President Uhuru Kenyatta wants his name struck out from Walter Barasa’s petition to ICC

President Uhuru Kenyatta. He has disapproved inclusion in journalist Walter Barasa's petition on grounds that he was not consulted (Photo:PSCU)

By Kurian Musa

Nairobi, Kenya: President Uhuru Kenyatta has distanced himself from a case filed by Journalist Walter Barasa seeking to have International Criminal Court (ICC) charges against him and Deputy President William Ruto withdrawn.

Barasa, who is fighting extradition to the ICC, moved to court seeking orders to quash Uhuru and Ruto’s cases on grounds that they are constitutionally invalid, null and void.

The case seeks the withdrawal of charges against him, the president and his deputy at the International Criminal Court. He argues that the Rome Statute was not in force in Kenya when the post-election violence occurred between December 3, 2007 and February 28, 2008.

Through lawyer Kennedy Ogeto, President Kenyatta has filed an affidavit in court saying that he is improperly enjoined and listed in the suit, as he was not consulted.

“The president is currently voluntarily defending himself at the ICC and does not wish to litigate issues relating to his ICC case before this court, he was not consulted before his name was included in the proceedings,” Ogeto said.

Uhuru is not willing to participate in the issues raised in Barasa’s case since it can go on without his participation in the litigation process.

He says in the affidavit: “Issues raised in Barasa’s case can and ought to be resolved by the Court without Uhuru’s participation, the issues being raised in the current proceedings have no bearing on his case at the ICC.”

Deputy President William Ruto, is also lined up in the case as an interested party and has since maintained through his lawyer Katwa Kigen that he will attend and complete his trial at the Hague based Court, and hope to be acquitted.

Kigen told the court, that his client is not afraid of going to the ICC because he is innocent of the charges against him and requested that the issues raised by the journalist proceed without his involvement.

Barasa contends that the crimes against humanity leveled against Uhuru and Ruto on account of Article 5 of the Rome Statute were not recognised under Kenyan law or under Section 77 (8) of the defunct constitution during the bloody mayhem.

According to him, Kenya domesticated the Rome Statute with effect from January 1, 2009 when Parliament enacted the International Crimes Act 2008.

The case is being handled by Judges Isaac Lenaola, Mumbi Ngugi and George Odunga.

Radio journalists, Joshua Arap Sang, the Attorney General, Prof. Githu Muigai, the Director of Public Prosecutions, Keriako Tobiko and Interior Cabinet Secretary, Joseph Ole Lenku are also named in the suit.