The Attorney General’s Office has given a strong indication that Kenya could permanently cut ties with the ICC.
In a statement issued on Thursday, the AG’s office said, “As regards the issue of Kenya’s continued status as a state party to the Rome Statute, it is imperative to note that the Kenyan Legislature has twice passed a resolution on the withdrawal of the Republic of Kenya from the Statute. However, the question of the continued status of member states of the African Union within the Rome Statute framework is a live issue and is the subject of discussion within the African Union Open Ended Committee of Ministers of Foreign Affairs on the ICC which held its last meeting on April 11, 2016.”
To this end, the AG said that a critical consideration of the Open Ended Committee is the operationalisation of the regional criminal justice architecture through the African Court on Human and Peoples Rights.
The statement added that it is expected that the African Court shall cure the deficiencies of the ICC process by upholding respect for the principle of complementarity, revering the tenets of professionalism and integrity and holding with the highest regard the doctrine of impartiality and good faith in adjudication over international crimes within its jurisdiction.
In regard to the termination of the case against William Ruto and Joshua Sang, the statement said that seven years after the indictment of six suspects in the Kenyan Situations by the ICC Pre Trial Chamber II, the decision was on the basis of the evidence and arguments submitted to the Trial Chamber, resulting in the vacation of charges against the accused and their eventual discharge.
“During the pendency of the hearings before the Pre Trial and Trial Chambers, there has been the issue of outstanding arrest warrants issued against Walter Barasa, Paul Gicheru and Philip Kipkoech Bett for alleged witness interference. These are indeed serious charges alleging interference with the Administration of Justice under Art. 70 of the Rome Statute,” the statement said.
It continued, “As a responsible member of the international community of states, the Government of the Republic of Kenya is committed to ensuring that justice is done in respect of any allegations of impropriety against the defence or prosecution witnesses, or indeed any of its citizens and persons within its jurisdiction.”
“Consequently, it is the Government of Kenya’s position that the charges against the three suspects are for crimes that fall within Kenya’s normal criminal justice jurisdiction and can thus be effectively prosecuted and adjudicated domestically. Kenya reserves her right under the Rome Statute to demand respect for the principle of complementarity and moving forward, without prejudice to the ongoing cases, shall be engaging the ICC in seeking the handover of the investigation files, evidence and requisite information to support the preferring of charges and subsequent prosecution of the three accused locally. The Government of Kenya welcomes the setting up of the International Crimes Division on the High Court of Kenya, which the Executive has been requesting for establishment since 2012. This will provide the framework to address all other outstanding cases.”
The statement added that the Government of Kenya is committed to working together with “our partners in securing enhanced support to victims of the Post-Election Violence as well as all other victims of crime and injustice.”
So far, according to the AG’s office, the government has spent over Sh17 billion in resettlement of Internally Displaced Persons (IDPs). A further commitment of Sh6 billion is envisioned for the coming financial year.
“The government has also rolled out a comprehensive political programme designed to reconcile the country and deepen national healing and cohesion. We welcome true partnership in this endeavour and in the delivery of the justice, peace and reconciliation objectives that we aspire,” it concluded.