Forty African Countries have formally written to the United Nations Security Council seeking the deferral of the Kenyan cases at the ICC. Through the African Union, the 40 countries have told the UNSC that Uhuru and Ruto must be allowed to continue spearheading the fight against terrorism in the region.
In the three page letter (below), the African Nation argued that the proceedings against Uhuru and Ruto “may pose a threat to the ongoing efforts in the promotion of peace, national healing and reconciliation as well as the rule of law and stability in Kenya and the region.”
The letter sent on October 21 also says; “The proceedings initiated against the President and the Deputy President of Kenya will distract and divert them from fulfilling their constitutional responsibilities, including oversight for national and regional security affairs.”
Of the 49 countries listed in the letter, only Burkina Faso, Cameroon, Cape Verde, Ivory Coast, Equatorial Guinea, Gabon, Gambia, Liberia and Tunisia had not signed it.
The UN charter allows the UNSC to suspend ICC cases for a year when there if a threat to international peace and security due to the proceedings. Kenya has previously requests for a deferral but this has been denied by both the UNSC and the ICC.
On Friday, the ICC Appeals Chamber will rule on whether Ruto is to continue siting in court throughout as decided by the Trial judges. Bensouda had appealed the decision and has been toying with whether to challenge a similar one accorded to Uhuru, last week.