{UAH} Why Kenyatta Changed Mind on ICC
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Why Kenyatta Changed Mind on ICC
Kenya President Uhuru Kenyatta has announced he will travel to the InternationalCriminal Court (ICC) in Netherlands to attend the status conference of his case, a move observers say departs from the official position of African Union which recently resolved that sitting heads of state should not accept any interruptions by Hague.
Kenyatta told Parliament on Tuesday that Vice President Williams Ruto will be the acting President of Kenya when he is away.
"I am not attending the Status Conference as President," said Kenyatta, adding, "We stand with Africa as we look at our promising future."
He "the push to defend sovereignty is not unique to Kenya or Africa" and that he expects the "case would be dropped".
The ICC last week said Kenyatta should appear in Hague on October 7 and 8 for two status conferences to discuss the status of cooperation between the Prosecution and the Kenyan Government and issues raised in the Prosecution's Notice of 5 September.
On 19 September, ICC vacated the trial commencement date in the case of Kenyatta, which had been provisionally scheduled for 7 October, in order to have more time to consider the recent requests by the parties and participants to the trial, without prejudice to its ruling regarding those requests. The Chamber also convened two status conferences.
Mr Kenyatta is charged, as an indirect co-perpetrator, with five counts of crimes against humanity consisting of murder, deportation or forcible transfer, rape, persecution and other inhumane acts allegedly committed during the post-election violence in Kenya in 2007-2008.
Yet, the African Union last year demanded a deferral of Kenyatta's trial, saying "the unfair treatment that we have been subjected to by the ICC is completely unacceptable."
It also resolved that no sitting African head of state should appear before aninternational court.
At the same time, Kenyatta said, "The ICC has been reduced into a painfully farcical pantomime, a travesty that adds insult to the injury of victims. It stopped being thehome of justice the day it became the toy of declining imperial powers."
State of the Nation address
Kenyatta told Parliament that, "I have not interfered with protocol of cooperation between Kenya and the ICC," adding, "My Conscience has been clear, is clear and will remain forever clear."
In the State of the nation address, the President reminded MPs that "Kenya mobilized Africa to sign up for Rome Statute."
Kenyatta had an extraordinary cabinet session today morning during which he is said to have communicated his decision to travel to The Hague.
Responding to comments made by other leaders who spoke at a Church function in Nyandarua County this weekend, Kenyatta said, "You don't need to worry about this other issue you are hearing about because it will be over and we will overcome it."
Why change of heart?
Kenyatta's change of heart could be traced to his recent trip to United States where his government was fully recognised, ending years of isolation.
It is possible that Kenyatta could be trying to mend ties with the west, a major trade partner with Kenya. When Obama visited Africa, he snubbed Kenya, saying it was not the right time given the ICC case hovering over Uhuru.
President Kenyatta recently attended the U.S.-Africa Leaders' Summit in a bid to strengthen ties between the US and Kenya in trade, capital investment, infrastructure, energy and security.
During the visit, the President addressed the Corporate Council on Africa which represents some the US' major multinational companies including General ElectricLtd, Coca Cola and IBM. He also held talks with World Bank President Jim Yong Kim.
This is a man who would want to see ICC cases dropped to boost his internationalprofile and pull investors to Kenya. This could explain his decision to fully cooperate with ICC.
To attract external investment, Kenyatta met a select group of business people who have Kenya specific investment proposals at a forum convened by the Kenya Private Sector Alliance (KEPSA), the Kenya National Chamber of Commerce and Industry, and the US Chamber of Commerce.
During the meeting, the President discussed Kenya's mega infrastructure projects including expansion of airports, roads, commuter railway lines and construction of new ports along the coastal region – which present diverse opportunities for investors in the US, looking to participate in Africa's rise.
Kenya's delegation also pushed for a renewal of AGOA for a further 15 years, and favourable resolution of issues pertaining to predictability, application of the Third Country Fabric Rule, eligibility and Rules of Origin to restore certainty to exporters.
By 2013, US-Kenya trade amounted to $1.1 billion, with Kenya exporting $451 million, and importing $651 million. The $451 million value of exports in 2013 represented a 16% year-on-year increase. These developments have been accompanied by equally good news on the Kenyan domestic front.
After a period of economic difficulty, economic growth took off in the last decade, and GDP has since grown steadily – to $44.1 billion last year, which represents a 4.7% increase.
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