Kenya invited to argue bid to end ICC cases

From left: ICC Chief Prosecutor Fatou Bensouda, Deputy President William Ruto and President Uhuru Kenyatta. PHOTO/FILE

What you need to know:

  • On May 2, Mr Kamau wrote a strongly worded letter seeking the immediate termination of the crimes against humanity charges facing the two leaders and Mr Joshua Sang.

The government was Tuesday invited to present merits of its request to have ICC cases terminated as the court constituted two Trial Chambers to hear and determine the matters.

In a letter to Kenya’s Ambassador to the UN, Macharia Kamau, the council has invited the country to argue its request tomorrow at a plenary session of the UN Security Council.

The new development comes in the wake of an opinion piece by the envoy, which was published in the Nation Tuesday, in which he sought to explain why he wrote to the UN Security Council.

Mr Kamau argued that the ICC could not be said to be safeguarding the political rights, freedom and democracy of Kenyans when the cases facing President Kenyatta and his deputy William Ruto threaten to consume time and effort of the two principals Kenyans have tasked with improving lives.

On May 2, Mr Kamau wrote a strongly worded letter seeking the immediate termination of the crimes against humanity charges facing the two leaders and Mr Joshua Sang.

The letter read; “ the original claims might have been false and or manufactured. It has since come to light that the evidence could be tainted and or procured through inducement and or corrupt measures.”

And speaking to the Nation by telephone on Monday, Mr Kamau said Kenya appreciated the opportunity to explain the contents of a 13-page-letter he sent to the Council two weeks ago.

On Thursday, Mr Kamau is expected to question the jurisdiction, partiality and competence of the ICC.

Kenya’s request is viewed sympathetically by at least five of the council’s 15 members.

The decision to form two chambers to hear the two cases was made by the court’s presidency to ensure “proper administration of justice, taking into consideration each judge’s workload.”

Trial Chamber V consisting of Judge Robert Ozaki and Chile Eboe- Osuji, which was handling the matters, was dissolved and two new chambers created to hear the two cases.

Trial Chamber V (a), will now consisting of Judges Olga Herrera, Fremr and Eboe-Osuji. It will hear the crimes against humanity cases against Mr Ruto and broadcaster Joshua arap Sang.

Judge Herrera, from the Dominican Republic, had previously been assigned to the Court’s pre-trial division.

Trial Chamber V (b), on the other hand, will now hear and determine the case against President Kenyatta. It comprises Judges Ozaki, Fremr and Eboe-Osuji.