By SAM ALFAN.
President Uhuru Kenyatta has disowned a case filed by embattled journalist Walter Barasa on withdrawal of charges against him and his deputy at the International Criminal Court.
The President, through lawyer Kennedy Ogeto says he was improperly enjoined and listed in the suit, as he was not consulted and wants to be distanced with the case.
Barasa, who is fighting extradition to the ICC, moved to court last December seeking orders to quash Uhuru ,Ruto, and journalist Joshua Arap Sang’s trial on grounds that they are constitutionally invalid, null and void.
Uhuru however, says in his grounds of opposition against the case that he has been improperly enjoined in the suit and faults the Eldoret based scribe for failing to consult him before dragging his name to court.
He says Barasa’s petition should proceed and the court makes its informed decision without his participation.
“The first interested party has been improperly enjoined in this petition and his name should be struck out” read parts of the document filed by lawyer Kennedy Ogeto on behalf of the president.
Ruto, has also distanced himself from Barasa’s case.
He too says that he does not want to be involved in any way because he is ready to face his accusers at The Hague.
The deputy president told court last month that he has decided out of his own volition to attend and participate in the ICC trials to establish his innocence.
Barasa argues through lawyer Kibe Mungai, in the case being handled by a three-judge of Isaac Lenaola, Mumbi Ngugi and George Odunga that the Rome Statute was not in force in Kenya when the post-election violence occurred between December 3, 2007 and February 28, 2008.
Kibe says the crimes against humanity preferred against the three Kenyans on account of Article 5 of the Rome Statute were not recognized under Kenyan law or under Section 77 (8) of the defunct constitution during the bloody mayhem that left over 1000 people dead.