African leaders to vote on Uhuru, Ruto ICC cases Saturday

President Uhuru Kenyatta (centre) confers with Deputy President William Ruto (right) and Head of Public Service Francis Kimemia (left) at the Jomo Kenyatta International Airport (JKIA) before leaving for Addis Ababa, Ethiopia to attend a regional summit May 3, 2013. A resolution calling on African countries to petition ICC to drop charges against President Kenyatta and his deputy is to be tabled before African Union Heads of State Saturday morning. PHOTO/PPS

What you need to know:

  • Foreign Affairs Cabinet Secretary Amina Mohammed Friday declined to comment on the withdrawal.
  • Kenya’s Ambassador to the UN Macharia Kamau hinged the request on the premise that the Security Council has “some measure of political oversight” regarding the functioning of the ICC.

A resolution calling on African countries to petition ICC to drop charges against President Kenyatta and his deputy is to be tabled before African Union Heads of State Saturday morning.

The resolution agreed upon and prepared by African foreign affairs ministers, also seeks to have African countries pull out of ICC if it continues with President Kenyatta and Deputy President William Ruto’s cases.

Uganda’s Foreign Affairs Minister Sam Kutesa is leading the delegation to present the resolution.

“We are asking the ICC to stop the prosecution of the two Kenyan principals or they re-investigate the cases because they are a lot of falsehoods,” Mr Kutesa said in Addis Ababa, Ethiopia Friday.

“We will present our resolution to the Heads of State for them to decide,” he added.

Among the proposals is a call to have the two cases returned to Kenya.

Foreign Affairs Cabinet Secretary Amina Mohammed Friday declined to comment on the withdrawal.

“We are not talking about withdrawal, rather we are discussing the relation between Africa and ICC,” she told journalists at the African Union headquarters.

The ministers on Thursday discussed the consequences African countries would face if they do not intervene, especially on the Kenyan cases.

The Heads of State will make a decision on whether to pull out, petition ICC to re-investigate the cases or have them returned to Kenya.

The resolution comes a day after a Kenyan delegation failed to get the UN Security Council to stop the two cases.

Western nations on the 15-member council told Kenyan diplomats at a private meeting that the two leaders and radio presenter Joshua arap Sang must face the court, diplomats told journalists after the meeting in New York.

The US and EU countries, the envoys said, opposed the move but China and Russia were sympathetic to the request. Rwanda, Morocco and Pakistan were also more receptive to the Kenya’s request. None of the countries in the second group are ICC members.

“There was a very firm response from ICC member States and the US that they must take their case to the court,” said one diplomat, speaking on condition of anonymity.

Kenya’s Ambassador to the UN Macharia Kamau hinged the request on the premise that the Security Council has “some measure of political oversight” regarding the functioning of the ICC.

However, the council made it clear that it did not intend to take any action on the cases.

Mr Kenyatta, Mr Ruto and Mr Sang are facing crimes against humanity charges over 2007/08 post election violence, which claimed more than 1,100 lives. They have denied the charges.

The trial of Kenyatta is currently scheduled to start in July. He has vowed to cooperate with the court.

Additional reporting by AFP