International Center for Policy and Conflict opposes petition against Safaricom and Airtel

President Uhuru Kenyatta addressing the AU summit in Ethiopia earlier this year. (Photo:PPS)

By Protus Onyango

NAIROBI, KENYA: The International Center for Policy and Conflict is opposed to two constitutional petitions filed at the High Court of Kenya against Safaricom and Airtel touching on the criminal proceedings at the International Criminal Court by one indictee President Uhuru Kenyatta.

“International Criminal Court (ICC) indictees Uhuru Kenyatta and William Ruto continue pretending to take high moral ground despite having been put on trial for crimes against humanity by the judges at the ICC after rigorous, open and transparent judicial proceedings,” said Ndung’u Wainaina, Executive Director of International Center for Policy and Conflict (ICPC).

He added, “The two indictees accused of gravest atrocities known to prick conscience of humanity have perfected the art of denying everything and putting the accuser (ICC) on trial. Further, they have belittled as well as dismissed the claims of the victims and ICC as shrill exaggerations and or lies.”

Mr Wainaina termed as curious the degree of propaganda and distortion of information the two indictees have deployed in their determination mission to discredit the Court and the victims.

“The latest machinations of the Uhuru Kenyatta against the ICC and fair process of administration of justice is reflected in the ‘secret’ constitutional petition filed by his lawyers in the High Court of Kenya,” Mr Wainaina said.

He added, “The ‘secret’ petition against publicly listed communication company Safaricom and another private company Airtel is unacceptable.”

He said that in a democratic human rights society, court proceedings unless on extremely defined specifications in law are supposed to take plaice in open and rights of public participation upheld.

“Kenya situation cases before the ICC are of great importance to the public. As such Kenyan public is constitutionally entitled in accordance with Article 35 to be provided with the details of the constitutional petition and the proceedings thereof the petitions,” Mr Wainaina said.

He added that the preliminary proceedings of the petition filed by Mr Uhuru ought to have been conducted in public before the judge making decision to bar media and public.

“Further, under Article 50(8) of the Constitution clearly stipulates exclusion of press or other members of the public from any proceedings can only happen if it is necessary to protect witnesses or vulnerable persons, public morality public order or national security,” Mr Wainaina said.

He added, “From the foregoing, ICPC will take the appropriate legal action to challenge the proceedings and outcome of the petition filed by ICC indictee at High Court in order to protect public interest and victims’ rights to access information and participation in administration of justice.”