ICC Outreach Coordinator Maria Kamara told Capital FM News that the Security Council only has authority to defer cases for a period of 12 months, according to Article 16 of the Rome Statute.
“No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the court to that effect; that request may be renewed by the council under the same conditions,” Kamara indicated.
Kenya’s Permanent Representative to the UN Macharia Kamau last Friday sent a letter requesting the Security Council to ask the ICC to terminate proceedings against President Uhuru Kenyatta, his deputy William Ruto and former Kass FM presenter Joshua arap Sang, arguing the cases were a threat to Kenya’s national security and undermined the country’s sovereignty.
Kamau also said ICC should leave Kenya alone to allow Kenyatta and Ruto to lead the new government.
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