Lapsing into bad habits

After referring to his ICC case a ‘personal challenge’ during the first Presidential debate, Uhuru Kenyatta is evidently not averse to publicly referring to it in his campaigning. According to this article, he rhetorically asked a crowd in Meru that “If Muthaura’s case is collapsing, is that not an indication even mine will go nowhere?”

 

This is presumably a reference to the application by the Muthaura defence to have the case referred back to the Pre-Trial Chamber on the basis that there was a ‘fraud’ against the proceedings and the PTC was misled into confirming charges against the former ambassador. This is based around facts that led to the withdrawal of witness OTP-4 from the Prosecutor’s list of witnesses.

 

While there is a lot of speculation about the cases, it is unfortunate that, as a Presidential Candidate, Kenyatta could not restrain himself from publicly pronouncing on matters still before a court.

 

Nonetheless, perhaps he and his running mate have cause to be particularly jubilant over recent good news: the dismissal of the Integrity Case against them, OTP-4’s supposed about-turn and the fact that Kenyatta was rated a top debate performer (at least in the first round).

 

But it’s a little early to analogise from the case of his fellow accused because (a) Muthaura is a defendant until charges are dismissed and (b) simply because there may be fundamental issues in Muthaura’s case does not mean Kenyatta’s case must go the same way. More so because the Prosecutor still seems to have Kenyatta in its sights for alleged witness tampering.

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Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

AfricLaw

Advancing the rule and role of law in Africa

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