President Kenyatta’s date with the International Criminal Court

According to Mukurwe-ini,Member of Parliament,Kabando wa kabando,any appearance by the Head of state “repudiates our sovereign will.It will be unconstitutional.International criminal court is noxious ,neo-colonial and vindictive”.In his analysis opinion piece [Saturday nation October 12] ,Magesha Ngwiri,stated that President Kenyatta should not ” give any satisfaction to an International Court that’s increasingly being seen as a tool for neo-colonialism”.

These are some of divergent views as uncertainty remains as to whether Kenyatta will attend the opening of his trial amid reports that the U.N might postpone his case for a year.Most are arguing that Kenyatta shouldn’t honour his date with International criminal court because doing so belittles and undermines his constitutional mandate and his executive office.In their considered arguments they are arguing that as the President of the Republic of Kenya,Mr.Kenyatta do have an obligation to discharge his duties as required by the constitution

To their views unlike the time he was indicted where he was a private citizen ,nowadays things have changed as he is the president of the Republic of Kenya,where he is immune to any prosecution until he leaves office

And,as the date draws nearer for President Uhuru to appear before the International criminal court’s judges to answer to the charges he is facing ,alot is being debated.According to one school of thought ,the president is being advised not to attend to the trials .In their arguments no sitting president is subjected to judicial trials while in office and so I.C.C should wait until his term in office is over

These school of thought is led by Foreign Affairs cabinet secretary ,Amina mohammed. And,it is these school of thought that forced the African Union to call an extraordinary special summit to discuss the Kenyan cases at International court.And ,many nations throughout the world have joined Africa’s outraged voices against the manner in which the International criminal court intervenes in regional and national crises.While it is clear that the court is biased in it’s interventions ,the response of it’s key defenders is characteristically impervious,obdurate and patronising

The African Union special summit mandated Kenya to write to the UN security council ,with all member states appending their signatures seeking the deferral of the cases under Article 16 of the Rome statute,which established the I.C.C.And,if what they have termed as unfair treatment of the Kenyan cases continues ,they will convene another extraordinary African Union summit at the end of next month to announce far reaching measures

But,according to France president ,Francois Hollande,”if the African states have a problem ,they should look at ways of solving it within the I.C.C framework”.

The Court’s spokesman Fadi El Abdallah,said that it is imperative that Kenyatta attends his trial in person in accordance with Article 63 of the Rome statute which requires that all accused persons be present in court.The I.C.C will proceed with the trial of President Kenyatta despite efforts by the African Union to have it deferred ,or,stopped.

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