Kenyatta to attend ICC hearing in the Hague

Few expected him to attend the International Criminal Court (ICC) hearing on Wednesday October 8. But after a weekend's consultations with advisors and legal experts, Kenya's President Uhuru Kenyatta announced his willingness to travel to The Hague at a televised parliamentary session.

Amidst much excitement, Kenyatta said that he was not attending the court date as a president, but as a private individual. "Let it not be said that I am attending the status conference as the President of the Republic of Kenya" Kenyatta told parliamentarians. "To all those who are concerned that my personal attendance at the status conference compromises the sovereignty of our people, or sets a precedent for the attendance of presidents before the court."

To underline his intention, he officially handed over presidential powers for the days ahead to his deputy William Ruto. The action caused much discussion on Kenyan media channels, on how Ruto, who also stands accused before the ICC, would use his powers as acting president. Opposition member Moses Wetangula welcomed Kenyatta's decision and told DW: "The ICC is a personal matter, a personal matter cannot be transformed into a national issue."

He has to ‘keep to the rule of law'

Kenyatta's decision came after ICC announced that the hearing required President Kenyatta's physical presence, with the judges adding that the case had come to a "critical juncture". The hearing or so-called status conference will be used to discuss the cooperation between the Prosecution and the Kenyan government. The court had previously adjourned the case as Chief Prosecutor Fatou Bensouda had failed to produce sufficient evidence. The Prosecution on the other accused the Kenyan government of failing to cooperate.

Kenyatta had missed previous court dates, arguing that he could not leave his presidential duties to Kenya, which has been the target repeated terror attacks by the Islamist group al Shabab. This time however said Martin Oloo, a Nairobi based constitutional lawyer, Kenyatta had little choice but to attend the hearing. "Whereas the president is protected from any prosecution for criminal and civil matters, that immunity does not apply to international accepted tribunals and court," Oloo told DW correspondent Alfred Kiti. "If he is to keep the rule of law and to keep to constitutional law, he has very limited choice but go to The Hague."

Kenyans divided

While Kenyatta insisted that his appearance at the ICC should not put the entire country on trial, he maintained his innocence. He also argued that the trial showed the court's aim to ensure western domination over Africa.

Kenyan themselves were divided on whether their president should oblige the ICC's call. "I do not see why the ICC cannot allow him to attend the trial via video link. I think it is an affront to African leaders," one woman told DW correspondent James Shimanyula. Another Kenyan argued that if Kenya would have to deal with the embarrassment of having their president on trial, as the alternative would mean that Kenya would be internationally shunned as a rogue state.

"Let him build his international image," another Kenyan agreed. "Let him present himself to the Hague. And he is still innocent until proven guilty."

Both Kenyatta and his deputy Ruto are charged with committing crimes against humanity by orchestrating the post election violence which left over 1,000 people deand and half a million displaced. On Thursday October 9, the court is also due to hold a session to read a summary of its judgment on Ruto's appeal.