The International Criminal Court's building in The Hague. The National Conservative Forum is asking the High Court to order President Kenyatta and his deputy, William Ruto, to attend the ICC trials after the end of their term. AFP
What you need to know:
The National Conservative Forum (NCF) argues that there would be a constitutional vacuum if the President and his deputy were allowed to attend the trials.
NCF is asking the High Court to order the two to attend the trials after the end of their term.
The group is asking the court to find the ratification of the Rome statute inconsistent with the Constitution and to declare the International Crimes Act unconstitutional.
A civil society group has moved to the High Court seeking to block President Uhuru Kenyatta and his deputy, William Ruto, from attending the International Criminal Court trial at The Hague.
The National Conservative Forum (NCF) filed the case Tuesday, arguing that there would be a constitutional vacuum if the President and his deputy were allowed to attend the trials.
“A declaration that the Constitution requires both the President and the Deputy President to be in the country unless any and only one of them is out of the country on normal and official state duties of their respective offices,” states one of several declarations sought by the NCF through its trustee Jennifer Shamalla.
NCF is asking the High Court to order the two to attend the trials after the end of their term.
Further, it is asking the court to find the ratification of the Rome statute inconsistent with the Constitution and to declare the International Crimes Act unconstitutional.
Justice Weldon Korir certified the case as urgent and directed the petitioner to serve the Attorney-General, who is listed as the respondent, and return to court on Wednesday for further directions.
The group argues that the political arms of government — the executive and the legislature, which ratify treaties — have no capacity to endorse agreements that relinquish the rights and fundamental freedoms of Kenyans.
Ms Shamalla, in a sworn affidavit, further says the absence of the President and his deputy would put the country and its citizens at risk from external threats.
This is the latest attempt to stop the ICC trial slated to start in a week’s time for Mr Ruto and in November 10 for Mr Kenyatta.
The suit comes as Parliament is expected to cut short its recess to deliberate over the case against Mr Kenyatta and Mr Ruto, with tabling of a Bill to remove Kenya from the Rome Statute top on the agenda.
The Jubilee Coalition enjoys a strong majority in both the Senate and the National Assembly.
But the two leaders have been silent on the matter and are on record assuring the court of their compliance with any orders.
