, NAIROBI, Kenya, Sep 25 – The Kenyan government has written to the International Criminal Court (ICC) requesting to be allowed to give submissions regarding Kenya’s withdrawal from the Rome Statute.
In an application to the Trial Chamber V, Attorney General Githu Muigai asked to be allowed to participate in the matter as a friend of the court.
“The government of Kenya respectfully applies to this court for leave to file its submissions in relation to Kenya’s Parliament resolutions on Kenya’s withdrawal for the Rome Statute,” Muigai said in the application to the court.
He said he would like to be allowed to give the court the facts regarding the Motions adopted by Parliament and the Senate to remove Kenya from the Rome Statute.
“The amicus curiae wishes to address the Chamber on the relevant factual matters in the issue and the domestic law of Kenya on the ratification and termination of treaties, namely, the Constitution of Kenya 2010, and the Treaty Making and Ratification Act, No. 45 of 2012,” he said.
Last week the prosecution told the court that the first witness was late to start giving her testimony because Parliament had passed a Motion to withdraw from the Rome Statute which would affect the ICC case against Deputy President William Ruto and his co-accused Joshua arap Sang.
The prosecution told the court that the Motion has an impact on the case.
Trial Chamber V Presiding Judge Chile Eboe-Osuji asked the defence teams of Ruto and Sang, the prosecution and the victims’ legal representative Wilfred Nderitu to make submissions informing the court if the Motion seeking to withdraw Kenya from the Rome Statute has any effect on the ongoing ICC cases.
They were also asked to address legal concerns which should indicate if the Kenya’s withdrawal from the Rome Statute will have effects on other local factors.
The defence indicated that the Motion passed by Parliament will have no effect on Kenya’s cooperation with the court and also on the cases before the court.