Kenya’s President Uhuru Kenyatta and his deputy William Ruto at JKIA on
October 12, 2013. Mr Ruto had just arrived from The Hague after the ICC
allowed his plea for a break in his trial so as to allow the president
to attend an AU Heads of State Summit in Addis Ababa. Photo/FILE
PSCU
By FRED OLUOCH Special Correspondent
In Summary
- On the UN Security Council, Kenyan government insiders say while the United States, China and Russia seem to have decided to support Kenya’s bid, they are unsure of the United Kingdom — which, they fear, is being influenced by NGOs and lobby groups.
- The fifth permanent member, France, is yet to take a position but is consulting with Kenya.
- The Security Council can allow a deferral of a case before the ICC if its continuation poses a threat to international peace. Kenya is citing the recent terrorist attack in Nairobi, in which 67 people were killed, in its plea for a deferral.
- Each of the five permanent members has veto power to overturn a decision by the 15-member Security Council
As Kenya’s plea for a deferral of the cases at
the International Criminal Court (ICC) reach a crucial phase this week,
the country appeared confident of support from all but one permanent
member — the United Kingdom.
The quest to defer the cases against President
Uhuru Kenyatta and Deputy President William Ruto are set to come up for
discussion and a possible vote before the United Nations Security
Council.
The push comes in the wake of a major setback for
the accused duo last week: The court’s Appeal Chamber decision to uphold
an appeal by ICC Prosecutor Fatou Bensouda, effectively overturning an
earlier decision that had excused Mr Ruto from continuous appearance
during the trial.
On Friday, President Kenyatta’s legal team lodged a
fresh application asking for a deferral of his case to February 12 next
year as opposed to the scheduled November 12. In the application, the
team cites the need for time to allow the defence team to investigate
certain aspects of the case and for President Kenyatta to carry out
“essential duties of state” in the wake of the recent terrorist attack
at the Westgate mall.
On the UN Security Council, Kenyan government
insiders say while the United States, China and Russia seem to have
decided to support Kenya’s bid, they are unsure of the United Kingdom —
which, they fear, is being influenced by non-governmental organisations
and lobby groups. According to them, the fifth permanent member, France,
is yet to take a position but is consulting with Kenya.
The Security Council can allow a deferral of a
case before the ICC if its continuation poses a threat to international
peace. Kenya is citing the recent terrorist attack in Nairobi, in which
67 people were killed, in its plea for a deferral.
Each of the five permanent members has veto power to overturn a decision by the 15-member Security Council.
The request for a deferral, which was formally
presented to the Security Council last week, was recommended by the
African Union during its extraordinary summit of heads of state two
weeks ago. The AU also resolved that no head of state should be tried
while in office.
A deferral is one of the options being explored to
save President Kenyatta, who is charged with crimes against humanity,
from appearing in court for his trial in The Hague.
The trial of Deputy President Ruto and journalist Joshua arap Sang is ongoing.
The Trial Chamber has ruled to excuse the president from attending all sessions of his case.
Ms Bensouda wants the decision reconsidered or
else she appeals the ruling the same way she did with a similar one in
Mr Ruto’s case. The court granted her appeal, ruling that Mr Ruto would
be expected to be present in court except in exceptional circumstances,
which would have to be considered on a case-by-case basis.
Last week, Mr Ruto was given a few days off to skip court to allow President Kenyatta to attend a regional conference in Kigali.
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