African Union wants Kenyan cases halted as Rwanda digs in

Kenyans outside the ICC building after Deputy President William Ruto’s and journalist Joshua Sang’s cases were adjourned to next week. [PHOTO: PIUS CHERUIYOT/STANDARD]

 

By ALLY JAMAH and Geoffrey Mosuku

Kenya: The African Union (AU) now wants the International Criminal Court (ICC) to stop the on-going cases against President Uhuru Kenyatta and his deputy William Ruto.

However, AU says should the cases continue, ICC must allow the two to choose which days they can be in court to avoid a constitutional crisis in Kenya. In a letter to ICC President Judge Sang-Hyun Song, the AU argues that the Kenyan Constitution does not envisage a situation where both the Head of State and his deputy are out of the country at the same time.

“We are reliably informed that the constitutional obligations of the Head of State of Kenya and his deputy do not allow them to be out of the country at the same time. While Kenya has always cooperated and reiterated its commitment to continue cooperating with the court, it must do so in the context of its own constitutional requirements,” the letter dated September 10 states.

The letter is jointly authored by AU Chairperson and Ethiopia Prime Minister Haile Mariam Desalegn and commission chair Nkosazana Dlamin-Zuma. A copy, which The Standard has seen, does not, however,  is not on the official AU letterhead nor does it bear the official signatures of the two. It is copied to all African Heads of State and UN Secretary General ban Ki Moon.

The AU states that Kenya may not be represented at the UN General Assembly meeting set for September 23 to 27 due to this quagmire, and may also miss out on the Somali conference set for September 16 in Brussels.

“Participation in both conferences at the highest level is critical for Kenya in its trajectory and efforts towards peace and security both at the national and regional levels.”

In a related development, Rwanda has hinted that it may refuse to join ICC if Deputy President William Ruto is compelled to be present throughout his trial, which began on Monday.

Rwanda’s Justice Minister and Attorney General Busingye Johnston in an application to the ICC said the country is keenly observing how the matter will be decided before making the decision on whether to join the court or not.

National interests

Rwanda is yet to sign the Rome Statute. “As the Appeal’s Chamber is aware, there has been considerable debate about whether non-state parties such as Rwanda need to sign the statute,” he said

He added: “Concerns about whether such a move would prove to be in Rwanda’s national interests were raised and continue to be raised. Accordingly, it would appear that the proper interpretation of Article 63 of the Rome Statute is relevant to the current discussion on whether or not to become a party.”

This comes as reports indicate that 15 African states are seeking to file arguments in favour of Ruto being exempted from being present throughout the trial.

Rwanda wants to be allowed to make submissions before the decision is reached on the fate of Ruto’s exemption from attending the trials. The Justice Minister said that Rwanda will assist the judges to properly interpret the relevant section of the Rome Statute.