Uhuru eyes exclusion from Barasa ICC plea
24 April 2014, 17:04
Nairobi - President Uhuru Kenyatta has disapproved a case filed by embattled journalist Walter Barasa on withdrawal of charges against him and his deputy at the International Criminal Court.
The President, through lawyer Kennedy Ogeto says he was improperly enjoined and listed in the suit, as he was not consulted and wants to be distanced with the case.
He therefore says he is not willing to participate in the issues raised in the case as it can proceed without his participation.
“The president is currently voluntarily defending himself at the ICC and does not wish to litigate issues relating to his ICC case before this court, he was not consulted before his name was included in the proceedings,” Mr Ogeto said.
“The issues raised in Barasa’s case can and ought to be resolved by the Court without Uhuru’s participation, the issues being raised in the current proceedings have no bearing on his case at the ICC,” the lawyer added.
Deputy President William Ruto who was also listed had earlier send his disapproval in being party to the case arguing that the Hague based Court will confirm his innocence.
Katwa Kigen for the deputy president had told the court in his suit papers that he is not afraid of going to the ICC because he is innocent of the charges against him and requested that the issues raised by the journalist can proceed without his involvement.
Barasa, who is fighting extradition to the ICC, moved to court seeking orders to quash Uhuru and Ruto’s cases on grounds that they are constitutionally invalid, null and void.
He argues that the Rome Statute was not in force in Kenya when the post-election violence occurred between December 3, 2007 and February 28, 2008.
Barasa though lawyer Kibe Mungai says the crimes against humanity leveled against Uhuru and Ruto on account of Article 5 of the Rome Statute were not recognized under Kenyan law or under Section 77 (8) of the defunct constitution during the bloody mayhem.
According to him, Kenya domesticated the Rome Statute effective from January 1, 2009 when Parliament enacted the International Crimes Act 2008.
The case is being handled by Judges Isaac Lenaola, Mumbi Ngugi and George Odunga whilst radio journalist Joshua Arap Sang, the Attorney General, Prof. Githu Muigai, the Director of Public Prosecutions, Keriako Tobiko and Interior Cabinet Secretary, Joseph Ole Lenku are also named in the suit.
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