The High Court has declined to issue orders to block President Uhuru Kenyatta and his Deputy William Ruto from attending the International Criminal Court trials.
Justice Weldon Korir rejected the application by the National Conservative Forum, a civil society group, that moved to court on Tuesday seeking orders to block the two from travelling to the Hague
Justice Korir however directed the petitioner to file and serve their submissions to respondents.
The case will come up for hearing on the 9th September 2013.
The National Conservative Forum in its application said the President and his deputy should not travel to the Hague to face trials
The organizations argues that if the two leaders travel to the Hague, the country may become unstable.
It proposes that the trial of the two should be done after their term in office is completed.
‘The country may be unstable or create a power vacuum and a constitutional crisis” the organisation says
The group contends that the constitution requires both the President and his Deputy to be in the country, unless one of them is out of the country on normal and official state duties.
In an affidavit to the court, the head of the National Conservative Forum Jennifer Shamalla said since Kenya faces both internal and external security threats, the absence of Kenyatta and Ruto would put the country and its citizens at a security risk.
The move comes even as ICC warned against politicization of the cases against the three Kenyan suspects.
The ICC says the continued interventions in Kenya does not amount to contravention of Kenya’s sovereignity
The Court further says withdrawal from Rome Statute or a referendum on co-operation with the ICC will not affect ongoing cases.
It says such actions will only enter into force one year after withdrawal instruments are deposited.
Meanwhile, ICC Prosecutor Fatou Bensouda says she will call 40 witnesses and she is at liberty to add them.
The trial against Deputy President William Ruto and Joshua Arap Sang is set for Tuesday next week while that of President Kenyatta will start in November.
By Beth Nyaga
