Kenya: Anxiety Builds as the ICC Trials Begins

By Staff Writer

The country remain anxious as two of its now most prominent citizens, President Uhuru Kenyatta and His Deputy William Ruto warms up to face criminal charges  before the ICC court for crimes against humanity.

Ruto has this morning Monday 9 September left the country for The Hague where he is to attend his trials at the International Criminal Court (ICC) which begins Tuesday 10 September 2013.

The reality of the possible absence of President Uhuru Kenyatta and his Deputy William Ruto for a month has dawned and is causing anxiety in government circles.

The trial for the Deputy President and his co-accused radio presenter Joshua Sang will run from September 9 to October 4 and then resume after a 10-day break on October 14 to November 1 after which the judges will give a further timetable for the hearing. President Uhuru Kenyatta is scheduled to stand trial from November 12.

The country is staring at a power vacuum when the two leaders accused of crimes against humanity pitch tent in The Netherlands for trial.

According to a trial timetable by ICC Prosecutor Fatou Bensouda, Mr Kenyatta and Mr Ruto will appear before the judges between December 12 and December 13. While the deputy president’s case will be heard during the day, the President will defend himself in the afternoon. Journalist Joshua arap Sang is accused alongside Mr Ruto.

President Uhuru Kenyatta has said that it is not possible for him and the Deputy President William Ruto to be at The Hague at the same time. The President said that if he is out then Ruto should be in Kenya.

He said amid a fears of a power vacuum that may arise when the two leaders happen to be at the ICC at the same time following charges of crimes against humanity levelled against them.

“We will work with the ICC but it must understand that Kenya has a constitution and Ruto and myself won’t be away at the same time,” said Kenyatta.

Speaking at a public rally on the eve of Deputy President William Ruto’s departure for The Hague, Kenyatta cautioned the ICC that he and his deputy could withdraw their cooperation with the court unless their trials are rescheduled and set at different times.

The Head of State said he and his deputy sought to continue cooperating with the court but it must not make it difficult for them to cooperate.

He ruled out attending the ICC trials at the same time as his deputy, saying the ICC should not make it the mandate given to them by Kenyans. Ruto steered clear of the ICC debate, only urging Kenyans to continue praying for them as they face the challenge. He exuded confidence that they would triumph.

The underlying problem now is how the two will run the country and attend the court sessions, especially during national events such as Jamhuri Day which falls on December 12. The climax of the events will be the Kenya 50th Jubilee celebrations.

This is the first time in international criminal law where a democratically elected sitting president — and his deputy — are being tried at the same time.

The ruling Jubilee coalition is also said to be concerned about the possible replay of images of the post-election violence during the ICC trials from hot spots like Eldoret, Nakuru and Naivasha, whose residents voted together in the March 4 election.

It is significant that the government Saturday September 7 closed camps for the 2008 internally displaced, just two days before the start of the Ruto trial.

The prosecution on Friday September 6 opposed a proposal by the President to delay the trial until January to allow him time to examine more evidence relating to mobile phone data. President Kenyatta has also asked to be exempted from physically attending all court sessions.

However, Ms Bensouda rejected the argument, saying that President Kenyatta should be treated like any other suspect before the court.

“Granting such a request would violate the very bedrock of the legal principle to treat all persons equally,” she said during a preparatory conference.

The Rome Statute in Article 16 stipulates that the Trial Chamber is fair and expeditious and is conducted with full respect for the rights of the accused persons and this was never done in the first place.