Kenya clarifies protocol granting Ruto immunity against ICC
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Government denies claims Malabo protocol grants President Ruto and top government officials immunity against ICC
Government denies claims Malabo protocol grants President Ruto and top government officials immunity against ICC.
Foreign Affairs Principal Secretary Korir Sing’Oei has denied reports that President William Ruto signed an agreement granting him immunity from prosecution by the ICC.
Sing’Oei stated in a statement that Kenya merely ratified the African Union’s Constitutive Act, which created the Pan-African Parliament.
Several civic organizations, including the Kenya Human Rights Commission (KHRC), had asserted that the agreement would also establish a regional court to hear and decide criminal complaints against African officials, including presidents.
According to reports, it was also claimed that other active state officials were shielded from ICC prosecution.
“Kenya signed Protocol to the Constitutive Act of the African Union on the Pan-African Parliament on 16 July 2023. The Protocol establishes the Pan-African Parliament. Kenya has not signed the Protocol to the African Court of Justice as alleged,” he clarified.
The response by the Ministry came amid criticism from civil societies who lamented that the signing of the protocol was retrogressive to the accountability for actions committed by African leaders and senior government officials.
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Particularly, civil groups wondered whether the proposed court would work independently without the interference of the leaders who established it.
“Malabo protocol presents a complex situation regarding how Kenya would take someone to be tried at the ICC, and more importantly, how victims and survivors will pursue justice and reparations for international crimes.
“Ruto’s signing and the looming ratification of Malabo Protocol is a continuation of Kenya’s campaign to defeat international justice mechanisms, specifically, the ICC” read part of the statement by KHRC and Muslims for Human Rights (MUHURI).
Kenya is a signatory of the Rome Statute which established the ICC that hear cases related to war crimes, crimes against humanity, and genocide.
As per Article 127 of the statute, a member state can only withdraw from the Statute by writing a letter addressed to the Secretary-General of the United Nations.
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