AG: Kenya won’t disclose Uhuru’s assets to ICC

By ISAIAH LUCHELI

NAIROBI, KENYA: The Kenyan Government will neither freeze the assets nor release financial statements and other documents of the President and his Deputy as requested by the International Criminal Court (ICC).

In its response over claims by the Office of the Prosecutor (OTP) that the Government had declined to comply, the Attorney General submitted that the requests by the OTP were incapable of compliance as they were in violation of the Rome Statute.

Attorney General Githu Muigai who is the Government’s principal legal advisor added that at no time did the prosecution furnish the Kenyan government with a request from the court over the financial records of President Kenyatta, his Deputy Ruto and radio journalist Joshua arap Sang.

“The Government of Kenya submits that the requests made by the prosecution were incapable of compliance as they were in violation of the Rome Statute and the rules of procedure and evidence, and disregarded the International Crimes Act of Kenya, and the reasons were made available to the prosecution,” submitted Githu.

The AG further accused the OTP of failing to make a distinction between the prosecutor’s office and the court, which was fundamental in distinguishing the requests made by the prosecutor and the orders issued by the court.

The AG noted that the Rome Statute stipulated that assistance sought under the provision should be provided pursuant to procedures under the laws of the country that has domesticating of Statute.

“The complementarity principle of the Rome Statute requires that assistance sought under that provision should be provided pursuant to procedures under the national law,” said Githu.

FILED APPLCATION

The AG wants the application filed by the prosecutor at the ICC to compel the government to release the information thrown out as it was untenable.

He said there were inconsistencies with the Rome Statute, ICC rules of procedure and evidence and the country’s International Crimes Act.

In the response to the ICC dated December 20, the AG, quoting Kenya’s International Crimes Act, stated: “If the ICC makes a request for assistance the request shall be dealt with in accordance with the relevant procedures under the laws of Kenya.”

He argued that the Constitution guaranteed the right to privacy and confidentiality subject to the reasonableness in an open and democratic society. Article 31 of the Constitution states that every person has the right to privacy.

“This right to privacy extends to protection of information on a person’s property and assets. In this regard the information sought by the prosecution on records relating to information on concerned person’s property and assets cannot be provided without violating their rights as enshrined in the Constitution,” submitted the AG.