By WAHOME THUKU
President Uhuru Kenyatta could attend his trial at the International Criminal Court (ICC) through video conferencing if the proposal by the United Kingdom is accepted at the ongoing Assembly of the member signatories to the Rome Statute.
But that could be his second choice, the first being to have the Rome Statute amended so that a sitting president does not go through trial at the ICC.
Reports from the Assembly of State at the Hague indicate that the proposal by UK has received backing from several countries, mainly from Europe, South America and Africa.
The UK has proposed that the Kenyan cases be tried through video link, which would mean having the suspects follow the proceedings from Kenya.
The argument is that if witnesses testify through video link, the same can be extended to the accused.
A number of those participating in the meeting were in agreement that the Rome Statute did not in particular provide that the accused must be physically in court, a position that has also been held by the Appeals Chamber of the ICC.
However, the Kenyan government is pushing to have the law amended so that President Kenyatta would not have to attend trial until his term in office expires.
They what this position given the priority over that of the UK.