President Uhuru Kenyatta decision to attend the ICC status conference on October 8, 2014 in his personal capacity is consistent with the Constitution of Kenya 2010 and the Rome Statute obligations. ICC does not prosecute state officials. Rather individuals in their individual criminal responsibility.
He has respected his electoral pledge during the 2013 presidential debate â€œmany Kenyans are faced with personal challenges and I consider this as a personal challengeâ€. And that â€˜it is his intention to follow through [the cases] and ensure that we clear our namesâ€.
He has kept his words, â€œI will be able to deal with the issue of clearing my name while at the same time ensuring the business of government is implementedâ€.
The President emerges as someone who respects rule of law, judicial systems and institutions. He has respected the Constitution provisions governing situation when â€˜President is absent or is temporarily incapacitated, and during any other period that the President decidesâ€™. The country, which has been integrated with the world, need certainty, stability, trust and confidence.
The President has avoided stance, which would shake political stability and an environment of economic confidence, which will erode the democratic state governed by the rule of law.