ICC scores a first as it sets October date with Uhuru Kenyatta
What you need to know:
- Prosecutor Fatou Bensouda has told the court that she lacks evidence to prosecute the President.
- The African Union has protested that African leaders are unfairly targeted by the court.
The International Criminal Court has ordered President Uhuru Kenyatta to appear before it on October 8, making him the first sitting Head of State to be required to do so.
But the court postponed indefinitely the start of his trial for alleged crimes against humanity, which was to start on October 7.
President Kenyatta has denied the charges that arose from the 2007/08 post-election violence.
Prosecutor Fatou Bensouda has told the court that she lacks evidence to prosecute the President, but she wants the Kenyan Government to give her details of his bank accounts, foreign exchange transactions, vehicles and property to see if she can build a case from that.
Former civil service boss Francis Muthaura and Police Commissioner Hussein Ali, who had been jointly charged with the President, were set free for lack of evidence but the court decided to continue with the case against Mr Kenyatta.
Another case against Deputy President William Ruto and former broadcaster Joshua arap Sang is proceeding at the court despite eight witnesses claiming they were enticed to implicate them.
The African Union has protested that African leaders are unfairly targeted by the court.
The ICC judges on Friday asked that Mr Kenyatta be physically present in the court on the second day of the status conference which begins on October 7 “to discuss the issues raised in the (prosecution) notice and the responses thereto.”
“Given the critical juncture of the proceedings and the matters to be considered, the accused is required to be present at the status conference on 8 October 2014,” the order by Judges Kuniko Ozaki (presiding judge), Robert Fremr and Geoffrey Henderson said.
Attorney-General Githu Muigai has been invited “to discuss the status of cooperation between the prosecution and the Kenyan Government” on October 7 — the first day of the status conference.
ISSUED SUMMONS
The Hague-based court had issued summons instead of arrest warrants for the Kenyan post-election violence suspects.
However, the suspects were required to adhere to several conditions — mainly cooperation with the court and non-interference with witnesses and victims of the post-election violence.
The court had also separated President Kenyatta and his deputy William Ruto’s cases from running concurrently so as to allow them to continue with their State functions.
Failure to comply with the conditions could see the court issuing arrest warrants against President Kenyatta.
In such a case, his foreign travels could be jeopardised as the court will ask countries signatory to the Rome Statute to fulfil their obligations under it and arrest him.
Alternatively, if he is present or has a valid reason not to be present in the court, there is also the possibility that the Trial Chamber could terminate the charges against President Kenyatta given that Ms Bensouda has said she lacks sufficient evidence to prosecute him.
Ms Bensouda had on September 5 filed a notice requesting the Trial Chamber adjourn the trial of President Kenyatta, yet again.
However, she opposed the termination of charges until the Government of Kenya executes in full the April 2014 Revised Request for his financial and property records.
