Following President Uhuru Kenyatta’s address to a joint session of Parliament this afternoon indicating that he will travel to The Hague to attend a status conference at the ICC on 8th October 2014, Kenyans for Peace with Truth and Justice (KPTJ) expects the Trial Chamber to take all necessary actions under the Rome Statue to ensure compliance with its previous directives in the Kenyatta case. One of the outcomes of the status conference is that the Trial Chamber may make a finding of non-‐cooperation against Kenya as a state party and refer the matter to the Assembly of States Parties for appropriate action. In this event:
- The trial of Uhuru Kenyatta should be temporarily adjourned to enable the ASP to act on the non-‐cooperation decision;
- The Office of the Prosecutor should immediately launch investigations into all allegations of obstruction of justice, witness tampering and other offences against the administration of justice with a view to prosecuting those who may be implicated;
- To uphold the right of the victims to justice and the right of the accused to trial without undue delay, such temporary adjournment should be time-‐bound by said ASP actions on non- cooperation and outcome of OTP investigations of obstruction of justice.
It should not be forgotten that victims of post-‐election violence have waited for more than six years to establish the truth about and obtain justice for the grave atrocities and crimes committed against them in 2007-‐8. With little political will to prosecute perpetrators of the violence domestically, the ICC remains their only hope to obtain the justice that has so long been denied to them and they will be following the status conference keenly.