Why ICC wants President Uhuru Kenyatta to be in Hague courtroom

The International Criminal Court ( ICC) judges rejected a petition by President Uhuru Kenyatta to be excused again from personally attending proceedings of the court, raising the possibility that he could next month become the first serving Head of State to grace The Hague courtroom as an accused person.

The President will make his first appearance in the court in The Hague as President on Wednesday next week, in a development that could trigger fresh debate regarding the trial of a sitting Head of State by the court, something that the African Union has agitated against.
However, a decision not to attend is a personal matter for the President and his legal team, if it is in an option, because it would violate the terms of the summonses to appear, which if breached could make arrest warrants to be circulated to all State parties to the Rome Statute.

The Trial Chamber V(b) yesterday rejected twin requests by the President to have his lawyers represent him at the status conference on October 8 or in the alternative to have it postponed to a later date but on agreement it would be participation via video link from Nairobi.

The Chamber, by majority, found that the requirements of justice in the case necessitate the physical presence of the accused at the Court. Judges rejected the defence argument that the President had prior State engagements in Uganda, observing the date of the Status Conference coincided with when opening statements of the trial would have taken place in his presence.