President Uhuru Kenyatta seeks excusal from appearing before ICC, cites EAC engagements

Uhuru Kenyatta at the ICC chambers during the pre-trial hearings

NAIROBI, KENYA: President Uhuru Kenyatta has applied to be excused from presence in The Hague courtroom next month during proceedings at the International Criminal Court (ICC).

Through his lawyers Steven Kay and Gillian Higgins, the President has asked ICC judges to lift the requirement for his attendance on October 8 when a status conference is scheduled.

President Kenyatta has cited two State engagements in Kampala, Uganda, scheduled on October 8 and 9.

Other regional Heads of State will be present during the meeting on October 8 that his lawyers argue was "arranged prior to the order of the Chamber convening a Status Conference on 8 October at which Mr Kenyatta's presence is required."

In the application dated September 25, the lawyers ask ICC judges to permit President Kenyatta not to attend the Status Conference scheduled and allow his representation to take place through his counsel.

In the alternative, the lawyers have asked the judges to adjourn the Status Conference to a later date and permit President Kenyatta to attend via video link on the date of a rescheduled Status Conference.

EAC CHAIRMAN

They request that such date be fixed after consultation with the parties.

"Mr Kenyatta explicitly waives his right of attendance and will be represented by his legal team, which has full conduct and authority over his case. In view of the nature of his duties that day and the fact that he will be in Kampala, it would not be appropriate for the Defence to submit an alternative form of presence at the proceedings in the form of the video link," reads the application.

"In the alternative, if the Chamber is unwilling to permit the excusal of Kenyatta's attendance, the Defence respectfully requests that the Status Conference be rescheduled to a later date convenient to all parties," it adds.

The defence lawyers explained that in his capacity as President of Kenya and also chairman of the Heads of State of the East African Community, President Kenyatta is due to attend the Northern Corridor Infrastructure Summit in Kampala, Uganda on the October 8.

"A rescheduling of this meeting is not feasible due to the commitments of the various Heads of State who will be participating," reads the application.

On October 9, President Kenyatta is also scheduled to attend the 52nd Independence Day of the Republic of Uganda in Kampala.

Last week, the Trial Chamber V(b) which is handling President Kenyatta's case issued an order requiring him to attend a status conference on October 8.

The court also granted a request by the prosecution to postpone the start of the trial, which was scheduled for October 7.