ICC big dilemma over Uhuru-Ruto presidency

R.B · 2012-12-19T13:11:30+00:00

URPs William Ruto (left) and Uhuru Kenyatta of TNA have been charged with crimes against humanity by the ICC. [Photo: File/Standard] That the pending criminal charges against Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto could ground their ambitions for Kenyas Presidency is in doubt. The trial for crimes against humanity at the International Criminal Court is likely to have a devastating effect on a Government formed either by Uhuru or Ruto and even worse by both of them. That has been explored and all pros and cons over The situation analysed in details since the charges against them were confirmed early this year. What has not been fully looked into is the other side of the coin how the Uhuru/Ruto government could affect the twin ICC trials, which start in April next year. Is there a remote possibility that the Uhuru/Ruto presidency would scuttle the cases and allow them to enjoy total freedom and serve full term? An affirmative answer to that question would provide the biggest motivation for them to ascend to the presidency. According to the latest political arrangements, Ruto is guaranteed the deputy presidents slot should his political coalition win the March 4, 2013 polls. Uhuru will fight it out with his fellow Deputy Prime Minister Musalia Mudavadi for the coalitions presidential ticket. The outcome then, could be a Government with Mudavadi as president and Ruto as deputy or both Uhuru and Ruto as president and deputy respectively. Whichever the case, the presence of the two suspects in the top leadership will come with its consequences, either to the country or even to their trials. Rome statute The first question is whether a Kenyan president would submit himself for an ICC trial if and when needed to. Under the Rome Statue, it is mandatory for the suspects to be present at The Hague during trial. Failure to attend means the trial would not proceed and a warrant of arrest would be issued against the suspects. Uhuru and Ruto are free on condition they abide by all the terms and conditions set by the Pre-Trial Chamber last year and adopted by the Trial Chamber this year. The two have pledged full cooperation with the court. The lawyers gave an undertaking during the status conference mid this year that the suspects would abide by all rulings made by the Trial Chamber regarding their attendance. The court expects them to keep the undertaking irrespective of their status. Chief ICC Prosecutor Fatou Bensouda visited Kenya in October and drummed up the message that nothing would change.

Thread starter R.B
Start date Dec 19, 2012

R.B

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ICC big dilemma over Uhuru-Ruto presidency

R.B

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