Kenya's President Uhuru Kenyatta will be required to make an appearance in The Hague on October 8, the first time in the history of the International Criminal Court a sitting head of state has been summoned.
The ICC judges asked that President Kenyatta be physically present in the court on the second day of the Status Conference, which begins on October 7, “to discuss the issues raised in the (prosecution) notice and the responses thereto.”
“Given the critical juncture of the proceedings and the matters to be considered, the accused is required to be present at the status conference on 8 October 2014,” the order by Judges Kuniko Ozaki (presiding judge), Robert Fremr and Geoffrey Henderson said.
In addition, the court indefinitely postponed the commencement of President Kenyatta’s trial which was scheduled for October 7.
Kenya’s Attorney General Githu Muigai has been invited to discuss the status of co-operation between the prosecution and the Kenyan government on October 7.
President Kenyatta, Deputy President William Ruto and former radio broadcaster Joshua Sang are charged with crimes against humanity in connection with the post-election violence in Kenya in 2007/8.
The court had excused the President and Deputy President from being present throughout the hearing of their cases.
Prosecutor Fatou Bensouda has said she lacks sufficient evidence to proceed with President Kenyatta’s trial. On September 5, she filed a notice requesting the Trial Chamber to further adjourn the trial.
However, she opposed the termination of charges until the government of Kenya executes in full the April 2014 Revised Request for his financial and property records.
Prosecutors had hoped to receive documents — among them company records, bank statements, records of land transfers, tax returns, phone records and foreign exchange records — to prove a link between the leader and the deadly unrest in which 1,200 died and 600,000 others were displaced.
