- Title: KENYA: Kenyan court clears Kenyatta to run for president despite ICC charges
- Date: 15th February 2013
- Summary: ****NOTE TO EDITOR. EDIT CONTAINS 4:3 FOOTAGE**** NAIROBI, KENYA (FEBRUARY 15, 2013) (REUTERS - ACCESSALL) WIDE INSIDE COURTROOM VARIOUS OF THE PRESIDING FIVE-JUDGE BENCH (SOUNDBITE) (English) HIGH COURT JUDGE, MBOGHOLI MSAGHA, SAYING: "As at today's date, the nomination of the third and fourth respondents to run for their respective offices set out here has been comple
- Embargoed: 2nd March 2013 12:00
- Keywords:
- Location: Kenya
- Country: Kenya
- Topics: Crime,Politics
- Reuters ID: LVA7OL21CKWPA9ZW1DIVKP20MGY4
- Story Text: Jubilation by Kenyatta's supporters as court clears him to run in Kenya vote despite charges.
Kenya's High Court on Friday (February 15) cleared the way for Uhuru Kenyatta to run in next month's presidential election, dismissing arguments that his looming trial on charges of crimes against humanity made him ineligible.
Kenyatta, a former finance minister and the son of the country's founding president, is one of the four accused Kenyans at the International Criminal Court of orchestrating tribal fighting that killed 1,200 people after the last vote in 2007.
The High Court said the petitioners should have filed their cases at the Supreme court, and also cleared the way for Kenyatta's running mate William Ruto to stand in the vote, as part of their Jubilee coalition.
The High Court ruled it did not have jurisdiction over the petitions filed by the various legal and rights groups.
The Principal Judge of the High Court, Mbogholi Msagha, dismissed the case and said the petitioners should have brought their complaints before other authorities, including the electoral commission or the Supreme Court.
"As at today's date, the nomination of the third and fourth respondents to run for their respective offices set out here has been completed. As per the petition before us, we are not aware of any challenges resulting from the said nominations. We have already addressed the issue of jurisdiction relating to the presidential elections and we say no more," said high court Judge Mbogholi Msagha.
Kenyatta is running a close second to Prime Minister Raila Odinga according to opinion polls ahead of the March 4 election out of a total of eight hopefuls.
Msagha said the court could not deny Kenyatta and Ruto their right to contest in the polls because they had not been convicted, and ordered the petitioners to pay costs of the case.
"The virtue of the principal of complementarily and article one of the Rome statute, the ICC and the Kenyan courts cannot simultaneously adjudicate over the same matter. Upon confirmation of the charges against both, the third and fourth respondents only the ICC could bar them and it cannot because the Rome statute has no such provisions," added Judge Msagha.
Odinga and Kenyatta head largely ethnic-based coalitions with few ideological differences.
Similar ethnic rivalries fed the fighting after the last vote five years ago which damaged the image of the east African country, the region's most powerful economy and a key ally in the U.S.-led war against militant Islam in the region.
If Kenyatta wins, his first foreign trip as president could be to appear in the dock at the court in the Hague, at a hearing scheduled for April.
Ruto is also facing charges at the ICC over the 2007 violence. Both men deny the charges.
Defence lawyer Katwa Kigen said he is happy his clients are now free after the court ruling saying NGO's has temptations to contain or manage other peoples career.
"We are happy with the ruling, the ruling made the point we have always made that the criteria used for purposes of determining integrity is supposed to be objective and the temptations that most Non-governmental organisations have always had to use it to contain or manage other people's careers whether political or otherwise has been put off," Kigen said.
Analysts said the court's ruling could provide a fillip to Kenyatta's campaigns and had also probably calmed the nerves of Kenyatta' supporters concerned by how the case would go.
The vote is predicted to be close, and if no candidate secures an absolute majority, a run-off will be conducted and Kenyatta is expected to be one of the two contenders.
The voting also includes parliamentary and regional elections in a country of 40 million people where tribal links still have a big influence on voters' political allegiances.
Kenyatta's supporters welcomed the court decision and said leadership is a gift from God and not handed over by human beings.
"Am very happy to hear that TNA leader has been cleared, leadership comes from God and not human beings so no one would lead without the help of God," said Stella Nekesa.
Although Kenyatta and Ruto have both criticised the ICC, they have repeatedly said they will obey the summons and that they would eventually clear their names.
For this reason, they have rejected calls by some rights groups in Kenya to stand down as candidates, saying Kenyans have the right to elect who they wish.
Odinga has repeatedly said he would rather face Kenyatta in the ballot, rather than have his foe locked out by the courts.
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