Kenya risks isolation if it ditches ICC, say lawyers

Monday, April 18, 2016

President Uhuru Kenyatta speaks at Afraha Stadium on Saturday / BEN NDONGA

advertisements

Kenya risks being isolated among other nations if it fails to co-operate with the ICC, lawyers have warned in criticism of President Uhuru Kenyatta.

International law experts yesterday told the Star Kenya remains a State Party to the Rome Statute and failure to co-operate with the International Criminal Court would be a violation of Kenya’s own constitution. “Kenya remains obliged to comply with the ICC,” Fergal Gaynor, victims’ lawyer in the defunct Uhuru case, said.

“This is a treaty obligation under the Rome Statute and under the Vienna Convention on the Law of Treaties. Kenya’s obligation to comply also exists under Kenyan law, in particular under the International Crimes Act 2008.” On Saturday, Uhuru said no Kenyan will ever face trial at The Hague again, setting the stage for a major showdown with the ICC over the extradition of three Kenyans.

“I will not allow any other Kenyan to be tried in a foreign court. As a country, we have closed the ICC chapter,” Uhuru said at a thanksgiving rally in Afraha Stadium, Nakuru. Alex Whiting, a professor of international law at Harvard University in the United States, said Uhuru is now openly saying he will not abide by the law.

“Kenya signed and ratified the Rome Statute, and therefore it has a legal obligation to co-operate with the court,” Whiting told the Star. He said the international community will also have to take a position on Kenya.

“The ICC will continue to insist that Kenya co-operates with the court, and the international community, in particular other members of the ICC, will have to decide if they will also demand that Kenya fulfil its legal duties,” Whiting said. He said Kenyans will also ultimately have to decide if they want a President who does not follow the law.

Former journalist Walter Barasa, lawyer Paul Gicheru and Phillip Bett are wanted by the ICC for alleged witness interference.

Uhuru says no one will go to icc

During a thanksgiving ceremony at Afraha Stadium, Nakuru, on Saturday, President Uhuru Kenyatta said no Kenyan will ever face trial at the International Criminal Court again. “I will not allow any other Kenyan to be tried in a foreign court. As a country, we have closed the ICC chapter,” Uhuru said. He said Kenya has courts capable of trying anyone for any crime. Three Kenyans are wanted by the ICC for alleged witness intereference in DP William Ruto and Joshua Sang’s case.

Home
Email

Hiiraan Online