AU- Kenyatta don't go to ICC

 President Uhuru Kenyatta

The African Union (AU) has unanimously resolved that President Uhuru Kenyatta and his Deputy William Ruto should not appear before the International Criminal Court (ICC).

AU has said that, ICC and the United Nations (UN) Security Council must give the Kenyan presidency space to carry out its national obligations.

President  Kenyatta , addressing fellow Heads of State at a special Summit of the African Union in Ethiopia said the global court has become a toy of imperial Western powers and they had turned the court to a tool for manipulation and neo-colonialism of African States.

Kenyatta and his deputy Ruto have been charged with crimes against humanity for allegedly masterminding a vicious campaign of ethnic violence that left at least 1,100 dead and more than 600,000 homeless after disputed 2007 elections.

ICC believes that, between 24 and 28 January 2008 there was an attack against the civilian residents of Nakuru and Naivasha perceived as supporters of the Orange Democratic Movement, in particular those belonging to the Luo, Luhya and Kalenjin ethnic groups.

According to ICC, the attack resulted in a large number of killings, displacement of thousands of people, rape, severe physical injuries and mental suffering, thus, the evidence established substantial grounds to believe that the crimes of murder, deportation or forcible transfer, rape, other inhumane acts and persecution were committed. 

The court believes that Kenyatta is criminally responsible for the alleged crimes, as indirect co-perpetrators, pursuant to article 25(3) (a) of the Rome Statute, having gained control over the Mungiki and directed them to commit the crimes.

ICC is being accused of double standards, and according to AU Commission Chairperson Nkosazana Dlamini-Zuma, the ICC must balance the need for reconciliation and the need for justice.

The ICC  Prosecutor will have the burden of proving the guilt of the accused beyond a reasonable doubt, pursuant to article 66 of the Statute.  The ICC so far has issued indictments linked to conflicts in nine countries, all of them in Africa. 

African countries account for 34 of the 122 parties to have ratified the ICC’s founding treaty, which took effect on July 1, 2002. 

AU leaders has said, President Kenyatta and his Deputy must be allowed to lead the country in the consolidation of peace, reconciliation, reconstruction, democracy and development as per the will of the Kenyan people, expressed in the elections in March this year.

The Kenyan Head of State had earlier told the Court that the ICC was being used by western powers to force the Kenyan presidency adopt certain policies favourable to these nations.

“Western powers are the key drivers of the ICC process. They have used prosecutions as ruses and bait to pressure Kenyan leadership into adopting, or renouncing various positions. The threat of prosecution usually suffices to have pliant countries execute policies favourable to these countries,” he said.