Deputy President William Ruto and wife Rachel attend Sunday service at the Deliverance Church in Umoja, Nairobi, before jetting out to The Hague for the hearing of his cases at the ICC. [PHOTO: George Mulala/STANDARD]

By FELIX OLICK

 The International Criminal Court (ICC) is yet to make a determination of many key applications by President Uhuru Kenyatta one month to the commencement of his trial.

The latest application petitions the court to halt his trial citing illegal conduct by the prosecution.

Others include a request to be excused from continuous attendance at his trial and another to have the case tried in either Kenya or Tanzania.

Through his lawyer Stephen Kay, the president has made numerous applications to the Court, which could be construed as indications that he may not board a flight to The Hague after all.

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The latest application that could have come as a shocker to the global court is a request for the termination of his charges ahead of his date with the judges on November 12.

In the 38-paged application filed on the eve of the AU summit to discuss a possible mass pull out from the ICC, Uhuru said the case against him should be stopped citing “serious, sustained and wide-ranging abuse on the process of the court.”

“The defence respectfully requests the Chamber to: permanently stay the proceedings on the basis of an abuse of process or order an evidential hearing before the start of trial to determine the issue of abuse of process,” asked his lawyer.

According to the president, three prosecution witnesses, an intermediary together with ICC investigators have been reaching out to his defence witnesses to change their testimony ‘for a reward’.

Just two weeks ago, his lawyers asked judges to allow the president to be excused from attending proceedings so as to allow him to attend to his duties as head of state.

More petitions

A similar request was made by his deputy William Ruto earlier this year. In June, the three-judge panel ruled that Ruto should be allowed to miss routine hearings to conduct state affairs.

The prosecution has, however, challenged that ruling, and a final decision on it by the appeals chamber is pending. In the application, Uhuru cited the new roles he must perform for the people of Kenya.

In the same application Uhuru asked that his physical presence should only be necessary for the opening and closing of trial and delivery of judgement. Another pending request is to have his trials heard either in Kenya or Tanzania.

However, a similar request by Ruto failed to get two thirds of votes during a plenary of all ICC judges.