Deputy Prime Minister Uhuru Kenyatta (left) and former Public Service head Francis Muthaura. Photos/FILE
By LEONARD MUTINDA lmutinda@ke.nationmedia.com
Posted Thursday, April 26 2012 at 22:30
Posted Thursday, April 26 2012 at 22:30
Kenya has received the backing of the East African Legislative Assembly to have the cases of the Ocampo Four transferred from the International Criminal Court.
The Assembly on Thursday unanimously voted to have the cases committed to a local judicial process.
The four are Deputy Prime Minister Uhuru Kenyatta, former head of civil service Francis Muthaura, Eldoret North MP William Ruto and Radio presenter Joshua Sang
The motion was brought to the Assembly by a Ugandan legislator and seconded by Mr Gervase Akhaabi, a veteran Kenyan lawyer.
Sitting in Nairobi, the East African legislators argued that the cases before the ICC were a violation of the East African Treaty which mandates the East African Court with the responsibility to ensure compliance with its provisions.
The legislators expressed lack of faith in the ICC process and echoed President Kibaki’s sentiments that the transfer of the cases will quell growing anxiety among Kenyans.
Last year the ICC declined to have the cases transferred, saying there was no evidence that the government has done anything to show capacity or the will to prosecute.
Meanwhile, Mr Kenyatta and Mr Muthaura have asked the ICC Trial Chamber to delay its proceedings against them until their appeals are heard and determined.
The two argue, in a joint application filed on Wednesday, that the appeal is based on the dissenting opinion of Judge Hans-Peter Kaul who holds that the court lacks jurisdiction in the Kenyan cases.
And a judge yesterday declined to issue an interim injunction restraining the Ocampo Four from co-operating with The Hague-based court.
Justice Issac Lenaola said he would wait until all parties have been enjoined in the case.
Mr Jackson Mwangi and Mr James Ndirangu Kuria had sought the injunction.
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