State faulted over fresh bid to halt ICC criminal cases

By Felix Olick

Nairobi, Kenya: Lawyers representing post-election violence victims at the International Criminal Court (ICC) have launched a scathing attack on the Government ahead of a high-powered visit to The Hague.

In a strongly-worded submission to the Trial Chamber V judges, the lawyers hit out at the Government arguing ‘those at the highest levels of responsibility for the crimes committed during the 2008 post-election violence enjoy total impunity in Kenya’.

The latest spat over cooperation comes even as the Government made an assault to terminate the two Kenyan cases facing President Uhuru Kenyatta and his deputy William Ruto through the United Nations Security Council.

This even as it emerged a Government delegation would be travelling to The Hague on Wednesday, a day after a status conference regarding Ruto and radio journalist Joshua arap Sang cases.

In his submission, Common Legal Representatives of Victims Fergal Gaynor outlined to the judges’ statements purportedly made by Ruto and Uhuru regarding the international court.

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‘Referendum on ICC’

Gaynor maintained that statement by the two leaders cast doubt on their sincerity to cooperate with the court and urged the judges to make full use of its powers to order the production of additional evidence.

He says for instance, that after his presidential victory, President Uhuru said ‘we expect the international community will respect our sovereignty and the democratic will of the people of Kenya’.

Gaynor also said ahead of the March 4 presidential vote, Uhuru and Ruto said the presidential election would be a direct referendum on the ICC. As a result, the lawyers have asked the judges to summon Uhuru to explain the meaning of his statements given that he is now the Head of State and Government and influences the country’s international obligations.