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Kenya: Senior ICC prosecutor drops probe into 2007 post-election violence

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A senior official of the International Criminal Court (ICC), Nazhat Shameen Khan has announced an end to all further investigations into crimes committed in Kenya relating to violence that erupted following elections in 2007.

The ICC Deputy Chief Prosecutor said the 13-year legal saga, which involved senior Kenyan politicians, had been dropped

“I have reached this decision after considering the specific facts and circumstances of this situation,” she said in a statement.

“Accordingly, the Office will not pursue additional cases into the alleged criminal responsibility of other persons.”

Prosecutors claim that during the nation’s post-election violence in 2010, some 600,000 people were left homeless, and 1,300 people killed in a case in which suspects included former and current Kenyan presidents, Uhuru Kenyatta and President William Ruto. The Hague-based tribunal began looking into the incident in 2010. Six suspects were initially charged with crimes against humanity, which included deportation and murder.

However, in 2014, former chief prosecutor Fatou Bensouda dropped the charges against Kenyatta, and in 2016, the prosecution’s case against Ruto was also dropped due to insufficient evidence. The lack of evidence caused the case against all six to fall apart.

Prosecutors opened a new investigation into witness intimidation and bribery after Bensouda claimed that an unrelenting campaign of intimidation against victims and witnesses prevented a trial.

Decades after the “third wave of democratisation,” widespread violence still occurs in sub-Saharan Africa after elections. Nigeria, Ivory Coast, and Zimbabwe, among others, have had their share of election conflicts.

Kenya is still not free from election disturbances, as levels of violence also played out during and after the 2022 elections.

Politics

Mass protest in Tunisia for release of political prisoners, fair elections

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Hundreds of demonstrators gathered in Tunisia’s capital on Sunday to demand the release of imprisoned journalists, activists, and opposition members, as well as the date for fair presidential elections.

Local and international human rights groups have criticised the decline in civic freedoms in Tunisia since President Saied’s reign began. Local and international human rights groups have criticised the decline in civic freedoms in Tunisia since President Saied’s reign began.

Hundreds of demonstrators gathered in Tunisia’s capital on Sunday to demand the release of imprisoned journalists, activists, and opposition members, as well as the date for fair presidential elections. The demonstration comes amid an economic and political crisis, as well as a wave of arrests of journalists, attorneys, activists, and opponents.

Tunisian police invaded the Deanship of Lawyers building on Saturday, arresting Sonia Dahmani, a lawyer known for her harsh criticism of President Kais Saied. Two more journalists were arrested on the same day.

The opposition claims that the political atmosphere is unsuitable for holding elections, citing press restrictions and the detention of key opponents and activists. They appealed on Sunday for a clean political climate in preparation for a vote that would end the press and political constraints.

“Today there is no climate for fair elections and there is no date… the authorities are repressing politicians, lawyers and journalists,” said Imed Khemiri, a senior official in the Ennahda party, a member of the Salvation Front, which is organizing the protest.

“The storming of the lawyers’ headquarters yesterday is a dangerous precedent that perpetuates the authoritarian regime,” he added.

One of the most notable candidates, Abir Moussa, has been imprisoned for months, and Mondher Zanaidi announced his candidacy for a prospective election from France, despite fears that he would be detained if he returned to Tunisia.

Saied, without clarifying who he was referring to, accused possible candidates of being traitors seeking refuge abroad.

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Civil society organizations sue Nigerian’s central bank over new cybersecurity levy

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The Socio-Economic Rights and Accountability Project, a non-profit organization, BudgIT, and 136 concerned Nigerians have sued the Central Bank of Nigeria “over its failure” to rescind the recently announced controversial cybersecurity levy.

In what was described as an “unlawful circular,” the plaintiffs in the suit number FHC/L/CS/822/2024 filed last Friday at the Federal High Court, Lagos State,  asked the court to determine “whether the CBN circular dated 6th May 2024, directing financial institutions to deduct from customers’ accounts a cybersecurity levy is unlawful and therefore ultra vires the CBN.”

SERAP’s Deputy Director, Kolawole Oluwadare, revealed the lawsuit in a statement on Sunday following the apex bank’s circular last Monday, ordering all commercial, merchant, non-interest, and payment service banks in the country to charge a cybersecurity levy on transactions.

“The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy.” the circular stated.

The announcement of the levy has been greeted with widespread condemnation, leading to President Bola Tinubu asking the CBN to suspend the implementation of the controversial cybersecurity levy policy and order a review; however, the plaintiffs asked the court to determine whether the apex bank’s directive “is not in breach of sections 14(2), 44(1), and 162(1) of the Nigerian Constitution 1999 [as amended], and thus unconstitutional, null, and void.”

They insisted that the “CBN, its office, agents, privies, assigns, or any other persons acting on its instructions from enforcing the circular dated 6th May 2024, pending the hearing and determination of the motion on notice filed contemporaneously in this suit,” be restrained.

The plaintiffs’ lawyer, Ebun-Olu Adegboruwa, SAN, filed the complaint, which stated, in part, that “the CBN circular is unlawful and an outright violation of the provisions of the Nigerian Constitution and the country’s international obligations.”

“Unless the reliefs sought are granted, the CBN will enforce its circular directing banks to deduct from customers’ accounts a cybersecurity levy. Millions of Nigerians with active bank accounts would suffer irreparable damage from the unlawful deduction of cybersecurity levies from their accounts.

“The provisions of the Cybercrimes Act on payment of cybersecurity levy strictly apply only to businesses listed in the Second Schedule to the Act. These provisions do not refer bank customers, contrary to the CBN circular to all banks and other financial institutions.”

Meanwhile, Nigeria’s Vice President, Kashim Shettima, on Saturday allayed fears of citizens over the tax reforms being implemented by the current administration, stressing that the tax reforms are targeted at revitalizing the country’s economy and not to frustrate and impoverish Nigerians.

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