The Hague court warns over leaks in Uhuru assets order

Kenya’s sitting president Uhuru Kenyatta (right) appears before the International Criminal Court in The Hague, on October 8, 2014. Kenya’s Uhuru Kenyatta on October 8, 2014 became the first sitting president to appear before the International Criminal Court where he has been charged with crimes against humanity. PHOTO |FILE 

In Summary

At the centre of the warning was an order which was issued by the ICC’s Pre-Trial Chamber on April 5, 2011, which instructed the court registrar to request the Kenya government to help it to identify, trace and freeze — and seize if possible — Mr Kenyatta’s assets.

The Hague. Kenya risks sanctions from the International Criminal Court after judges accused the government of leaking confidential information on an order to seize President Uhuru Kenyatta’s assets.

The three judges of the ICC Trial Chamber issued the warning Tuesday, accusing the government of breaching its code of confidentiality seven times even after it had been cautioned against the offence which could impact on the direction that Mr Kenyatta’s case will take.

The judges said the government also went against the confidentiality rule during the status conference of October 7 and 8.

Mr Kenyatta personally attended the session on October 8 as a private individual after temporarily handing over power to his deputy, Mr William Ruto.

On Tuesday, Judges Kuniko Ozaki (presiding judge), Robert Fremr and Geoffrey Henderson accused the government of repeatedly breaching the rules of confidentiality by leaking information to the media and making some filings public when they were meant to be confidential.

At the centre of the warning was an order which was issued by the ICC’s Pre-Trial Chamber on April 5, 2011, which instructed the court registrar to request the Kenya government to help it to identify, trace and freeze — and seize if possible — Mr Kenyatta’s assets.

The order also affected then co-accussed Francis Muthaura (former Head of Public Service) and Hussein Ali (former Police Commissioner). The cases against both have since been dropped.

Even though the penalties for breaching the confidentiality rule attract a modest fine of just Sh1.6 million, there could be further consequences if taken as pattern of defying the ICC. The court is expected to make a critical ruling on the fate of Mr Kenyatta’s case in the next few weeks. (NMG)