[Mabadiliko] ??? Lawyers oppose proposal for Deputy President William Ruto to delegate duties

Tuesday, September 24, 2013
 
 
 
Good People,
 
 
Since I was in support for ICC Hague, for once, I am beginning to doubt sentiments that came from ICC.  I am now becoming extremely suspicious and worried like most Kenyans.  Kenyan politics is very delicate and sentiment such as the one made by the ICC Prosecution will throw the country out of balance.  While ICC Hague is independent in their jurisdiction, caution must be exercised. 
 
 
The prosecution proposal for suggesting that somebody else be sworn in on a temporary basis to discharge the duties of Deputy President William Ruto is not made in good faith and it does not only sound fishy and flattery, it does not augur well and will surely rumble feathers in Kenya.   If this must happen, then both Uhuru and Ruto must be suspended temporarily while Kenya is put under a Caretaker Committee that must be nominated and endorsed by all Kenyans in a referendum vote when the case is going on at the ICC Hague.  To say that this happen to Ruto alone while Uhuru on the other side is freely running the show, will create serious precedence.   The Court must find ways to balance this fluid and delicate matter in a favorable manner acceptable to all............separating the two will equally pose a serious problem..............
 
 
Most definitely, this suggested proposal will, without doubt create problems and divide Kenyans because, it does not sound credible, practical nor does it look promising. Already I read the moods and comments that indicated that, Kenyans were already becoming suspicious when Ruto and Uhuru begun the ICC Hague journey separately and not jointly.  The way I look at this case now, my best bet suggestion is for the ICC Hague to open public gallery for opinion sharing where peoples comments, opinion and sentiments are  weighed so we all go with what will unite Kenyans and not what shall destroy, harm or break it; as this suggestion is starting on a wrong foot…….This is not what Kenyans expected to come from ICC Hague...........
 
 
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
 
 
 
 
 
 
 
 
 
Lawyers oppose proposal for Deputy President William Ruto to delegate duties
 
 
Updated Tuesday, September 24th 2013 at 00:20 GMT +3
 
 
 
 
Ruto's lawyer, Karim Khan, dismissed the remarks terming them "irresponsible prosecutorial utterances". [Photo: File/Standard]
 
 
By FELIX OLICK
 
 
The Hague: The Prosecution at the International Criminal Court ( ICC) has suggested that somebody else should be sworn in on a temporary basis to discharge the duties of Deputy President William Ruto.
 
 
This came as Deputy President William Ruto's trial at the ICC was adjourned after a request to allow him return to Nairobi following the terrorist attack on Westgate Mall.
 
The suggestion by Prosecution counsel Anton Stynberg triggered a heated exchange in court Monday, with Ruto's lead lawyer, Karim Khan, rubbishing the suggestion as "a regime coup by the ICC".
 
Mr Sternberg maintained that Ruto should delegate his duties as Deputy President so that the initial ICC schedule is not adversely affected.
 
 
"Mr Ruto knows and has been knowing for a considerable time now that he has a case to answer before this court," Sternberg told the three-judge bench.
 
"He should delegate the necessary powers to somebody else," he said as the court debated whether the trial could continue in Ruto's absence.
 
 
Jubilee-allied leaders, who were following the proceedings from the public gallery, shouted in disapproval after the Prosecution made the suggestion.
 
 
In the gallery were Kericho Senator Charles Keter, Senate Deputy Speaker Kembi Gitura and his National Assembly counterpart Joyce Laboso.
 
 
But Khan dismissed the Prosecution's remarks terming them "irresponsible prosecutorial utterances".
 
 
He insisted that Ruto has duties delegated to him directly by the Kenyan Constitution.
 
 
 
Domestic issues
"Only the Attorney General of Kenya would be appropriate to speak on the Kenyan Constitution. It's not for this court to rule on the domestic issues of a sovereign state," Khan submitted.
Katwa Kigen also said that under the Kenyan Constitution, the Deputy President can only be replaced if completely unavailable, incapacitated or impeached.
But in his submission in court, Sternberg said that Kenya has a functioning Cabinet, security team and intelligence and can operate without Ruto.
"We are not opposed to a limited and a discreet time, no more than one week," he said.
He, however, maintained that Ruto can get briefings and give instructions though telephone calls after court sessions in the evening.
 
 
 

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