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Uhuru Kenyatta to go to Hague court in personal capacity

Tuesday October 07 2014
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President Uhuru Kenyatta (right) with Deputy President William Ruto (left) among other political leaders walking from Parliament to Harambee house after the President announced he is heading to The Hague to attend ICC status conference October 6, 2014. PHOTO | BILLY MUTAI |

President Uhuru Kenyatta said on Monday he would attend a hearing at the International Criminal Court this week, the first sitting world leader to appear in The Hague-based court, although he said he would be going in a personal capacity.

President Kenyatta told parliament he was appointing his deputy, William Ruto, as acting president in his absence to avoid putting the "sovereignty of more than 40 million Kenyans on trial" and would not attend in his position as head of state.

Kenyatta faces charges of orchestrating ethnic killings after the contested 2007 election. Those charges could be dismissed at Wednesday's hearing after the prosecution asked for the case to be adjourned as it did not have enough evidence.

Ruto faces separate but similar charges at the court.

Kenya's Western allies and investors will likely welcome the decision to attend the hearing. Snubbing the court might have led judges to issue an arrest warrant that would have unsettled financial markets and strained diplomatic ties.

READ: Uhuru damned if he goes to Hague, damned if he skips

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"Let it not be said that I am attending the status conference (at the court) as the president of the Republic of Kenya," Kenyatta said in a speech to explain his decision to put Ruto temporarily in charge while he travelled.

Kenyatta has previously attended hearings before he was elected to office last year. Ruto has gone while in office.

The collapse of the case would be a blow to a court that has handed down just two guilty verdicts, both to little known Congolese warlords, and one acquittal since inception in 2003.

Sudan's President Omar al-Bashir, wanted for genocide, still travels to countries, particularly in Africa, that have ignored a warrant for his arrest, even when they are court signatories.

READ: ICC asks Saudi Arabia to arrest Bashir during pilgrimage

In his speech, Kenyatta echoed complaints heard across the continent that the court is biased and focuses on going after Africans.

"My accusers both domestic and foreign have painted a nefarious image of most African leaders as embodiments of corruption and impunity," he said, repeating his previous denials of the charges by saying his "conscience is clear".

He thanked the African Union which last year called for a halt to Kenyatta's trial, saying serving leaders should not have to stand trial. Kenyatta said that, because Ruto would be in charge, this demand would be upheld.

The prosecution has struggled to gain any momentum in both the Kenyatta and Ruto cases. Several witnesses have withdrawn, with prosecutors alleging intimidation, denied by the defence.

The case has had limited impact on Kenya's financial markets as it has rumbled on, in part because investors have expected Kenyatta's trial to fall apart as witnesses have dropped out. Traders said it might have hurt the shilling had he said he would not go, given the uncertainty that could have followed.

Additional reporting by George Obulutsa, Duncan Miriri and Humphrey Malalo.

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