A businessman who wants to stop the International Criminal Court from operating in the country now says he is unable to serve the court’s representatives with summons since he cannot trace their local office.
Mr James Gathungu told the High Court in Mombasa yesterday that his efforts to establish where the offices were located had hit a snag.
He requested for substituted service.
Mr Justice Jackton Ojwang’ told the applicant to serve the defendants through an advertisement in a local daily.
In the application, Mr Gathungu says the new Constitution does not authorise the ICC to investigate and try perpetrators of the post -election chaos that left 1,133 people dead and more than 600,000 uprooted from their homes.
He said the Constitution does not recognise the ICC as a competent court in Kenya, and therefore to allow it to operate amounts to the surrender of national sovereignty to foreigners, which is untenable.
In addition, he said the ICC is neither a court nor a tribunal that has been established by or under the Constitution.
Last month Justice minister Mutula Kilonzo told the ICC to keep off Kenya saying the new laws would strengthen the Judiciary and police to deal with the chaos.
At the same time, Kituo Cha Sheria and the Centre for Justice for Victims of Crimes Against Humanity have been enjoined in the suit as interested parties.
The International Commission of Jurists, Kenya chapter was also enjoined last week as a ‘friend of the court’.
The case will be heard on October 27.
Meanwhile, a team of International ICC investigators gathering evidence against the masterminds of post-election violence yesterday visited different parts of North Rift.
Among the areas they toured were the Yamumbi transitional camp, in Eldoret for displaced persons.