|
|
| Foreign Affairs Cabinet Secretary Amina Mohamed. |
By FAITH RONOH
Kenya: Kenya wants to re-introduce the proposal to amend Section 27 of the Rome Statute to shield serving heads of state and government from prosecution.
Foreign Affairs Cabinet Secretary Amina Mohamed Friday announced that Kenya has issued a 90-day notice to the Assembly of State Parties on her intent to initiate the proposal.
“We have, therefore, given notice of a special Assembly of State Parties to discuss the amendment of Article 27 on the immunities of Heads of State and Government. We expect such a meeting to be convened after the 90-day notice period expires in the first quarter of next year,” she said
Kenya is also pressing for the special summit to be convened by UN Secretary General Ban Ki-Moon within the stipulated time.
It also emerged that an earlier proposal to move a similar motion flopped after it became clear it was time barred since Kenya had not given sufficient notice as required under the Rome Statute.
It is understood that it was this realisation that influenced jubilee Members of Parliament from moving an adjournment Motion in Kenya’s national assembly, which had been planned ostensibly to criticise a move to adopt a video link proposal that was floated by the United Kingdom.
AU mandate
This influenced Jubilee MPs to drop a motion to criticise the move to adopt a video link proposal that was floated by the United Kingdom. “We had to stop that debate because it became apparent that was the only option left,” said a source within Jubilee.
The filing of the Motion comes after Kenya secured a compromise to ensure her leaders do not have to be present during their trial at the ICC.
Amina said the African Union proposal to shield sitting head of states from prosecution will be discussed in late February.
“As you know, we had a mandate from the African Union pursuant to its resolution that no sitting Heads of State or Government, their deputies, or people mandated to hold such offices may appear before the ICC or indeed any other court while they remain in office,” she said.
Physical presence
Noting that the new rule (134 (4) acknowledges that the President and Deputy President are duly elected by the Kenyan people and have a mandate to govern, even while meeting their obligations before the court, Amina said it will be easier to amend Article 27.
“The ICC has always argued that the accused person must be physically present through the trial. We now have a new rule that says that is not the case,” she said.
She maintained that Kenya is not trying to run away from justice, but it is keen to ensure that fairness becomes the leading principle.
“We have achieved a fundamental change in how the ICC functions. This is a major victory for the Kenyan team. It is a significant shift in how the ICC engages,” she said.
Kenya also secured a concession on a proposal on recorded testimony for absent witnesses after dramatic talks that nearly scuttled the bid to exempt her leaders from attendance of ICC trials.
Uhuru and Ruto were banking on the changes to the ICC Rules of Procedure and Evidence to be excused from physical presence in The Hague courtroom.
Kenya has already made progress in the Amendment of Rule 68 that seeks to increase instances in which prior recorded testimony can be introduced in the absence of the witness, including where a witness is dead or unavailable to testify.
