BARINGO county assembly speaker William Kamket and two other people have asked the High Court to issue orders compelling the Inspector General of Police and the Chief Justice to prevent President Uhuru Kenyatta from attending trial at the ICC.
Kamket, Ken Bartai, a representative of the Ogiek community, and Felix Kiprono, a human rights activist, want judge Anyara Emukule to declare that the International Criminal Court and the Kenyan government have breached the constitution.
The three are seeking orders declaring the International Crimes Act, the law that domesticated the Rome Statute in Kenya, and the Rome Statute itself as unconstitutional.They want the High Court and to issue orders terminating further proceedings against Uhuru and Deputy President William Ruto.
The three through their lawyers Kipkoech Ngetich and Lawrence Karanja have sued Attorney General Githu Muigai, Foreign Affairs PSKaranja Kibicho, Speakers of the Senate and Parliament, Kimaiyo and Willy Mutunga.
They have accused them of exposing Kenyans to neo-colonialism and failing to protect the constitutional principles of sovereignty of the people and the supremacy of the constitution.
"Allowing Kenya to run without a substantive occupant of the office of the President will alter the system of governance in a manner that will necessitate a referendum to determine whether Kenyans accept such a structural change in the governance of the country," Karanja told the court.
He said the IGP, CJ, speakers of Parliament and Senate and the AG have the capacity to prevent or to not allow Uhuru and Ruto to leave the country to attend the trials.
Karanja said that if Uhuru and Ruto go to The hague, Kenya will be under threat as cartels may run the government thus fleecing Kenyans.
"The court be pleased to order the respondents to ensure that the President and the Deputy President don't absent themselves from the country if such absence is for the purposes of attending proceedings at the ICC at the Hague or wherever the court is sitting," he asked.
The three said Uhuru's trial at The Hague will contravene Articles 131 and 132 of the constitution on the authority and functions of the President.
They have also relied on Article 143 which provides for immunity of a sitting head of state from legal proceedings. "If the President attends trial and is convicted in contravention of Article 143, it will pave way for his removal as President in contravention of the constitution which will then result in the constitution of an illegal government," he said.
"Our country needs full time occupants of the office of the president and his deputy and any gap created by ICC proceedings will not help Kenyans including victims of the 2007-08 post-election violence but will only serve to ridicule the country and its people," Kamket has said in his affidavit supporting the petition.
Ngetich told the court that the Rome Statute seeks to override Kenya's constitutional order and as such should be declared null and void. Judge Emukule will deliver his ruling on the case today.