ICC decision on William Ruto’s trial shocks Jubilee leaders

By   ALPHONCE SHIUNDU

 

Nairobi, Kenya: “We’re shocked!”

That was the collective disbelief that emerged in the National Assembly after the International Criminal Court ruled that Deputy President William Ruto would not be excused from some sittings in the ongoing trials.

The 18 MPs allied to the Jubilee coalition hurriedly called a news conference at the Media Centre in Parliament Buildings, and accused the ICC of “showing no respect” to the country’s Deputy President. The lawmakers complained that the decision by the Appeals Chamber was simply ICC’s way of “trying to show who is the boss.”

Appeared helpless

The MPs appeared helpless. David Gikaria (Nakuru Town East), Rachel Shebesh (Nairobi), Patrick ole Ntutu (Narok West) and Stephen Kinyanjui (Kinangop) led the 18 MPs, including Senator Kipchumba Murkomen (Elgeyo Marakwet) in a vow to mount a political onslaught to counter the decision.

“As a country we’re not satisfied with the decision that has come up today. He has continuously cooperated with the ICC and will continue to cooperate. Unfortunately, the decision was not in the best interests of the country,” Gikaria said.

Shebesh, who was picked on Thursday in a group of five MPs to sit in the Pan-Africa Parliament, said she would take the matter to the body, to add weight to the African Union resolution that President Uhuru Kenyatta and his deputy should not attend the ICC.

“The AU has spoken, Kenya has spoken, I wonder who else the ICC wants to listen to,” said Shebesh.

The MPs said the ICC was playing “politics” in the way it had made the ruling, and that, they would be going to their constituencies to marshal support and find a way to galvanise the country.

Adding no value

“Anybody who has watched the cases knows that it is adding no value to have a whole deputy president sitting through cases that can easily be executed by his lawyers who are doing it competently…this is a smack on the faces of the Kenyans, with the ICC trying to show who is the boss,” added Shebesh.

Ntutu said most of the lawmakers were unhappy with the decision. They had high hopes that Ruwould be allowed to let his lawyers handle the case, while he performs his roles as Deputy President.

“We are dismayed with what has happened. We were waiting with bated breath for a ruling that the Deputy President would come back home to work for us, but we are surprised,” said Ntutu.

The Appeals Chamber held that before granting an accused excusal from physical presence at trial, the possibility of alternative measures must be considered, including but not limited to changes to the trial schedule or temporary adjournment. Furthermore, any absence should be considered on a case-by-case basis and be limited to that which is strictly necessary.

Finally, the rights of the accused must be fully ensured in his or her absence, in particular through representation by counsel.

A summary of the judgment was read out in open court today by the Presiding Judge in this appeal, Judge Sang-Hyun Song.

Defer the case

A senior member of the Jubilee coalition, Kindiki Kithure, said one of the implications of the decision would be to escalate the push to defer the cases.

Tharaka-Nithi Senator and Majority Leader in the Senate claimed that the strict adherence to the ICC trials as a legal matter without consideration to the political and social implications of arraigning the president and his deputy concurrently would precipitate the collapse of Kenya as a state. Lawyer Kamotho Waiganjo termed the decision as a one with serious international relations implications. “There is the impetus to defer the cases. There will more pressure to defer the cases,” explained Waiganjo.