Kenya lauds AU support in reviewing ICC rules

By ROBERT NYASATO                                        

Kenya has lauded African nations for their support to ensure International Criminal Court (ICC) rules are reviewed to excuse Kenyan leaders from attending trial sessions.

Foreign Affairs Cabinet Secretary Amina Mohamed said the changes ensure President Uhuru Kenyatta and his Deputy William Ruto do not have to be present in The Hague and a new rule on recorded testimony of absent witnesses will not apply to the Kenyan cases.

She added that the new rule 134 (4) acknowledges that the President and his Deputy are duly elected by the Kenyan people and have a mandate to govern, even while meeting their obligations before the court.

 “The ICC has always argued that our President and Deputy President were merely accused persons before the court and must be treated as such. Not anymore,” stated Amina.

She said a fundamental change in how the ICC functions had been achieved and that it was a major victory for the Kenyan team.

“Kenya registered a big win on the way ICC will be operating and I thank all those who stood with us,” she added.

US Permanent Representative to the United Nations Amb Samantha Power also commended the Assembly of States Parties’ achievement in amending the ICC’s Rules of Procedure and Evidence.

VIGOROUS LEGAL DEFENSE

“Earlier this month, when the issue came before the United Nations Security Council, I encouraged Kenya and the African Union to work within the framework of the Assembly of States Parties to enable the proceedings to be conducted in a manner that would not make the Kenyan defendants choose between mounting a vigorous legal defense and continuing to do their jobs,” she said.

The proposed changes, including a provision for the use of video link, were agreed for other accused persons at the ICC who do not hold similar high office like the president and his deputy and may benefit radio journalist Joshua arap Sang, who is also on trial in The Hague.

Amina acknowledged the input of all African countries under the auspices of the African Union at the Assembly of State Parties in The Hague and singled out nine African countries for supporting her cause.

She named Namibia, Uganda, Tanzania, Botswana, Ghana, Nigeria, Sierra Leone and South Africa as having played a key role in amending the Rules of Procedure governing the ICC and “other like-minded countries that stood with Kenya at a time she needed to repulse an attack on her sovereignty”.

The country scored by having changes made to Rule 68 on prior-recorded statements.