Ruto’s case to feature at African Union forum

Deputy President William Ruto (second right) at the ICC in The Hague on January 15, 2016 accompanied by National Assembly Majority Leader Aden Duale (left), Elgeyo-Marakwet Senator Kipchumba Murkomen (second left) and Narok Governor Samuel Tunai (right). Mr Ruto will know his fate on April 5, 2016. FILE PHOTO | REBECCA NDUKU | DPPS

What you need to know:

  • President Uhuru Kenyatta will travel to Addis Ababa for the AU Summit which takes place on January 30 and 31.
  • Lawyer Haroun Ndubi termed Kenya’s proposed AU agenda as “a political statement equivalent to a roadside declaration.”
  • The AU at its last summit in South Africa directed the AU Commission to ensure that the AU is added as an amicus curiae (friend of the court) in ICC's on-going cases.

The post-election violence case against Deputy President William Ruto will once again feature prominently at the 26th African Union Summit, as Kenya prepares to push for the adoption of the outcome of the ICC’s 14th Assembly of State Parties.

Mr Ruto’s legal adviser Dr Korir Sing’oei told the Nation that Kenya wants the AU to “adopt and affirm” its position on the use of the Rule 68 of the ICC’s Rules of Procedure and Evidence on the use of recanted testimony.

“Kenya is going to ask the African Union to reaffirm that Rule 68 should never have been applied against the Deputy President. This is one of the major things we will be seeking,” Dr Sing’oei said.

The theme of the AU Summit that started in Addis Ababa on January 21 is African Year of Human Rights with a particular focus on the rights of women. The biannual summit ends on January 31.

President Uhuru Kenyatta is expected to travel to Addis Ababa for the heads of state and government summit proper which takes place on January 30 and 31.

But lawyer Haroun Ndubi termed Kenya’s proposed AU agenda as “a political statement equivalent to a roadside declaration.”

“It is meaningless and wasteful because the matter of Rule 68 is a judicial matter in the hands of the ICC’s Appeals Chamber,” said Mr Ndubi.

ICC CASES

The AU at its last summit in South Africa directed the AU Commission to ensure that the AU is added as an amicus curiae (friend of the court) in on-going cases of African leaders at the ICC.

As a result, the ICC received submissions from the AU on the appeal by Mr Ruto against the application of the Rule 68 on the use of recanted testimony.

The ICC Appeals Chamber however rejected the submissions of Namibia and Uganda who also wanted to be included as amicus curiae in the case.

The appeal decision on whether ICC Prosecutor Fatou Bensouda can rely on the recanted testimony is one of the two major decisions that Mr Ruto and his legal team are looking out for. The other one is Trial Chamber decision on the no case to answer motion.

“The Assembly is expected to hear progress on implementation of previous decisions on ICC and adopt a declaration on the same,” head of Oxfam International Liaison Office to the AU Mr Désiré Assogbavi.

Besides the Rule 68 agenda, Dr Sing’oei also revealed that Kenya will also be pushing ahead with its agenda for the rapid expansion of the criminal jurisdiction of the African court to handle international crimes, otherwise known as the Malabo Protocol.

“It is something Kenya will be pursuing and the president (Uhuru Kenyatta) will also be talking about to his colleagues,” said Dr Sing’oei.

This has been Kenya’s agenda for quite some time as the Jubilee lobbies African governments to sign the Malabo Protocol so as to operationalise the African court and bypass the ICC.

During the 24th AU Summit in Addis Ababa, President Uhuru Kenyatta even pledged Kenya’s donation of $1 million (Sh102 million at current rates) to set up the court.

Despite Kenya’s push, its continental peers have been hesitant to sign the Malabo Protocol.

Kenya will also feature when the AU leaders review the state of peace and security on the continent and likely to adopt an omnibus decision on each situation.