Envoy to push for end to Uhuru, Ruto cases

The United Nations Security Council is set receive Kenya's request for termination of the Hague cases against the country's two top leaders, Nairobi's UN envoy has said.

In a 13-page letter, Kenya aims to rally the UN council to urge the International Criminal Court to end its proceedings against President Uhuru Kenyatta and Deputy President William Ruto.

Ambassador Macharia Kamau told the Nation that the country expects to present its arguments while Togo holds the rotating presidency of the Security Council this month.

Togo could invite Kenya to speak to the council as early as this week, the ambassador added.

Kenya's request is said to have elicited support from at least five of the council's 15 members.

Rwanda's representative is in tandem with the request as heard during a recent public session of the council, while Morocco, Pakistan, China and Russia are understood to be inclined toward Kenya's position.

China and Russia are among the council's five permanent members. The other three -- France, the United Kingdom and the United States -- are said to regard Kenya's arguments unfavourably.

It is thus highly unlikely that the Security Council would accede to Kenya's request and intervene to halt the ICC cases.

Diplomats note that the terms of the treaty establishing the ICC do not permit such action on the part of the council, regardless of the views of its members.

According to Mr Kamau, while the council may be unable to act on purely legal grounds, it has the political ability to "innovate" due to its status as the ultimate arbiter of international law.

If and when he speaks to the Security Council, Mr Kamau is expected to call attention to Kenya's founding membership of the ICC and relate efforts to strengthen an institution that Kenya supports as a reason to end Mr Kenyatta and Mr Ruto's cases.

The envoy says that the ICC is acting inappropriately in moving to prosecute politicians whose national leadership has been democratically affirmed by Kenyans.

He is expected to tell the council's members that in striving to defend the ICC, they should not extend its writ to the point where it becomes potentially damaging to international peace and security.