Wednesday, November 20, 2013
Britain has received a cold reception from Kenya to its proposal that
President Uhuru Kenyatta and his deputy William Ruto attend their trials
at The Hague through video links.
And in Parliament, the Chairman of the Committee on Defence and
Foreign Relations Ndung’u Gethenji (Tetu) Tuesday got the nod from
National Assembly Speaker Justin Muturi for MPs go into an emergency
sitting to discuss the mode and status of Uhuru’s trial at the
International Criminal Court (ICC).Britain’s proposed amendment
is being interpreted as designed to scupper Kenya’s backing of the
African Union push for immunity from prosecution for sitting heads of
state.
The tough line by Kenya signals a confrontational stance between the country and Britain at the ICC conference today.
But the British High Commission in Nairobi refused to be drawn into the issue.
“You
are still harking back to last week and we have moved on,” said John
Bradshaw, head of communications at the British High Commission in
Nairobi. “I can only confirm that we are tabling the amendment at the
ASP on video conferencing and we hope that all parties will consider the
amendments constructively,” Bradshaw added.
In Government circles
the proposal is seen as an attempt to torpedo Kenya’s quest to stop the
trial of President Uhuru Kenyatta and his deputy William Ruto at the
Assembly of States Parties to the ICC.
“No one wants what the
British are offering. No one asked them to present it and they should
keep it to themselves because that is not what Kenya and Africa are
taking to the State Parties meeting,” a top official said on condition
of anonymity Tuesday.
“When Kenya sought Britain’s help at the
UNSC, they not only declined but also incited Guatemala and Argentina to
ensure Africa didn’t get the nine votes,” claimed the Kenyan official.
Britain,
which is among the eight UNSC members that abstained from the vote that
sank Kenya’s deferral request, has proposed an amendment so Uhuru and
Ruto are not required to be present in The Hague courtrooms.
“A
number of amendments have been tabled, including one by the United
Kingdom on presence through video technology,” Ambassador Mark Lyall
Grant of Britain told the UNSC on Friday, while explaining that the
Assembly of States Parties to the Rome Statute meeting is the right
forum to address Kenya’s concerns.
The ICC has also made arrangements for a possible trial without the Kenyan leaders being physically present at The Hague.
“Additionally,
in the Kenya cases Chambers envisage having the accused follow the
hearings via video teleconferencing (VTC) from Nairobi,” provided the
2014 ICC budget proposal is approved at the conference next week, says
Britain.
Its proposal is seen as a spoiler by Kenya as it waters down an
earlier protest against having the two leaders confined in The Hague
courtroom and can divide the 122 members.
“In a way it is a very
intelligent political move on the part of the Britain. They have kind of
pulled the rug from under the feet of Kenya, which is left with nowhere
to stand,” said Paul Mwangi, an advocate of the High Court.
Mwangi,
who served as former Prime Minister Raila Odinga’s advisor on legal
affairs, explained that some nations are likely to be persuaded to
support the UK’s proposal, viewing it as a compromise. “I don’t see the
blanket immunity sought passing. The international court was created to
deal with impunity and you can’t deal with impunity by granting
immunity,” Mwangi added.
But the Kenyan official said Africa will
prevail at the conference after the setback at the UNSC where the
support of seven members was insufficient to secure a deferral of ICC
cases.
Eight UNSC members including the UK abstained from the
vote, denying the resolution the mandatory nine votes required to
enforce it.
“At the conference Africa has the support of Asian
members and is strongly lobbying to get the backing of 81 members needed
to amend the Rome Statute,” the official added.
“The decision by
some permanent members of the UNSC to abstain from voting on the AU
request for deferral was a disappointment,” Foreign Affairs Cabinet
Secretary Amina Mohamed said after the vote.
Kenya is pressing
amendments to shield sitting presidents or anyone who can act in that
capacity from prosecution, take away the power to sanction deferral from
the United Nations Security Council and to review how the prosecutor
investigates cases.
Kenya is not pleased with the video technology concession because it does not stop the president from appearing in The Hague.
This
is because the ruling in October by Trial Chamber V (B) granted
President Uhuru exception from continuous attendance conditionally.