The Kenyan trials at International Criminal Court at the Hague are due to start on April 10 and 11, 2013 respectively, while the Independent Electoral & Boundaries Commission has set April 11 as the date for a second round run-off if it is necessary in the presidential election.
All opinion polls are pointing to a presidential run-off and unfortunately one of the favourites to be in the run-off, TNA’s Uhuru Kenyatta will be appearing before judges of the ICC to answer charges of International Criminal Court. His rumoured running mate William Ruto shall also be appearing before the same court a day before Kenyatta.
Uhuru Kenyatta – together with former Chief of Civil Service Francis Muthaura – is allegedly criminally responsible as an indirect co-perpetrator pursuant to article 25(3)(a) of the Rome Statute for the crimes against humanityof:
- murder (article 7(l)(a));
- deportation or forcible transfer (article 7(l)(d));
- rape (article 7(l)(g));
- persecution (articles 7(l)(h)); and
- other inhumane acts (article 7(l)(k)).
Kenyatta’s trial specifically starts on 11th April converging with the same date IEBC has penciled in for presidential run-off.
This scenario presents a major quagmire for presidential candidate Kenyatta and his supporters subject to his vetting and approval by the IEBC to run for president.
Already there are suggestions that the trial date be moved and locally there are attempts to change the law for an elected president to be sworn-in anywhere other than what is specified in the constitution.
ICC Chief Prosecutor Fatou Bensouda has already ruled out postponing the trials of presidential aspirants Uhuru Kenyatta and William Ruto under whatever circumstances. That leaves the IEBC on one side, and the political forces on the other side.
Who will blink first?