ICC: Legislators to consult on President Uhuru Kenyatta summons

ICC Chief Prosecutor Fatou Bensouda addresses a press conference at the Hague, Netherlands (Photo:  NZAU MUSAU)

MPs from the Jubilee coalition are scheduled to meet this week to deliberate over summons handed to President Uhuru Kenyatta to appear before the International Criminal Court (ICC).

Majority of the MPs want the President to snub the summons, citing a resolution by the African Union that no Head of State shall be required to appear before the court while in office.

The meeting is tentatively set to for Wednesday or a day after to enable the ruling coalition’s MPs consult and come up with a common position.

Majority leaders Kithure Kindiki (Senate) and Aden Duale (National Assembly) and MPs Moses Kuria (Gatundu South), Kanini Kega (Kieni) and Ndung’u Gethenji (Tetu) confirmed about the meeting yesterday.

“We have received numerous requests from our members to convene a Parliamentary Group (PG) session to discuss the summons. Consultations are still ongoing but by (tomorrow) today morning, we shall be able to give you information on the exact date, time and venue,” Kindiki said.

However, Duale gave indication that the PG may be held on Wednesday. “By Wednesday, the position of Jubilee as regards that matter will be known. I will confirm to you tomorrow (today) other details of the meeting,” Duale promised.

Last Friday, the ICC directed that President Kenyatta appears before it on October 8, on the second day of status conference on the case after putting off his initial trial which was slated for October 7.

The trial failed to takeoff after the prosecution said it did not have enough evidence to sustain the case. Chief prosecutor Fatou Bensouda has accused the Kenyan government of stonewalling on critical information including financial records that she hopes will keep the case alive.

But the Government and defence lawyers have accused the prosecution of going on a fishing expedition hoping to salvage a collapsing case.

“Given the critical juncture of the proceedings and the matters to be considered, the accused is required to be present at the status conference on October 8, 2014,” the order by Judges Kuniko Ozaki (presiding judge), Robert Fremr and Geoffrey Henderson said.

Opinion is divided as to whether the President should honour the summons, thus defy an AU resolution that requires a sitting president not to attend trial while in office.

“To safeguard the constitutional order, stability and integrity of member states, no charges shall be commenced or continued before any International Court or Tribunal against any serving AU Head of State or government or anybody acting or entitled to act in such capacity during their term of office,” the AU resolution read.

But Kega is among the few who want the President to appear before the ICC as he believes the case is collapsing and that the court maybe looking for a slightest provocation to issue a warrant of arrest.

By failing to go, the MP believes Uhuru may be falling into the ICC trap whose only aim perhaps is to embarrass him
“Personally, I want him to go because I know they want him to refuse so that they issue a warrant of arrest. We know the case is collapsing anyway since there is lack evidence,” Kega claimed.

Although majority of the Jubilee members have resigned to fact that it is only the President who will make the hard decision, they nevertheless insist that it is embarrassing to subject a Head of State to trial.

The National Alliance Secretary General Onyango Oloo captured the feelings of those who favour non-cooperation arguing, “as a party or coalition we may have our position but the ultimate decision remains with the President.”

He said the position of President Kenyatta as an individual and Head of State are intertwined to the extent that requiring him before a court of law while serving the position of governing a sovereign nation is a violation of the same principle of sovereignty.

“As TNA, our position is that the moment he took oath, he stopped being an individual. He is no longer Uhuru Kenyatta but the President of Kenya. To demand of him to appear before a court of law while holding office of President is gross violation of the dignity and sovereignty of the people,” he added.

Onyango’s statement were supported by Kuria who added that Uhuru is competent enough to make a wise decision.
Some of the President’s allies also are optimistic that ICC will consent to have him appear via video link as this will not avert the embarrassment of being paraded in the dock.

Lawyers and experts warned that should the president defy the summons, ICC is likely to use a warrant of arrest which may translate to sanctions against Kenya.