The government has declined to disclose the wealth of President Kenyatta and his deputy, Mr William Ruto, to The Hague, arguing that it is prohibited by law.
Attorney-General Githu Muigai also advanced that requests for information on the assets, property and accounts of President Kenyatta, Mr Ruto and former journalist Joshua arap Sang required a court order, which ICC Prosecutor Fatou Bensouda failed to obtain.
Prof Muigai, in declaring the requests of the prosecutor unjustified, submitted that the Rome Statute which established the ICC only allowed The Hague’s court — and not the prosecutor — to require the Kenya to submit the information.
“The Government of the Republic of Kenya is barred, absent a court order, from undertaking such an exercise and consequently conveying to the prosecution information on properties identified,” he said in a application to Trial Chamber judges in charge of President Uhuru Kenyatta’s case.
Even if Ms Bensouda were to obtain such an order from the ICC judges, the AG submitted that it will require assurances that the information provided by the government regarding the assets, properties and accounts of President Kenyatta and his deputy Ruto will not be used to encroach into their privacy as provided for in the Constitution.
Should the court fail to provide the guarantees over the information being sought, he was categorical that the government would not yield.
“Until the prosecution furnishes the Government of the Republic of Kenya with such a court order… the Government of the Republic of Kenya will not be able to effect the relevant requests for assistance,” Prof Muigai’s strong-worded application states.
Prof Muigai argued that the requests were untenable.-nation.co.ke
