Fresh bid to frustrate ICC Kenya case

March 11, 2011 12:00 am

, NAIROBI, Kenya, Mar 11 – Two businessmen have moved to court seeking to block the Attorney -General from receiving or effecting summonses issued by the International Criminal Court against six Kenyans wanted over the 2008 post election violence.

Jackson Mwangi and James Ndirangu Kuria filed an urgent application at the High Court arguing that the A-G will be undermining the Constitution by effecting the summonses.

The applicants are seeking an order prohibiting the A-G or any government official from effecting or receiving any summons or warrants of the ICC pending determination of the application.
The duo also want the High Court to prohibit the A-G or his agents from effecting the summons against the Ocampo Six or co-operating in any other manner with the ICC until the court orders otherwise.

Through Muchoki Kangata Advocates the two say the summons may be effected on March 15.

The A-G, they contend is expected to effect the said service on behalf of the ICC.

They seek to establish inconsistencies and contradictions between the Rome statute and the Kenyan constitution.

Kenya they argue should be barred from an institution that undermines its supreme law.
“The effecting of the summons undermines the constitution because the Rome statue and the consequent court of the ICC conflicts with the constitution,” they state in the petition.
They have named the Attorney –General and Justice   Kalpana Rawal as the judge designated to take evidence of 10 security officials as defendants.

The case will be heard before Justice Daniel Musinga on Monday for directions.


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