Uhuru, Ruto campaign will not halt ICC trial

Presidential aspirants Uhuru Kenyatta and William Ruto will not get any respite from the International Criminal Court even if they win the next elections, prosecutor Fatou Bensouda has said.

The two politicians are facing crimes against humanity charges in connection with the 2007 post-election violence in which some 1,133 people were killed and nearly 600,000 displaced from their homes.

Their cases start on April 11, a month after the March 4 elections. But this is also the date a run-off is scheduled if there is no clear winner in the first round, complicating matters for Mr Ruto and Mr Kenyatta.

Ms Bensouda gave the warning in Nairobi as Mr Kenyatta embarked on a tour of regional capitals to rally support for his presidential ambitions.

Some high profile world leaders, including US Secretary of State Hillary Clinton and former UN Secretary General Kofi Annan have warned that it might not be a good idea for Kenya to elect people who face such serious charges. (READ: Annan warns over ICC suspects’ bids)

Speaking during her first tour of Kenya since she took over from Mr Luis Moreno-Ocampo in June, Ms Bensouda was categorical that Kenya’s elections will not be used to reschedule the proceedings against Mr Kenyatta, Mr Ruto and two other Kenyans. The ICC’s time table will continue uninterrupted.

No immunity

Ms Bensouda revealed that she was in Kenya to seek some information from the government but refused to divulge details.

“There is no immunity for the International Crimes at the ICC. The judicial calendar at the court will not be altered. The ICC judges are not bound by any political processes,” she said.

This means that should the presidential race go into a run-off with one of the two in contention, there could be a major crisis because it will coincide with the start of the trials at The Hague.

Former Head of Public Service Francis Muthaura and radio presenter Joshua Sang are the other suspects.

Ms Bensouda sought to calm the anxiety of Kenyans when she argued that the country was not on trial and regretted that the process was being politicised.

“Let me stress this: the people of Kenya are not on trial; the Government of Kenya is not on trial and no ethnic community is on trial before the ICC,” she said.

A cloud hangs over the eligibility of Mr Kenyatta and Mr Ruto with the international community raising questions of the country’s reputation if one of the two becomes president.

Mr Annan, Ms Clinton and UK Foreign Secretary William Hague have all spoken of the implication to Kenya’s international standing if an ICC suspect is elected president.

On Monday evening, Mr Kenyatta and Justice Minister Eugene Wamalwa arrived from Dar es Salaam, where they had rallied President Jakaya Kikwete to urge the international community to allow Kenyans to freely elect their leaders.

A statement from Tanzania’s presidential press service said: “President Jakaya Mrisho Kikwete wants Kenyans to be allowed to choose their crop of leaders in the next elections. President Kikwete said it is Kenyans who have the fundamental right to choose their destiny in the elections.” (READ: Kikwete urges Kenyans to unite ahead of polls)

President Kikwete’s spokesman Salva Rweyemamu said the visit was requested by The National Alliance and New Ford Kenya parties, which are headed by Mr Kenyatta and Mr Wamalwa respectively. Mr Ruto’s United Republican Party (URP) was represented by assistant minister Kazungu Kambi.

“It was a normal courtesy call. It was requested by two political parties (TNA and New Ford-K) to brief the President about the political situation in Kenya,” he said. Aides to Mr Kenyatta, however, said the visit was at the invitation of President Kikwete.

Mr Kenyatta and Mr Wamalwa will next head to Rwanda to meet President Paul Kagame, Uganda to lobby President Yoweri Museveni, and South Sudan to rally President Salva Kiir behind their mission.

They will then approach the African Union for a joint position on Kenya’s elections. “Their mission is to ensure that once Kenyans have made their decision, no institution, government or foreign power can undo it,” Mr Tony Gachoka, who is Mr Wamalwa’s media officer, said.

Locally, they have moved to the Supreme Court through Attorney General Githu Muigai to seek a legal interpretation on whether elected leaders can be subjected to the same stringent integrity terms as appointed state officers.

“He (Mr Wamalwa) is going to use his office to seek an advisory opinion on the difference between elected and appointed state officers to know whether delegated authority by the people can be undone by the integrity chapter,” said Mr Gachoka.

Last week, Prof Githu filed an application before the Supreme Court seeking to know whether political rights of Mr Kenyatta and Mr Ruto can be denied on grounds that they are facing charges of crimes against humanity at The Hague.

Speaking on Monday, Ms Bensouda said that the destiny of Kenyan politics is dependent on Kenyans themselves saying that the ICC will not interfere.

“The political future of Kenya is in the hands of Kenyans themselves. The people of Kenya will decide on the outcome of the upcoming elections and ultimately, they will shape the future of this great country,” she said.

Ms Bensouda is scheduled to meet top State officials including President Kibaki, Prime Minister Raila Odinga, members of the Cabinet sub-committee on the ICC, the Chief Justice and the Attorney General to discuss a number of issues touching on the Kenyan cases.

Though she said her office has been carrying out further investigations regarding the cases, she denied that she was on an investigatory tour of Kenya.

“I am not here to seek new witnesses... investigations have been ongoing and we are preparing for the trials in April. At the moment the process of disclosure has begun,” she told journalists.