The Star (Nairobi)

2 February 2014

Kenya: Attorney General to Defend Kenya At the Hague

ATTORNEY General Githu Muigai will defend Kenya at The Hague against accusations over accusations that the government has failed to cooperate with the International Criminal Court.

Muigai will be honouring summons by the court requiring him to file a response and appear at the hearing of a motion by the prosecution in the case against Deputy President William Ruto and journalist Joshua Sang.

"The Chamber convenes a public status conference on February 14 at 9.30am to discuss all matters related to the summons request, in the presence of the prosecution, defence, legal representative of victims and, if they wish to attend, representatives of the government of Kenya," the judges ruled on Wednesday.

The prosecution has requested the court to issue witness summons to ICC witnesses in Kenya who have declined to travel to the Hague and testify at the trial.

The Ruto and Sang defence teams have opposed the motion. They say it is inconsistent with the Rome Statute and Kenyan law. The AG is required to clarify Kenyan law on the point and update the court on the status of cooperation requests previously made by the prosecutor.

Yesterday, the AG confirmed that he will be filing a written submission by February 12 as required by the court and travel for the status conference scheduled for February 14.

The prosecution has previously accused the Kenyan government of refusing to cooperate with the court and especially in the case against President Uhuru Kenyatta.

Prosecutor Fatou Bensouda has requested the judges to ask the Assembly of State Parties to take action against Kenya for non-cooperation. Bensouda says the government has refused to help her access financial records which will help her prove that Kenyatta financed the post-election violence.

The government, through the AG, has however told the court that Bensouda has to get a court order from the Kenyan courts to access the required documents.

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