By WAHOME THUKU and ALPHONCE SHIUNDU
President Uhuru Kenyatta has been given some relief over his trial at The Hague after judges directed that he would attend part of the proceedings at the International Criminal Court (ICC).
In what could ease pressure on the court and the President over the case, the Trial Chamber V(b)on Friday conditionally excused Uhuru from continuous presence at his trial which starts on November 12.
The decision, which was made following request by Uhuru was made by the majority of the Chamber, with presiding judge Kuniko Ozazi dissenting.
The two judges Robert Fremr and Chile Eboe-Osuji who granted the request, however, ruled that President Uhuru must be physically present for the entirety of the opening session, during the making of closing statements of all parties and participants, hearings when victims present their views and concerns in person, the delivery of judgement and any other attendance ordered by the Chamber.
“If applicable, Uhuru is also required to be present during sentencing hearings, the delivery of sentencing, the entirety of victim impact hearings, as well as reparation hearings,” the judges decided.
President Uhuru is charged, as an indirect co-perpetrator with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008. Charges were confirmed on January 23, 2012, and the case was committed to trial before Trial Chamber V(b).
The decision could influence the debate on whether the case should be deferred as recommended by the African Union and proposed to the United Nation’s Security Council, until Uhuru and his deputy William Ruto complete their term in office.
Closing sessions
The two judge said the excusal could be revoked if the President violated any of the condition and a warrant for his arrest could be issued where appropriate.
They said excusal was strictly granted to accommodate the demanding functions of Uhuru’s office as President of Kenya, and not merely to gratify the dignity of his own occupation of that office. A similar excusal had been granted to Ruto by Trial Chamber V(A) on June 18, but was suspended by the Appeals Chamber following an appeal by the Prosecution. Judge Osuji is the presiding the case against Ruto and radio journalist Joshua Sang
The two judges said granting such an exception was motivated in part by not only the need to ensure the fairness and expeditiousness of the trial in full respect to the rights of President Uhuru as an accused, but also, the need for due regard for the protection of victims and witnesses.
The decision in the Uhuru case is also likely to be appealed against by the Office of the Prosecutor.
Earlier, President Kenyatta’s political advisor Joshua Kutuny had called for his boss to be exempted from being physical presence at the ICC save for the opening and closing sessions.
Addressing a news conference at his office in Nairobi’s Harambee House, Kutuny said the country cannot afford having the Head of State sitting in court, without giving any input.
“I am not happy. The Deputy President is in that courtroom at The Hague. He just sits. He never does anything. Why do you keep him there idle yet he has so much to do back here? We’re telling the ICC that it doesn’t add value to make the Deputy President sit idle for up to eight hours; they should not subject the President to the same treatment,” Kutuny said on Friday.
