Chief justice (CJ) Willy Mutunga (right) with lady justice Hannah
Okwengu leave the Principal Judges Chambers at Milimani Law Courts on
January 24, 2014 after the CJ launched Judicial Leaders Advisory
Council. CJ Mutunga is set to constitute a bench of five judges to
determine whether Kenya should continue cooperating with the
International Criminal Court (ICC). PHOTO | FILE
NATION MEDIA GROUP
Chief Justice (CJ) Willy Mutunga is set
to constitute a bench of five judges to determine whether Kenya should
continue cooperating with the International Criminal Court (ICC).
This
follows a decision by Mr Justice Isaac Lenaola to refer the petition by
journalist Walter Barasa to the CJ for consideration and formation of
the bench.
Mr Barasa dragged in President Kenyatta,
Deputy President William Ruto and journalist Joshua arap Sang in his
latest fight against a warrant of arrest issued by the ICC, arguing that
his bid to stop the arrest had raised substantial question of law on
the country’s sovereignty which requires the intervention of the judges.
Mr
Barasa is wanted at the ICC to face charges of interfering with
witnesses in the crimes against humanity trials of Mr Ruto and Mr Sang.
He
listed President Kenyatta, Mr Ruto and Mr Sang as interested parties in
the new application asking the CJ to constitute a five-judge bench to
determine whether Kenya should continue cooperating with ICC
.
.
“The
substantial issues relate to Kenya’s sovereignty, validity of the
warrant of arrest issued against Mr Barasa and the validity of the
trials against Mr Kenyatta, Mr Ruto and Mr Sang at The Hague on account
of the fact that the Rome Statute was not applicable in Kenya when the
post-election violence occurred,” said Mr Kibe Mungai, his lawyer.
Mr
Mungai argued that the Rome Statute came into force in Kenya on January
1, 2009, when the International Crimes Act came into operation.
Mr Justice Richard Mwongo will rule on the application to stop Mr Barasa’s arrest on January 31
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