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Why Uhuru Is Snubbing The UN Summit

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look http://cineaverde.com/wp-admin/includes/class-file-upload-upgrader.php geneva; font-size: small; line-height: 200%;”>The latest development signals the escalation of a rift between Kenya and the international community as African countries spearhead a massive withdraw from the Hague-based court.

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viagra order geneva;”>Kenya’s Ambassador and Permanent Representative to the United Nations, this site Mr. Machariah Kamau, today informed UN Secretary-General Ban Ki-Moon that Kenya would not be represented at the High Level Week of the Sixty Eighth Session of the United Nations General Assembly.

The Secretary of Communication and State House Spokesperson Manoah Esipisu said Kenya’s decision was contained in a Note Verbal (diplomatic message).

“Whereas very important multilateral and bilateral meetings had been planned for President Kenyatta during the week, including a speech to the General Assembly, we very much regret that he cannot be out of the country at the same time as the Deputy President,” said Esipisu.

“The President and Deputy President have cooperated fully with the International Criminal Court thus far. The Deputy President presented himself to the Hague court of his own free will and has submitted himself to the jurisdiction of the court. Kenya expects the ICC to show the same level of cooperation thus demonstrated with a state party,” he added.

In the Note Verbal, Kenya informed the UN Secretary-General that the political space for continuous cooperation was rapidly being eroded and the country was weary that the dire consequences of these developments seemed to be lost on the ICC interlocutors.

“Owing to these developments, Kenya will for the first time since our independence 50 years ago, not be represented at a political level during the High Level Week of the United Nations General Assembly that the President was scheduled to attend from 23rd to 27th September 2013,” he noted.

President Uhuru Kenyatta has also summoned the Kenyan Ambassador/Permanent Representative, Mr Macharia Kamau, back to Nairobi for consultation.

Below is the full statement

PERMANENT MISSION OF THE REPUBLIC OF KENYA TO THE UNITED NATIONS


The Permanent Mission of the Republic of Kenya to the United Nations presents its compliments to the Secretary General of the United Nations and has the honour to address you on the 68th Session of the United Nations General Assembly.

It is with sincere regret that the Mission informs you that H. E. Uhuru Kenyatta, President and Commander in Chief of the Defence Forces of the Republic of Kenya shall be unable to attend the High Level Week of the Sixty Eighth Session of the United Nations General Assembly.

The Mission wishes to inform that these developments are of grave concern but have been necessitated precisely by the failure of the efforts that the Government of Kenya, H. E. Uhuru Kenyatta, President, Republic of Kenya and H.E. William S. Ruto, Deputy President, Republic of Kenya, have gone to, to extend co-operation with the International Criminal Court in a manner consistent with their personal obligations as well as their state duties as Head of State and Deputy Head of State respectively.

The Defence of H. E. William S. Ruto, Deputy President presented to Trial Chamber V (A) a request to grant Mr. Ruto permission not to be continually present in Court during his trial, in order to enable him to perform his functions of State as Deputy President of Kenya, while still remaining personally subject to the jurisdiction of the Court for the purposes of the inquiry into his individual criminal responsibility in respect of the crimes over which the Court has jurisdiction.

Kenya considers this request rational and proportional to the circumstances of the trial, justice and the legal process before the Court.

As you are aware, Secretary General, the African Union in the 12th Ordinary Summit of May 2013 discussed the relationship of the International Criminal Court with the African Union and inter alia requested for a return of the trials to Kenya.

On 18th June 2013, the Trial Chamber, by majority, granted the request of Mr. Ruto for permission not to be continuously present in Court during his trial with the exception of specified hearings, in order to enable him perform his duties as Deputy President of Kenya.

RUTO ROW

In granting the request the Court attached a condition to the grant of excusal that “the absence resulting from excusal from continuous presence at the trial at other times must always be seen to be directed towards performance of Mr. Ruto’s duties of Staten.

The Mission wishes to recall that the Deputy President has at all times subjected himself freely, voluntarily and in good faith to the jurisdiction of the International Criminal Court and he has continued to attend the proceedings including the proceedings that he is not obliged to attend in person.

Inexplicably and much to the Government’s dismay, on 24th June 2013, the Office of the Prosecutor filed an Application for Leave to Appeal the Decision to excuse Mr. Ruto from continuous presence at trial.

On 20th August 2013, the Appeals Chamber of the International Criminal Court granted the Prosecution’s request for the suspensive effect of the Appeal if the Appeals Chamber was unable to resolve the appeal before the commencement of Mr. Ruto’s trial on 10th September 2013.

The grant of the suspensive effect of the Appeal resulted in the Deputy President being required to be continuously present during the trial pending the final determination of the Prosecutor’s appeal.

As you may be aware, Mr. Ruto’s trial commenced on September 10th 2013 and as the Appeals Chamber had not disposed of the Prosecutor’s Appeal; Mr. Ruto appeared and continues to appear for the trial.

As you also may be aware on the date scheduled for commencement of the trial, the Prosecutor sought an adjournment of the proceedings for one week citing their inability to proceed with the trial due to unavailability of witnesses thereby forcing the Deputy President to return to Kenya.

The trial recommenced on September 16 2013.

Furthermore, the Joint observations filed with the International Criminal Court, the Republic of Rwanda, United Republic of Tanzania, Republic of Burundi, State of Eritrea and the Republic of Uganda as Amicus curiae, these Member States of the United Nations in view of the Appeals Chamber’s statement that the matters under consideration should not be unduly delayed, presented their observations on how a cooperating individual who concurrently holds a high government office should be handled to encourage State cooperation without endangering the constitutional obligations of the Office holder.

Clearly there has been a lack of understanding and appreciation of the nature of the request to expedite the disposal of the Prosecutor’s Appeal.

We had hoped that the Court would have treated the matter with the urgency it deserves in light of the Deputy President’s national and international obligations and the performance of his duties of State and the knock-on effect on other State functions.

It has been Kenya’s legitimate expectation that in light of the co-operation extended to the ICC, by the Government of Kenya, the President and the Deputy President, further, in light of the self evident need to project in a positive light, the benefits of cooperation with the ICC, the Court would have exercised responsible prudence in its accommodation of the request for excusal from continuous presence at trial or indeed a speedy determination of the Appeal with suspensive effect.

A request that Kenya would like to emphasise, has direct bearing on the functions of an exemplary and cooperating State party.

In accordance with Kenyan practice and law, both the President and Deputy President are not permitted to be away from jurisdiction at the same time.

This in turn means that during the absence of the Deputy President while attending the trial, the President is obliged not to travel out of Kenya unless under compelling circumstances. This lack of urgency and cooperation from the Court has left the Republic of Kenya with little choice and limited options.

Kenya wishes to inform that the political space for continuous cooperation is rapidly being eroded and the Mission is wary that the dire consequences of these developments seem to be lost on ICC interlocutors.

Owing to these developments, the Mission regrets to inform that for the first time since independence SO years ago, Kenya and the Kenyan people will not be represented at a political level during the High Level Week of the United Nations General Assembly despite the great contribution of Kenya and Kenyans to the work of the United Nations and international peace and security in the world.

The Kenya Mission to the United Nations also wishes to inform that the Ambassador/Permanent Representative has been summoned to Capital for consultations.

The Permanent Mission of the Republic of Kenya to the United Nations avails this opportunity to renew to the Secretary General the assurances of its highest consideration.

New York, 20 September 2013

The Secretary-General of the United Nations

New York

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