Kenya’s Attorney General Githu Muigai and the Foreign Affairs Cabinet Secretary Amina Mohamed have strongly criticised ICC for expecting President Kenyatta to be summoned to the court.
Muigai has argued that the president enjoys immunity under Kenyan law and reminded the court that the requests they make to Kenya should not violate Kenyan laws.
On the other hand, the prosecution has maintained that all accused persons are equal and none should be accorded special treatment different from others.
People who have failed to appear at the ICC after being summoned have been listed as wanted persons.
An example is Sudanese President Omar Al Bashir who to date is wanted by the court for genocide crimes.
A lawyer who requested for anonymity told Capital FM News President Kenyatta’s failure to appear would work to the advantage of the court since so far the prosecution has indicated that it does not have evidence to sustain his charges.
“If the President does not go, then it might be the easy option for the prosecution. The focus will now shift from not having evidence against him to him accusing him of non co-operation. It is better for him to obey the orders than become another Bashir,” the lawyer said.
It was unclear if the president’s defence team will make an application regarding the Friday ‘appearance’ order by the ICC judges.
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