DEPUTY President William Ruto is keeping his fingers crossed as the Assembly of States Parties Bureau makes a critical decision regarding his crimes against humanity charges at the ICC.
However, ahead of the big decision, there are already concerns about why Attorney General Githu Muigai did not travel to The Hague – as the State sponsored several politicians to the weeklong ASP meeting.
“A Kenyan ambassador who normally leads the country’s engagement with the ICC complained that these politicians had undone months of diplomacy that he had put in place,” George Kegoro, KHRC Executive Director, wrote in the Sunday Nation.
Kenya is pushing for the withdrawal of recanted testimony against Ruto as well as a request to the ASP to appoint an independent team to audit the Prosecutor’s witness recruitment processes in Kenya.
However, on Friday, Western countries teamed up with powerful global NGOs to oppose the Kenyan request before the matter was refereed to the 18-member ASP Bureau.
The Bureau is expected to communicate its decision to the ASP plenary on Tuesday, either rejecting, adopting or amending the Kenyan proposal.
Foreign Affairs Cabinet Secretary Amina Mohammed said their diplomatic charm offensive had not flopped and the Kenyan agenda could still succees.
“We are quite comfortable with where we are right now,” Amina emphasised.
On Friday, at least 33 countries, including a number of EU states, Switzerland, Australia, Canada and Costa Rica rejected the Kenyan request, saying it would undermine the ICC’s judicial independence.
“Hearing all voices is important, but it would be inappropriate to express views under active consideration by the ICC,” an Australian representative told the ASP.
The 18-member ASP Bureau comprises mostly Western countries and many doubt Kenya will succeed in its diplomatic offensive.
Current members of the ASP bureau are Chile, Colombia, Costa Rica, Czech Republic, Germany, Ghana, Hungary, Japan, The Netherlands, Nigeria, Republic of Korea, Romania, Samoa, Slovenia, South Africa, Sweden, Uganda and the United Kingdom.
Kenyan NGOs have teamed up with their counterparts to mount a strong opposition to the pro-Ruto move.
Kenyans for Peace With Truth and Justice, a coalition of more than 30 NGOs, claimed at least eight ICC witnesses in the case against President Uhuru Kenyatta had died under mysterious circumstances.
In a strongly worded statement, Africog chief Gladwell Otieno said the ASP must not allow any decisions that could impact the independence and integrity of the ICC.