Kenya: ICC trial a threat to EA regional stability

Nairobi. Kenya’s constitutional order risks collapse with the indictment of its leaders, Attorney General Githu Muigai has said.

Mr Muigai told the Assembly of State parties at The Hague that Kenya was by default important to the security of East African countries.

“The political impact of indictment would be great, there has to be immunity to heads of state who are sitting,” said Mr Muigai.

“We have allowed double standards to take route in international justice, France for instance faced prosecution and were excused, why not Kenya?”

He added that the continuity of the State would be affected, yet Kenya is still a developing state.

“International countries should not play Russian roulette with our country, reconciliation and healing is fundamental when all is said and done,” said Mr Muigai.

“Indictment of heads of state by ICC will only cause more unrest and take us back to square one.”

Kenya’s President Uhuru Kenyatta and Deputy President William Ruto face charges at the International Criminal Court related to the 2007-2008 post-election violence.

The special segment of the Assembly of 122 State Party meetings was organised to hear out Kenya’s voice on the amendment to the Rome Statute.

Kenya is pushing for amendments of the Statute to stop the court from indicting sitting heads of State and government.

The legal counsel of African Union Ms Djenna Diarra, also expressed concerns over the work of ICC especially in Kenya and African countries.

“The principles that ICC bases its analysis and investigations on are disconnected, there is a selective approach in its investigations as other heads of State are exempted from trials,” Ms Dierra said.

She said the principles of the international court must be pursued to promote growth but not to destroy it.

She added that the AU has established a high end panel that would handle the issue to ensure that growth and stability is promoted in Kenya.

“Africa is worried about the proceedings and we need to be listened to,” she added.

Russian representative at the Assembly said Kenya’s presentation on the indictment issue was convincing and must be considered by the ICC.

“The timing of this whole process especially when the culprits are the heads of state could be a major blow to the African continent as a whole,” said the Russian observer.

Professor of international law Mr Shariff Basuni agreed with the sentiments saying that Article 27 of the Rome Statute does not reflect customary laws.

“The provisions pose conflicting approach to standards of State Parties, while customary international laws do not provide immunity to heads of State.

He said the question of State Parties’ immunity is worth discussing and should be taken seriously by the ICC.

“After all when African countries signed treaties with the Statute, they agreed that ICC was to reinforce capabilities of national legal systems to function better,” said Mr Basuni

In administration of justice, prosecutors chose good judgment so that justice is not compromised but utilised.”

Some of the 122 Assembly of State members supported Kenya in advocating for immunity.

Germany representative said justice is a prerequisite of long lasting peace, use of video links and amendment of the Statute should be considered.

Democratic Republic of Congo representative said the ICC should not kill off the “wonderful concept.”

Belgium, Norway and Romania were against Kenya’s proposal saying the Rome Statute should not be amended to grant immunity to heads of state.