PRESIDENT Uhuru Kenyatta will seek to address the ICC judges over his suspended trial when he appears at The Hague next Wednesday.
Yesterday, Uhuru’s ICC lawyers and political advisers were scheduled to meet and discuss the implications of Tuesday’s decision.
Sources said there is agreement that arrangements should be made for the President to travel to The Hague.
“Defying the court may put the country in an awkward position as the President had already committed in writing to attend all sessions when required by the Court to do so,” one source said.
According to sources, the President will seek to exonerate himself from the accusation by Prosecutor Fatou Bensouda that he is obstructing ICC investigations.
“Bensouda has directly accused him of using his position as President to block the government from cooperating with her office. We expect him to address the Court as he has done before when he appeared and dismiss these claims,” the source said.
Uhuru will also express his opinion with regard to the delay in the start of his trial occasioned by repeated adjournment requests by the Prosecution.
The President will then leave it to his lawyers and Attorney General Githu Muigai to make submissions on cooperation between the Government and the Prosecution.
Having already dismissed Uhuru’s application to be excused, the judges are expected to give the agenda of the October 8 status conference by tomorrow.
The judges have already said that the October 7 status conference will discuss the state of cooperation between the Prosecution and the Kenyan Government.
Githu has been invited to attend this session and will be accompanied by Solicitor-General Njee Muturi.
“Separately, to facilitate the fair and expeditious conduct of proceedings, the Chamber convenes a second status conference on Wednesday, 8 October 2014, to discuss the issues raised in the Notice and the responses thereto,” the judges said two weeks ago.
The Notice referred to by the judges was filed by Bensouda, who requested that the case be adjourned indefinitely, pending cooperation by Kenya.
“From an evidentiary standpoint, the situation is the same as when the Prosecution sought an adjournment of the trial date on 19 December 2013 – the available evidence is insufficient to prove Mr Uhuru Kenyatta’s alleged criminal responsibility beyond reasonable doubt,” Bensouda said.
She added that it would be inappropriate to withdraw the charges at this stage in light of “the Government of Kenya’s continuing failure to cooperate fully with the Court’s requests for assistance and Mr Kenyatta’s position as the head of the GoK”.
These are the issues that the Court will be addressing on Wednesday and which the judges will seek Uhuru’s comments on.
An ICC source said that the issues raised by Bensouda do not only touch on the government but bring in Uhuru in his individual capacity.
The ICC judges on Tuesday ordered Uhuru to personally attend the session, making him the first siting Head of State to appear before The Hague court.
The judges said since the date was the same day that the trial was scheduled to start, the President’s reasons for excusal do not stand.
Uhuru’s defence will seek to get an immediate decision on their request for termination of the case during the status conference.
The defence will ask the Court to drop the charges on behalf of Bensouda, who has admitted she does not have sufficient evidence.
– the-star.co.ke
