Why Uhuru picked Ruto to act as president during Hague trip

President Uhuru Kenyatta’s decision to temporarily relinquish the presidency to his deputy, William Ruto, was a legal masterstroke meant to take care of the competing interests around his appearance at the Hague-based International Criminal Court, analysts said.

Mr Kenyatta, who is required to attend a status conference on his four year trial for international crimes, Monday said he would publish a gazette notice appointing Mr Ruto as acting president to enable him attend court as an individual.

Mr Kenyatta said he had taken the unprecedented step in order to avoid putting Kenya’s sovereignty on trial before the Hague court.  

“Let it not be said that I am attending the status conference as the President of the Republic of Kenya. Nothing in my position or my deed as President warrants my being in court,” he said.

Mr Ruto’s appointment as acting president was made under Article 147 of the Constitution and allows Mr Kenyatta to attend the status conference as an ordinary citizen.

The decision to relinquish the presidency and honour his date with the Hague court is being seen as Mr Kenyatta’s acrobatic act of appeasing his die-hard supporters who have been urging him not to comply with the orders requiring him to be personally in court as it would dent the sovereignty of the nation.

It also takes good care of Mr Kenyatta’s African Union friends who have stood by him and only last year passed a resolution barring any sitting African head of state from being tried at the ICC.

Most importantly, attending the status conference helps Mr Kenyatta to avoid a direct confrontation with the Hague court that could, among other things issue a warrant of arrest against him, curbing his movement outside the country. 

The ICC has charged Mr Kenyatta with crimes against humanity arising from the 2007/08 post-election violence.

In his address to a special sitting of Parliament, Mr Kenyatta said those who are concerned that his personal attendance at the ICC compromises the security of Kenyans or sets precedence for attendance of presidents in court must be assured that is not the case.

“To protect the sovereignty of the Kenyan republic I now take the extraordinary and unprecedented step of invoking Article 147 (3) of the Constitution and I will shortly be issuing the legal notice necessary to appoint William Ruto, the deputy president, as acting President while I attend the status conference.

As acting president, Mr Ruto’s powers are limited as he is barred from executing some functions, including nomination or appointment of the judges of the superior courts, senior public officers, dismissal or appointment of Cabinet secretaries, high commissioners, ambassadors nor exercise the power of mercy.

Mr Ruto is also facing crimes against humanity charges alongside former radio presenter Joshua arap Sang. Their cases are ongoing at the ICC.

Mr Kenyatta expressed disappointment with ICC prosecutor Fatuo Bensouda for continuing with the case even after informing judges last year and again last month that she had no evidence to sustain a case against him.

He said when the prosecutor admitted that there was insufficient evidence; he thought that the matter would be dropped for lack of evidence.

“Instead, the prosecutor requested an indefinite postponement of the case and shifted focus to the government of Kenya to provide the evidence,” he said.

Mr Kenyatta said he was excluded from dealings between the prosecutor and other organs of government and his legal representatives were also excluded.

“In compliance with this order, I have not interfered with investigation by prosecutor in his dealing with government…I was kept in suspense. I have co-operated with prosecutor to assist in establishing truth at all material time,” he said.

He said his accusers both locally and abroad have painted an image that he is an embodiment of corruption and impunity, ignoring the fact that Kenya participated in the creation of ICC and mobilizing African member states to sign up to it.

Mr Kenyatta said he and his deputy had played their role in healing the country after the post-election violence adding that since he took the mantle of leadership of the country in April last year he has focused attention to rehabilitation and restoration of Kenyans affected by 2007/08 post-election violence.