Wololo! In my forays about the constitutionality of the president failing to attend ICC; I have dug the following: Article 143(4) of the Kenyan constitution, adopted in 2010, specifically prohibits the president’s immunity from criminal prosecution for “crime[s] for which the President may be prosecuted under any treaty to which Kenya is party and which prohibits such immunity.” The Rome Statute is such a treaty and Kenya remains a state party and so the presidents immunity does not extend to the ICC. In other words if the president wants to skip court, he must also amend this section of the constitution otherwise he will be in violation of our own law!
Posted on: Wed, 16 Oct 2013 14:40:12 +0000
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