Uhuru must ignore these hangers-on and face judges at The Hague

Nairobi; Kenya: Everyone knows that President Uhuru Kenyatta has been summoned —ordered — to appear before the International Criminal Court in person on October 8, 2014. He’s required to attend a “status conference” at a “critical juncture of the proceedings and the matters to be considered.” That’s legalese for this — you must show up, answer questions directly, and appreciate the gravity of the matter.

Ordinarily, the accused isn’t required to be physically present during a “status conference.” But there’s nothing ordinary about Mr Kenyatta’s case on charges for crimes against humanity. He was Mr Kenyatta when he was charged, but he’s now President Kenyatta. That’s the rub —he’s not charged as President but as Mr Kenyatta. How does he divorce the two?

Since the court’s order, all manner of bloviators — from Majority Leader Aden Duale to the loud Gatundu South MP Moses Kuria — have been breathing fire and brimstone. They’ve advised Mr Kenyatta to spurn the ICC, arguing that the court was bent on “humiliating” him.

I am sure Mr Kenyatta is perfectly capable of making the decision on his own without high-level hecklers and sycophants competing to show him who’s more subservient. In any case, none of the two have any legal expertise to offer him. This is my advice to them — don’t encourage Mr Kenyatta to disregard the rule of law, defy a legally constituted court, and act with impunity. He himself termed the ICC case a “personal challenge.”

This is why Mr. Kenyatta “must go to The Hague.” Let me submit — for the sake of getting a laugh — that he “can’t be vague.” The most important reason is that perhaps good news awaits Mr Kenyatta at the “status conference.”

We know that the Prosecution has had a tough time getting crucial evidence. That’s why the case seems to have been delayed for an eternity. The court may want to hear from the horse’s mouth why the Republic of Kenya — of which Mr Kenyatta is the superintendent — has refused to give ICC Prosecutor Fatou Bensouda what the court has ordered Kenya produces. Their lordships may want to know whether Mr Kenyatta has anything to do with the obstruction.

Perhaps Mr Kenyatta will have straight forward answers to convince the court unlike AG Githu Muigai who’s a spinmeister. Mr Kenyatta could do better than AG Muigai, the doyen of legal obscurantism and obfuscation

Who knows — the judges may even believe President Kenyatta’s version and conclude that he’s not responsible for any shenanigans, recanting or disappeared witnesses, and withheld evidence. Then bingo — they ICC may dismiss his case. This is one likely scenario. That’s why I don’t understand why some of his lieutenants want him to run away from the court.

His appearance before the ICC could strengthen the argument that he believes in his innocence. Defying the court would give the contrary inference. The choice is clear.

Second, the spurious argument that Mr Kenyatta would be “humiliated” is hogwash. Yes — it’s true he can’t walk into the ICC as President of the Republic of Kenya. He has to leave all the trappings of power — bodyguards, aides, and other instruments of power — at the gate. That’s what DP Ruto does every time he appears before the court.

In my mind, there is power in the Head of a State submitting to lawful authority. My respect for Mr Kenyatta can only be enhanced were he to show up at The Hague. He would be sending a powerful signal to the world that, unlike the feckless African Union, he believes in accountability. I’ve no doubt his credibility would rise globally.

Third, I don’t speak for the ICC, but those scaremongers saying that Mr Kenyatta would be arrested on arrival at the court are worse than vipers. There’s no cause for the ICC to issue an arrest warrant against Mr Kenyatta. However — and this is what everyone must keep in mind — Mr Kenyatta’s refusal to show up could have dire consequences for him.

The court could revoke his excusal and issue a warrant for him. This would make him an international pariah, a terrible smear that he’s avoided. Like President Hassan Omar el-Bashir of Sudan, Mr Kenyatta would restricted in his international movements. No longer would he be able to visit Europe. Why would he walk into a pit eyes wide?

Finally, I think Mr Kenyatta would want for this case to end as soon as possible. What good is having the Sword of Damocles hanging over his head? If he refuses to appear the case drags on without end in sight. It will thus haunt him.

He should go there and face the court mano-a-mano. He should ask them to proceed with the trial and get it over with. After all justice delayed is justice denied. That’s why the Republic of Kenya must produce the required evidence.