President
Kenyatta is also required to be present during sentencing hearings, the
delivery of sentencing, the entirety of victim impact hearings, as well
as reparation hearings/FILE
NAIROBI, Kenya, Oct 18 –
President Uhuru Kenyatta has now been allowed to skip some of the
hearings of his International Criminal Court (ICC) trial, set to begin
on November 12.
Trial Chamber V(b) judges said they allowed
President Kenyatta’s request in respect of his rights and also in
consideration of protection of victims and witnesses.
“Today, 18 October 2013, Trial Chamber V(b) of the International
Criminal Court (ICC) issued its decision conditionally granting, the
request to excuse Uhuru Muigai Kenyatta from continuous presence at his
trial, scheduled to start on 12 November 2013. The decision was adopted
by majority, Presiding Judge Kuniko Ozaki dissenting,” the Public
Affairs Unit indicated.
The judges however made it mandatory for Kenyatta to attend the
opening and closing statements of all parties to the case and during the
presentation of victims’ views.
Kenyatta will also be required in person during the sentencing
hearings, delivery of the sentence, during the impact hearings of
victims and also during reparation hearings.
He will also be required to be physically present upon the request of the court.
“The majority required Mr Kenyatta’s physical presence for the
entirety of the following sessions: the opening and closing statements
of all parties and participants, hearings when victims present their
views and concerns in person, the delivery of judgement in his case and
any other attendance ordered by the Chamber.”
The judges in granting him his application considered his plea based
on his duties in the office of the President of Kenya; “the majority
reiterated, in a similar vein to Trial Chamber V(A)’s decision of 18
June 2013, which granted Mr Ruto a similar relief, that Mr Kenyatta’s
excusal is strictly granted to accommodate the demanding functions of
his office as President of Kenya, and not merely to gratify the dignity
of his own occupation of that office.”
However the judges warned Kenyatta that if he violates any of the
conditions, he risks a warrant of arrest or revocation of his
application. “The majority asserted that violations of any conditions
of Mr Kenyatta’s excusal may result in revocation of the partially
granted request, and/or the issuance of an arrest warrant, where
appropriate.”
Kenyatta made the application replacing his earlier bid in which he was seeking to attend his trial via video link.
The judges denied the request for a via video link explaining that it
requires logistical requirements in terms of finances, technological
setups and human resources.
The decisions by the judges come amidst pressure and controversy over whether President Kenyatta should attend the trial.
Whereas the African Union (AU) made a resolution that Kenyatta and
his deputy William Ruto should not attend the trials, Ruto is already in
The Hague for his case.
Even though there have been strong indications from the Foreign
Ministry that Kenyatta should not attend the trial, Kenyatta has
remained mum on the matter as his defence team has continued to
cooperate with the court.
On Wednesday, ICC Outreach Coordinator Maria Kamara said as far as
the court was concerned, Kenyatta was cooperating based on the
applications made by his defence team.
SOURCE: CAPITAL FM
