No power vacuum over Hague, declares Uhuru

President Kenyatta and his Deputy William Ruto Saturday moved to allay fears that their cases at ICC would cause a crisis in the country.

The pair said the government would run smoothly and expressed confidence that they would be vindicated in The Hague.

The two Jubilee leaders said they would travel to the court in the Netherlands not only to clear their names but also that of the country, and urged Kenyans to remain calm.

An emotional Kenyatta said they would not be cowed by the ICC process.

“We have an agenda to deliver to the people of Kenya and we will not be intimidated. We will clear our names and put to shame all those who think that this case will see our government grind to a halt,” said Mr Kenyatta.

“To those predicting instability please give us a break. Kenya is a sovereign state and we will not be scared because Kenyans are solidly behind us. Let them go and scare other countries because peace will prevail, and we are calling on the youth to start planning how they will use the funds that my government will soon start disbursing.”

HANDED OVER CHEQUES

The President and his Deputy were speaking at Mwiruti Primary School in Uasin Gishu County when they handed over cheques to internally displaced persons from Yamumbi IDP camp, which was formally shut as part of a government plan to resettle all the victims of post-election violence and forest evictees.

Mr Ruto called for prayers as they head to The Hague, saying they were confident that they would be vindicated.

“All the falsehoods that have been peddled about us leading to the case at The Hague will be put to bed because we have nothing to hide. As you pray for us we would like to assure you that the business of government will not be derailed. We are confident that the same God who helped us win the March 4 elections will see us through this prosecution,” he said.

Mr Kenyatta and Mr Ruto face crimes against humanity charges arising from the 2007/08 post-election violence. The chaos saw 1,100 Kenyans lose their lives as over 650,000 were displaced.
They spoke as the ICC issued a warning that it would issue arrest warrants against them if they failed to cooperate with it.

The warning came at the end of an eventful week that saw MPs allied to the Jubilee coalition use their numerical strength in Parliament to push through a motion demanding that Kenya withdraws from the Rome Statute that established the court.

In an interview with the BBC’s Newsday programme, ICC spokesman Fadi El Abdallah warned that there would be serious consequences if the country and its leaders stopped working with the institution.

“If there will be a non-cooperation situation, if the state decides not to cooperate, then the judges can make a finding about that and then inform the assembly of state parties. It will be for the 122 states that are parties to this international treaty to take the appropriate measures to ensure the cooperation of Kenya,” Mr Abdallah said.

“But if the non-cooperation comes from the accused persons themselves, meaning that they refuse to be present before the judges or to comply by the conditions, then the judges may decide to issue arrest warrants against these accused,” he added.

Mr Abdallah reminded Mr Kenyatta and Mr Ruto that they must present themselves before the judges unless they are given permission by the court to skip their trials.

“They have on several occasions announced that they are willing to cooperate because it’s the only way for them to clear their own names. If Kenya withdraws from the Rome Statute, this will not have an impact on the cases and will not have an impact on the legal obligation of Mr Kenyatta, Mr Sang and Mr Ruto to be present before the judges. The cases are proceeding,” he said.   

Speaking at the resettlement of 242 families that have been living in camps, Mr Kenyatta appeared to dispel fears that he and Mr Ruto, who is charged alongside radio journalist Joshua Sang, would stop cooperating with the ICC.

He exuded confidence that they would prove their innocence and return strengthened.

During the ceremonies at three camps, IDPs received bank slips for Sh400,000 from National Bank of Kenya to start a new life outside the camps.

The government is using Sh3.3 billion in resettling IDPs across the country.

It was also announced that the government had set aside Sh832 million to resettle people from over 2,000 households evicted from the Mau Forest.

Mr Ruto said all victims of the 2007/08 post-election violence would be resettled by the government this month.

“After clinching victory in the last General Election, as the Jubilee government we vowed to unite all Kenyan tribes so that they can work together in harmony in efforts to put an end to tribalism,” he said.

He urged the victims to put the money to proper use once they receive the funds in a bid to boost their livelihoods.

Speaking at the same event, National Assembly Majority Leader Aden Duale asked the two leaders to give him a chance to travel across all East Africa to seek support for the country’s bid to pull out of the ICC.

“When Parliament goes into recess, I will embark on a mission of meeting East Africa Community Parliament members and seek their support for the country to pull out of the Rome Statute,” Mr Duale said.

Mr Ruto and Mr Sang are scheduled to appear before the judges on Tuesday.

The Sunday Nation learnt that following the judges’ decision to allow Prosecutor Fatou Bensouda to appeal a decision on amendment of charges, defence counsel were expected to call for a postponement to wait for a decision on this issue.

They are also expected to demand more time to research on new witnesses. Mr Kenyatta’s lawyer Steven Kay made a similar request to the ICC judges during the status conference on his case.

He asked the judges to postpone his client’s trial to January 2014 — a request that was vehemently opposed by prosecutor Adesola Adeboyejo and the counsel for the victims, Paolina Massida.

Parliament’s move to push for Kenya’s withdrawal from the Rome Statute has divided opinion.

Dr Luis Franceschi, the dean of Strathmore Law School and legal adviser to several national and international government commissions and programmes, said the motion was ill-conceived.

“Withdrawing will not stop the on-going process. Running away will only make it worse. Why worse? The judges will not read withdrawal as an act of loyal support, concern and unity against the falsely accused,” he wrote in the Nation.

“Regrettably, it will send a desperate message to the judges. This negative message will be badly enhanced by the presence of 100 MPs at The Hague. This may jeopardise the process in unforeseeable ways,” he added.

Kigumo MP Jamleck Kamau, however, clarified that the motion was not intended to end Kenya’s or Mr Kenyatta’s and Mr Ruto’s cooperation with the ICC.

“The main reason why we brought the amendment was to make it very clear that we are not in any way pushing for non-cooperation with ICC. You remember when I was seconding the motion I said I want to speak to the media. I said so because I did not want an impression created that the motion was about non-cooperation with ICC,” he explained. The move is likely to gain favour among African Union member states, which have previously accused the ICC of targeting African leaders.

In May, Ethiopian Prime Minister Hailemariam Desalegn accused it of racial bias and “hunting Africans”. During Mr Kenyatta’s inauguration in April, Uganda’s President Yoweri