Uhuru seeks removal from Barasa-ICC case
President Uhuru Kenyatta (left) and Walter Barasa. Photos/FILE
What you need to know:
- Mr Barasa, who is fighting extradition to the ICC, moved to court seeking orders to quash cases facing the President and his deputy on grounds that they are constitutionally invalid, null and void.
President Uhuru Kenyatta wants to be removed from a case filed by Walter Barasa on withdrawal of charges against him and his deputy at the International Criminal Court.
The President, through lawyer Kennedy Ogeto said he was improperly enjoined and listed in the suit, as he was not consulted.
He added that he is not willing to participate in issues raised in the case as it can proceed without his participation.
“The President is currently voluntarily defending himself at the ICC and does not wish to litigate issues relating to his ICC case before this court,” Mr Ogeto said. “The issues raised in Barasa’s case can and ought to be resolved by the court without Uhuru’s participation. They have no bearing on his case at the ICC.”
NULL AND VOID
Deputy President William Ruto, who was also listed had earlier sent his disapproval as well arguing that the Hague-based Court will confirm his innocence.
According to Mr Katwa Kigen, defence lawyer for the Deputy President, Mr Ruto is not afraid of going to the ICC because he is innocent of the charges levelled against him.
He requested that the issues raised by Mr Barasa proceed without his involvement.
Mr Barasa, who is fighting extradition to the ICC, moved to court seeking orders to quash cases facing the President and his deputy on grounds that they are constitutionally invalid, null and void.
He argues that the Rome Statute was not in force in Kenya when the post-election violence occurred between December 3, 2007 and February 28, 2008.
NOT RECOGNISED
Though lawyer Kibe Mungai, Mr Barasa said the charges levelled against the two Kenyan leaders on account of Article 5 of the Rome Statute were not recognised under Kenyan law or under Section 77 (8) of the defunct constitution during the post-election violence.
He adds that Kenya domesticated the Rome Statute effective from January 1, 2009 when Parliament enacted the International Crimes Act 2008.
The case is being handled by Judges Isaac Lenaola, Mumbi Ngugi and George Odunga.
Radio journalist Joshua Arap Sang, Attorney General Githu Muigai, Director of Public Prosecutions Keriako Tobiko and Interior Cabinet Secretary Joseph Ole Lenku are also named in the suit.
