Kenyas bid to stop use of Rule 68 referred to ASP Bureau

Kenya’s agenda seeking to stop the International Criminal Court (ICC) from adopting Rule 68 that allows the use of recanted testimony has been referred to the Assembly of States Parties (ASP) Bureau.

Kenya’s bid, fronted at the ASP meeting in The Hague by Foreign Affairs Cabinet Secretary Amina Mohamed and Defence CS Raychelle Omamo, received support from neighbours Uganda and Colombia.

The Bureau, which is the executive committee of ASP, is set deliberate on the matter before forwarding its decision to ASP for further deliberation.

Civil Society, led by Gladwell Otieno, had opposed Kenya’s agenda saying it was bad enough that it had earned a slot in the Assembly of States Parties at the Hague in Netherlands.

“Asking ICC to halt the application of Rule 68 is like asking it to be silent on the voices of victims of the 2007/08 post election violence,” she said.

“ASP should be very clear in defending the integrity and independence of ICC by not allowing such agenda like those being fronted by Kenya and South Africa.”

Since Thursday, Kenya has been lobbying for support from member states of the Rome Statute, especially from the 34 African states, on the same matter.

Speaking during the assembly, Foreign Affairs Cabinet Secretary Amina Mohammed stated that African countries are committed to the fight against international crime.

“African countries represent a third of the members present at the ASP, hence then notion that we lack the political will to fight against international crimes is a fallacy,” stated the CS.

Kenya and South Africa have joined forces at the ASP, with both countries putting pressure on the criminal court to change how it deals with African states.

In June, the ICC rebuked South Africa for not extraditing Sudan’s leader, Omar al-Bashir, when he was in the country in for Nelson Mandela’s burial.

ICC Prosecutor Fatou Bensouda, who had earlier warned delegates not to discuss matters that are before the court, said that the ICC would not tolerate those attempting to pervert the course of justice.

“It is my firm conviction that it is important to send a clear message that tampering with witnesses will have consequences and that perverting the course of justice will be not be tolerated.

In response to the intense lobbying on the Kenyan cases before the ICC, Bensouda stated that she will maintain independence in the execution of her duties.

“As prosecutor I cannot and will not shy away from my duties and responsibilities under the Rome Statue. I must exert prosecutorial independence in the discharge of this mandate,” affirmed the Bensouda.

Following the contested 2007 general elections violence broke out in numerous places across the country. After failed attempts to bring perpetrators to book in Kenya, the matter was referred to the ICC as Kenya is a signatory to the Rome Statute.

In 2013 ICC Prosecutor Luis Moreno Ocampo announced that he was seeking summonses for six people who were deemed to borne the greatest responsibility for the violence.

William Ruto, Uhuru Kenyatta, Henry Kosgey, Francis Muthaura, Joshua Arap Sang and Mohammed Hussein Ali were brought before the court to answer charges of crimes against humanity.

Currently, only two (Ruto and Sang) of the ‘Ocampo Six’ are still facing charges at the ICC.