President Uhuru Kenyatta withdraws request to be excused from attending ICC trial

By FELIX OLICK

NAIROBI, KENYA: President Uhuru Kenyatta has now withdrawn his request to be excused from being physically present at the International Criminal Court (ICC) after judges indefinitely postponed his trial.

Uhuru’s lawyers withdrew the application Tuesday saying that it was made with the assumption the trial would kick off on February 5 as earlier scheduled.

“In view of the vacation of the trial date pending the determination of the matters currently before Trial Chamber V(B), the defence hereby withdraws its excusal request, which was based upon the premise that the February 5 date was fixed for trial,” his lawyers submitted.

Uhuru has requested the Chamber to terminate his case following admission by ICC Prosecutor Fatou Bensouda that she did not have enough evidence against him.

The President withdrew the application as his deputy William Ruto submitted a signed waiver authorising his trial at the ICC to proceed in his absence.

“I hereby restate and confirm that I voluntarily, knowingly and unequivocally and without reservation waive my right to my own presence during my trial,” Ruto said.

“By doing so, I hereby forgo every complaint and every appeal against any natural consequence of my voluntary absence from the courtroom.”

In his application, Uhuru’s defence lawyers had maintained that the President was mandated to fulfil “extraordinary public duties” at the highest national level and therefore should be allowed to skip court hearings.

His lawyers Stephen Kay and Gillian Higgins pointed out that Kenya was under security threat from terrorists, which requires round-the-clock presence of its chief executive.

“This war has security implications not only for Kenya but also for the entire East Africa region,” Kay wrote in the application dated Friday last week. “The President of Kenya, who in November last year was elected to the chairmanship of the East African Community, must also deal with this additional security threat to the region.”

The lawyers also submitted that Uhuru chairs all Cabinet meetings, the National Security Council and coordinates ministries, which require his presence in the country.

The lawyers however said that presence via video link, which was also approved by the Assembly of State Parties last year, would be an inadequate alternative measure to Uhuru’s excusal.

“The use of such a measure, which would require Mr Kenyatta to be present at the video link facility, would disconnect him from his role as President and Head of State and prevent him from fulfilling his extraordinary duties.”