Fate of ICC pair lies with Cabinet

What you need to know:

  • Team of ministers set to determine whether Uhuru and Ruto will vie for the presidency if charged by Hague court

A Cabinet team will determine whether Deputy Prime Minister Uhuru Kenyatta and Eldoret MP William Ruto will vie for the presidency if charged by the International Criminal Court.

The revelation came as Justice minister Mutula Kilonzo accused the two of “impunity” for declaring that they will not drop their presidential bids regardless of the much-awaited ruling on their cases arising from the 2007/8 post-election violence.

Highly placed government sources said the Cabinet sub-committee on the ICC, which is chaired by Internal Security minister George Saitoti, would convene a meeting as soon as the ruling was delivered to take a common position on the matter.

The committee will seek the advice of Attorney-General Githu Muigai before taking a position that will be placed before Cabinet for discussion and either approval or rejection.

“The government has entrusted the management of the case to a Cabinet sub-committee. It is the sub-committee that advises government on the handling of ICC-related issues. The committee will meet as soon as the ruling is announced,” said the source who asked to remain anonymous because of the sensitive nature of his position.

The seven-member sub-committee includes two other declared presidential candidates, Prof Saitoti and Foreign Affairs minister Moses Wetang’ula; the Justice minister, who has already spoken his mind on the issue; the Attorney-General; and three ministers from the ODM wing of the coalition government, Mr James Orengo (Lands), Mr Otieno Kajwang’ (Immigration) and Mr Amason Jeffa Kingi (Fisheries).

The ICC Pre-Trial Chamber judges are expected to deliver the ruling before Monday which will either confirm or reject charges against Mr Kenyatta, Mr Ruto, Tinderet MP Henry Kosgey, Head of Civil Service Francis Muthaura, former Commissioner of Police Hussein Ali and Kass FM radio presenter Joshua arap Sang.

If the charges against Mr Kenyatta, Mr Ruto, and Mr Kosgey are confirmed, it would raise questions about their eligibility to vie for elective office.

However, Mr Kenyatta and Mr Ruto have vowed to continue with their campaigns regardless of whether ICC judges Ekaterina Trendafilova, Hans-Peter Kaul and Cuno Tarfusser will commit their case to trial. (READ: Uhuru and Ruto: ICC ruling will not stop us)

Mr Kenyatta said on Tuesday that his quest to succeed President Kibaki would not be determined by the ICC ruling. “My campaign is not anchored on the ICC process, but on an agenda that I have for the country. These are processes that will ultimately come to an end and should not derail our campaigns,” he explained.

Speaking after the launch of the United Republican Party, Mr Ruto declared that The Hague verdict would not distract him from the push to be the fourth President of Kenya.

Their sentiments drew a stinging criticism from Mr Kilonzo who described their hardline positions as the height of impunity. The utterances, he argued, had shown they did not have much regard for the Constitution.

Clear provisions

The Justice minister argued that Chapter Six of the Constitution had clear provisions on the level of integrity expected of aspirants for political office.

Mr Kenyatta’s spokesman, Munyori Buku, hit back immediately, accusing the Justice minister of being driven by ulterior motives.

“Let him (Mr Kilonzo) state the law as it is. This country is governed by the law and not the feelings or mood of an individual. This is unless there was an ulterior motive from the start,” he said.

While Mr Kilonzo spoke out strongly against The Hague suspects being allowed to vie for office if indicted, other key officials preferred to duck the issue.

The Commission for the Implementation of the Constitution boss Charles Nyachae declined to give a definite answer when approached by the Nation: “It is an issue that we as the CIC have not collectively addressed our minds to.

The reference point is the spirit of the Constitution, in particular the spirit in Chapter Six. I will not comment on it unless the Commission has discussed collectively and taken a common stand, something which we will do in a couple of days,” he said.

The chairman of Independent Electoral and Boundaries Commission (IEBC), Mr Isaack Hassan, charged with clearing candidates for elections, was equally non-committal: “We will cross the bridge when we come to it,” he said.

Reported by Bernard Namunane, Peter Leftie and Leonard Mutinda