Kenya’s Uhuru Kenyatta is due this morning to become the first sitting president to appear before the International Criminal Court, summoned over his floundering trial on charges of crimes against humanity.
The Kenyan leader is to be heard by the Hague-based tribunal after judges said the case against him for allegedly masterminding post-election violence in 2007-2008 was at a “critical juncture”.
Wednesday’s “status conference” hearing was called following the prosecution’s claims that the Kenyan government was withholding evidence against Kenyatta — claims rejected by the defence.
Kenyatta arrived in The Hague on Tuesday, having temporarily handed power to his deputy and erstwhile political opponent William Ruto.
Ruto is already on trial at the ICC for his part in the violence, while Kenyatta’s trial has yet to begin despite a drawn-out three-and-a-half year legal saga.
Kenyatta, 52, faces five counts at the ICC over his alleged role in orchestrating unrest in 2007 and 2008 that left 1,200 people dead and 600,000 displaced.
The Kenyan leader has appeared at the ICC before, but not since he was elected president in March 2013.
– Not enough evidence –
Kenyatta’s trial was originally scheduled to start Tuesday, but that was put off after prosecutors admitted they did not have enough evidence to proceed.
ICC chief prosecutor Fatou Bensouda last month asked for an indefinite postponement, saying Nairobi had refused to cooperate with a request for financial and other statements.
The prosecution hopes the documents will shed light on Kenyatta’s alleged involvement in the violence that brought one of east Africa’s most stable countries to the brink of civil war.
Prosecutors asked the ICC’s judges to rule against Nairobi for not cooperating in their probe, saying their case had reached a “deadlock.”
They want Kenyatta’s bank statements, tax records and telephone records during the violence. They believe that the documents could prove Kenyatta’s part in bankrolling and orchestrating the violence.
Kenya’s attorney general Githu Muigai vigorously denied the accusation, saying his efforts to assist had been hindered by his country’s bureaucracy.
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President Uhuru Kenyatta is an icon of peace and justice. He is appearing to prove the prosecution wrong. He is a harmless humble man full of humility.