru, a lawyer, and Philip Bett, stating that the single judge of the ICC’s Pre-Trial Chamber II issued the warrant on “speculative” grounds.
Witness Names Senior LRA Commanders Who Planned and Organized Pajule Attack
A witness described to the International Criminal Court (ICC) some of the habits of the leader of the Lord’s Resistance Army (LRA), Joseph Kony, as well as his reasons for fighting a rebellion in northern Uganda. Witness P-138 told the court that Kony remained in Sudan while most of his senior officers and fighters were in Uganda, but that Kony never stayed in one place in Sudan.
Kony’s Men used Warm Water, Herbs to Treat Bullet Wounds
A former member of the Lord’s Resistance Army (LRA) described to the International Criminal Court (ICC) the Spartan mobile medical units the group used to take care of its sick, the wounded, and expectant mothers. Ray Apire told the court recently that he spent the 16 years he was with the LRA working in what the group called the sick bay. Apire said there were several such units in the LRA and that all of them fell under Control Altar, the group’s high command.
LRA WAR: Kony Had LRA Members Spy on Each Other
A former long-serving member of the Lord’s Resistance Army (LRA) told the International Criminal Court (ICC) the group’s leader, Joseph Kony, may have deployed two senior members to keep an eye on Dominic Ongwen so that he would not escape the LRA. Ray Apire made the observation late this past week, adding that something similar happened to him, as it did to senior LRA commanders. Apire said this while responding to questions that Thomas Obhof, one of Ongwen’s lawyers, asked him.
UNTOLD STORY: How LRA’s Kony Tricked, Killed his Deputy Vincent Otti
A former fighter with the Lord’s Resistance Army (LRA) told the International Criminal Court (ICC) that LRA leader Joseph Kony ordered a unit to kill his deputy, Vincent Otti. The testimony of Witness P-233 is the second time during the trial of Dominic Ongwen, a former LRA commander, that a witness has provided details about the killing of Otti, which took place at least nine years ago.
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