The Kenyan President, Uhuru Kenyatta, has filed a fresh application seeking to be excused from attending his trial in person before the International Criminal Court (ICC), set to begin on Nov. 12.
The Kenya’s Kapital FM reported on Tuesday that President Kenyatta had alternatively asked for permission to be part of the trial through a video link in the event that the first request failed to scale through.
The request was lodged on the heel of the terror attack at the Westgate mall, where suspected gunmen killed 68 persons and injured about 200.
Kenyatta’s request also came, when the AU had concluded plans to hold an extra-ordinary Summit on Oct. 13 in Addis Ababa, to resolve on the ICC trial of the Kenyan top officials, the President and his Deputy William Ruto at The Hague.
The report said Kenyatta’s lead counsel, Steven Kay had requested that the accused be conditionally excused from continuous presence at the trial.
The counsel requested that Kenyatta should only appear at the opening and closing as well as delivery of judgments before the ICC even before the Nov. 12 trial begins.
Kay said in the application that“ in the alternative, Kenyatta should be allowed to attend the trial continuously by means of video link”.
“Kenyatta’s election as President of the Republic of Kenya on March 4 constituted a significant change in circumstances that necessitated the fresh consideration of the issue, particularly in light of his extraordinary and exceptional roles and responsibilities as an incumbent Head of State.
“The people of Kenya were fully informed about the ICC proceedings when they elected President Kenyatta to lead the nation, and, having done so, they have a legitimate expectation that their country’s democracy should be respected by the wider international community,“ the counsel said in the application.
Kenyatta’s application came after the ICC Trial Chamber V allowed Deputy President William Ruto to travel to Kenya for a week in relation to the Westgate attack.
Kenyatta had on Feb. 14 participated in a status conference via video link, during which ICC Judges had asked Kenyatta counsel to file written submissions in case they wanted to use video link on a regular basis.
Meanwhile, the AU Commission has yet to release details of the extra-ordinary Summit programme, as most of the top officials are attending the 68th UN Assembly.
