Uhuru, Muthaura can remain in office, AG

“On a strict interpretation of the letter of the law, they can’t leave office as they are not accused under the Anti-Corruption and Economic Crimes Act, which would require them to vacate office,” said Mr Akide.

But he added: “In as far as the spirit of the Constitution is concerned, one can argue that under Chapter Six of the Constitution on Leadership and Integrity, the people facing the charges would not meet the requirements for a State Officer to hold office.”

Imenti Central MP Gitobu Imanyara dismissed the move by the AG as waste of time.

“I wish to remind Kenyans that The Hague was not imposed on us. It was suggested by Justice Waki and we domesticated it when we unanimously adopted the Waki Report in Parliament,” said Mr Imanyara.

Admissibility challenge

The team comprises Sir Geoffrey Nice, Mr Rodney Dixon, Mr Fred Ojiambo, Mr Joe Okwach, Mr Waweru Gatonye, Ms Betty Murungi, Ms Lucy Kambuni, and Ms Grace Wakio, Dr Henry Mutai and Dr Godfrey Musila.

The secretariat will be led by Mr Ahmed Mohamed and Ms Caroline Wamaitha from the State Law Office.

Sir Geoffrey and Mr Dixon led the government’s failed admissibility challenge against The Hague cases last year.