AMSTERDAM, Sept 19 (Reuters) - The International Criminal Court (ICC) holds hearings on Wednesday to determine whether to try two Kenyan politicians and the country's former police chief for crimes against humanity in Kenya's post-election violence in 2007-08.
Two other senior Kenyan politicians and a radio presenter appeared at the ICC early this month for confirmation of charges hearings.
The confirmation hearings are a legal formality, but in the case of the "Kenya Six", they are being closely watched because of the potential political impact, with two of the men -- William Samoei Ruto and Uhuru Muigai Kenyatta -- expected to run for president next year.
WHO HAS BEEN CHARGED?
In the second set of hearings, Cabinet Secretary Francis Kirimi Muthaura, Finance Minister Uhuru Muigai Kenyatta and former police chief Mohammed Hussein Ali are accused of crimes against humanity, including murder, forcible transfer, rape and persecution.
The first case is against former Higher Education Minister William Samoei Ruto, former Industrialisation Minister Henry Kiprono Kosgey, and radio presenter Joshua Arap Sang -- all accused of crimes against humanity, including murder, forcible transfer and persecution.
WHAT IS THE PURPOSE OF THE HEARING?
A confirmation of charges hearing is held to determine whether there is sufficient evidence for an accused to stand trial. At that hearing, the prosecutor is required to support each charge with sufficient evidence to establish substantial grounds for believing the person committed the crime.
The accused may object to the charges, challenge the evidence and present his or her own evidence.
It is not a trial and the standard of evidence needed to have the charges confirmed is lower than that required during the trial for an accused to be convicted. A ruling ordering an accused to stand trial does not mean he or she is guilty.
Within 60 days of the end of the hearing, starting from the date that any possible written submissions are filed after the oral hearing, the court must decide whether to drop the charges, request the prosecutor submit more evidence, or order the suspect to stand trial.
WILL THE SUSPECTS APPEAR IN COURT?
It is not compulsory for an accused person to attend a confirmation of charges hearing but, according to Kenyan media reports, all three accused planned to attend the hearings.
The suspects have not yet been formally detained, but the court can still issue arrest warrants if they are ordered to stand trial and this is considered necessary to ensure their appearance in court.
THE TRIAL
If the court orders the accused to stand trial, a date will be set and the accused must be present during the trial.
DIDN'T KENYA CHALLENGE THE ICC PROCEEDINGS?
The Kenyan government asked ICC judges to declare both cases inadmissible under Article 19 of the Rome Statute, the court's founding treaty.
Nairobi argued that the adoption of the country's new constitution and other reforms have paved the way for Kenya to conduct its own prosecutions related to the post-election violence and that it was investigating the killings.
ICC appeals judges rejected the request to stop proceedings on Aug. 30, saying the Kenyan government had failed to show it was conducting its own investigation of the six suspects. (Reporting by Aaron Gray-Block; Editing by James Macharia)
Our Standards: The Thomson Reuters Trust Principles.
