sabc.co.za
A spokesperson for the ICC told HumanIPO today that Kenyatta’s defence team has submitted requested he not be required to attend his trial for mixed charges of crimes against humanity in person, asking that he instead be allowed to appear via video link.
“Mr Kenyatta is not seeking to waive his fundamental right to be present at trial. His consistent conduct to date indicates his intention to exercise his right to be present and participate fully in court proceedings,” states Kenyatta’s defence team in its written submissions to the Court.
The defence further adds that “presence of an accused via video link is tantamount to presence in the courtroom.”
Kenyatta’s team argues the his failure to appear in person at his trial in the Hague - which is to begin on July 9 - will not jeopardise or negatively impact on the legal proceedings in any way, noting Kenyatta will be able to provide evidence, participate in his trial and liaise with his legal team in Kenya and in the Netherlands via video link.
The Trial Chamber is currently considering the request and will make its decision known to the parties and the public in due course.
Kenyatta was declared the winner of Kenya’s presidential elections on Saturday, following an election process tinged with technical difficulties and delays to vote counting.
In becoming the president, he has become the second ever sitting president to face trial for crimes against humanity at the ICC. The first was Sudan’s president Omar Al-Bashir.
Kenyatta’s running mate William Ruto has also been indicted to the ICC for crimes against humanity, though his trial has been postponed from April to May.
The charges against the two are related to the post-election violence that plagued Kenya following disputed presidential polls in 2007.
Kenyatta’s crimes against humanity charges under the Rome Statute include the crimes of murder (article 7(l)(a)), deportation or forcible transfer (article 7(l)(d)), rape (article 7(l)(g)), persecution (articles 7(l)(h)) and other inhumane acts (article 7(l)(k)), while Ruto faces charges of crimes against humanity including murder (article 7(l)(a)), deportation or forcible transfer of population (article 7(l)(d)) and persecution (article 7(l)(h)).
