LSK: Kenyans will decide Uhuru, Ruto candidature
Law Society of Kenya (LSK) chairman Eric Mutua. LSK said Kenyans will decide whether Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto will vie for the presidency July 12, 2012. FILE
By NATION Reporter
Posted Thursday, July 12 2012 at 15:12
Posted Thursday, July 12 2012 at 15:12
The Law Society of Kenya has said Kenyans will decide whether Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto will vie for the presidency.
In a statement, LSK dismissed Justice minister Eugene Wamalwa's assertion that the International Criminal Court had "spoken" on the matter and the two were free to run.
"The ICC did not and does not have the mandate to pronounce on the question whether or not the two suspects can run for public office," said LSK chairman Eric Mutua Thursday.
"It is only Kenyans themselves either as individuals or institutions who can decide on the question whether or not in view of the charges (international crimes) facing the two suspects at The Hague, they may run for public office."
Judicial process
On Wednesday, Mr Wamalwa said the matter was "purely a judicial process and should not be politicised".
He termed the ruling of the ICC as “effectively removing the issue of ICC from the election table”.
“The ICC, in its wisdom, has found that the requests by some of the suspects to be allowed time to engage in the General Election; in the healing and reconciliation process of the country, was reasonable, and they have allowed them to do that.
"As to whether or not they shall be elected President, that’s up to Kenyans to decide,” said Mr Wamalwa.
"The court has spoken…they are free to contest the elections and thereafter proceed with the cases."
Mr Kenyatta and Mr Ruto are facing charges of crimes against humanity committed during the 2007/08 post election violence that left 1,133 people dead and 650,000 others uprooted from their homes.
Stand trial
The two politicians are due to stand trial at the International Criminal Court (ICC) together with co-accused former head of the public service Francis Muthaura and radio presenter Joshua arap Sang.
On Monday, the court announced that the trial in the case against Mr Ruto and Mr Sang will start on April 10, 2013.
The case against Mr Kenyatta and Mr Muthaura will start on April 11.
This will be a month after the next General Election set for March 4, 2013.
On Thursday, LSK said the question of whether the two will be on the ballot may be answered by "interrogating and interpreting Chapter Six of the Constitution".
Mr Mutua said the Justice minister's remarks border on contempt of court since the issue is before the High Court for determination.
He said LSK had written to Chief Justice Willy Mutunga to fast track the case.
"Noting that the outcome of the said case will have major social, political and economic effects to the country, the Law Society of Kenya wrote to the Hon Chief Justice to have the case fast tracked."
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