Experts have warned the latest standoff between the government and the ICC might have serious legal implications for the country in the future.
They have also warned that Kenya could face sanctions if it fails to effect arrest warrants against three Kenyans who are still wanted by the International Criminal Court for tampering with prosecution witnesses.
ICC Chief Prosecutor Fatou Bensouda wants Paul Gicheru, Philip Bett and Walter Barasa tried for allegedly interfering with her witnesses.
Bensouda had applied for the extradition of the three in relation to the offence which carries a maximum of a five year jail term.
ICC Spokesman Fadi El Abdallah said that Kenya was legally bound by the Rome Statute to implement arrest warrants issued against the three. Mr Fadi el Abdallah yesterday said the court would report Kenya to the Assembly of States Parties (ASP) if the government goes ahead to implement President Uhuru Kenyatta’s declaration against cooperating with the court.
“In case of non-cooperation, the legal procedure before the ICC is for the Judges to make a finding of non-compliance and to refer it to the Assembly of States Parties to the Rome Statute for the Assembly to take any measure it deems appropriate,” he said.
UHURU: NO OTHER KENYAN WILL BE TRIED IN THE ICC
The latest standoff between Kenya and ICC ensued following President Uhuru Kenyatta remarks during a thanksgiving rally at Nakuru’s Afraha Stadium where he categorically stated that no other Kenyan would stand trial at The Hague again.
“We will not allow any other person to be taken anywhere else, if its law, we have our courts. We have closed that chapter, I do not want to see any Kenyan walk on the same path we have,”
The thanks giving ceremony was held to celebrate the termination of the ICC cases against the “Ocampo Six” namely; Uhuru, Deputy President William Ruto, Joshua Sang, former ODM national chairman Henry Kosgey, former Head of Civil Service Francis Muthaura and former Police Boss Mohammed Hussein Ali.