Trio make fresh bid to thwart International Criminal Court cases

By VINCENT MABATUK

BARINGO; KENYA: Three Baringo County residents have moved to High Court in Nakuru seeking orders to block the President from leaving the country on November 12 to attend his trial at the International Criminal Court (ICC).

They also want the court to order Attorney General Githu Muigai and Interior Cabinet Secretary Joseph Ole Lenku not to allow President Kenyatta and his deputy William Ruto leave the country to attend the proceedings at the ICC pending hearing and determination of the application.

Led by by Baringo County Assembly Speaker William Kamket, the petitioners have named the other respondents in the application as Foreign Affairs Cabinet Secretary Amina Mohammed and Speaker of the National Assembly Justin Muturi.

The three, who are represented by lawyer Kipkoech Ngetich, are expected to raise weighty constitutional issues, which they hope will be referred to the Chief Justice, when the petition comes up for hearing this morning.

Constitutional crisis

Other petitioners are Ken Bartai and Felix Kiprono Matagei. In their application, they argue that there is a possibility of a constitutional crisis if the two are found guilty and imprisoned. The President of the Republic of Kenya and any person acting in that capacity is immune from civil or criminal prosecution while in office,” reads part of the petition.

They say the country risks being without a substantive occupant of the office of the President and there is need for a referendum to determine whether Kenyans accept the fresh developments.

They argue that the respondents have the capacity to prevent the President and Deputy from leaving the country to attend the ICC trials.