Why Ruto's ICC case will not end soon
29 January 2016, 18:44
Nairobi - DP William Ruto, the Jubilee Coalition and friendly African states want the International Criminal Court ICC trial against him to end. But it is all in vain.
One of the agendas of this weekend's African Union Summit will be to speak on a report which is likely to be adopted by African states.
The report seeks to push for the withdrawal from the ICC by the 32 states that are part of the Rome statutes.
Kenya has on a number of occasions tried to push for the agenda in different forums but it might be a futile effort, well as far as saving Ruto is concerned.
First of all, to withdraw from the ICC will take well over a year as required by the laws of the statutes and for Ruto, it will not change anything as regards his case.
Article 127(2) clearly states that in the case of a withdrawal, ongoing cases such as Ruto's will continue to the end.
" ‘Its withdrawal shall not affect any cooperation with the Court in
connection with criminal investigations and proceedings in relation to
which the withdrawing State had a duty to cooperate and which were
commenced prior to the date on which the withdrawal became effective,
nor shall it prejudice in any way the continued consideration of any
matter which was already under consideration by the Court prior to the
date on which the withdrawal became effective," it reads.
So why is the government still so keen on fighting for withdrawal from the Rome statutes?
Observers believe that by doing so, whether Ruto is convicted, Kenya can refuse to cooperate once out of the bondage of the statutes.
That could be one angle.
The other could be to shield future cases from the ICC.
That said, Kenyans are on record in a number of opinion polls that they do not wish for the country to be removed from the ICC, saying the court will stand for the rights of citizens especially with the corrupt state of the local judiciary.
" The government is trying to bully the ICC in effect. To show them that they are up to save Ruto. That is why they are going on with the campaigns. There is nothing they can in effect do about the case in fact but they can push hard through other quarters including the AU," Josh Mckinsley an international law expert told News24.
Political observers on the other hand feel that President Uhuru Kenyatta is trying to show the DP and his supporters that he has his back even though he knows that he can not affect anything directly.
" It might be a political ploy for 2017. The Kalenjin community will see that the President has done his best to save the DP. That will see him land the critical Kalenjin vote come 2017," Political analyst Michael Njenga believes.'
All focus will be on the AU this weekend to see whether they will agree to quit the Rome statutes.
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