Nairobi, Kenya: Kenya will not file any application to the ICC over the resolution of the African Union, Attorney General Githu Muigai has said.
Attorney General Githu Muigai
The AG clarified that Kenya was not part of the cases going on at the court and instead castigated the court of being unreasonable in its rulings and directions.
“There is no interaction whatsoever between the accused and the witnesses during the court process. Nine out of ten are behind the curtain, their voices are muffled there is no utility for continued presences at the court. We think it is unreasonable demand by the court,” said Githu.
The AU Heads of State have asked President Uhuru Kenyatta not to attend the ICC case where he is accused.
“Kenya as a state party has filed several amicus submissions to the court but has not filed any submission on the resolution of the AU. It is the considered opinion of Kenya that it is undesirable and counterproductive to require a sitting President and his deputy to be in that position,” the AG said.
The AG made the remarks during an interview with a European Television programme. However, the AG warned that Kenya’s continued cooperation with The Hague based court would be subject to the Kenyan Constitution and interpretation of the Rome statute.
“Our continued cooperation will be subject to our own constitutional law and interpretation of the Rome Statute. Therefore Kenya reserves all her rights,” added Githu.
Asked whether he would also advise Uhuru a not to attend the trials, Githu said that there are competent legal advisors both locally and internationally who will advise him accordingly on whether he should attend or not.
“I cannot speak on that, his legal advisors will make such decisions. The President has able advisors and very competent counsel,” said the AG.
By Rawlings Otieno, The Standard
