President Kenyatta cannot be prosecuted while in office, AU says

President Uhuru Kenyatta (Left) and his Deputy Hon. William Rutto. [PHOTO COURTESY]

By KOBIA MWIRICHIA

Kenya, Nairobi: Foreign Affairs Cabinet Secretary Amb. Amina Mohamed on Monday reaffirmed that sitting Heads of State could not be prosecuted during their tenure of office.

Amb. Mohamed said resolutions passed by the African Union (AU) at the weekend were in line with international law doctrines that democratically elected and sitting Heads of State must be given a chance to govern.

The Cabinet Secretary spoke at an international news conference on Kenya’s perspective of the AU resolutions outside Harambee House, Nairobi.

She said both the African Union Executive Council and the AU Summit stood with Kenya on the deferral, excusal or postponement of the case facing the President and Deputy President at the international criminal court (ICC) until they completed their mandated term in office.

Amb. Mohamed said that the continent confirmed its intention to ensure that the Rome Statutes are modified by the Assembly of State Parties to respond to the aspirations of its largest constituency as a court of last resort of the highest possible standards and standing.

“Kenya has from the beginning fully cooperated with the ICC and conformed to the Rome Statutes without ever deviating from its obligations,” the Cabinet Secretary said.

“Both the President and the Deputy President have continuously and without fail attended court sessions and argued their cases fully,” she said.

The Cabinet Secretary said the AU requests on the Kenyan cases were being prepared for onward transmission to the Security Council and ICC for consideration.

“As you know our Deputy President is currently at The Hague to ensure that, even as we await the processing of Africa’s request for a deferral, due process is not in any way affected,” Amb. Mohamed said.

Fielding questions from journalists, the Cabinet Secretary said the cases facing President Kenyatta and the Deputy President, William Ruto changed from being personal to national and even regional when they were democratically elected into office.

She affirmed Africa’s unequivocal commitment to fight impunity, promote human rights, the rule of law, good governance and democracy on the continent in accordance with the constitutive act of the Union.