Top ICC principals, including the court’s president Sang-Hyun Song, have told off Kenya regarding a controversial agenda that the country wants discussed at an upcoming forum in New York.
In a clear signal that Kenyan Permanent Representative to the UN Macharia Kamau could be complicating the twin Hague cases, the three principals said what Kenya is seeking amounts to “interference with the independence of the court”.
“The court notes with concern that many of the issues proposed to be discussed by the assembly in the context of the referred special session relate to matters that fall within the judicial and prosecutorial competence of the court,” reads the ICC letter.
The letter was written by Song, Prosecutor Fatou Bensouda and Registrar of the Court Herman Von Hebel.
Kamau wants the Assembly of States Parties to discuss the conduct of the judges as well as the prosecutor during the ASP week-long meeting in the US.
The meeting takes place on December 8-17.
Kenya, through Macharia, has accused the court of incorrect interpretation of the Rome Statute, politicising the Kenyan cases and continuing to prosecute cases that do not meet evidentiary thresholds.
But speaking to the Star yesterday, human rights lawyer Njonjo Mue said Kamau has proved Bensouda’s allegations that Uhuru is using the state to fight off his ICC charges.
“Macharia is abusing his diplomatic privileges. His statements are factually incorrect, utterly disrespectful and undiplomatic,” the High Court advocate said.
“His attacks on the court support prosecution assertions that Uhuru controls all state organs and that even public officials work on his best interest, not that of the country or even victims of the violence.”
Two weeks ago, Macharia unleashed a scathing attack on the ICC in the presence of the court’s president.
Meanwhile, the case against Deputy President William Ruto and his co-accused Joshua arap Sang at The Hague enters the last leg as it resumes today.
There are only five prosecution witnesses left although there are indications two more may be compelled to testify.
