FOREIGN Affairs Secretary Amina Mohamed has said the voting at the United Nations Security Council was disappointing but Kenya is happy with the effort.
Speaking to the Star at the sidelines of the Third Africa-Arab Summit in Kuwait yesterday,
Amina said Kenya was encouraged by the great show of unity of African countries. "What was exhibited by African countries through the Africa Union is unity never seen before in the continent," she said.
During the AU meeting in Ethiopia in October, in which President Uhuru attended and gave out a hard hitting statement against the West, it was unanimously agreed to petition the Security Council under article 16 to defer the Kenya cases.Amina said going to the Security Council to have the cases deferred was the right thing to do under Article 16 of the Rome Statute.
She said the Kenya position was informed by the need to address terrorism – an urgent global phenomenon."As you might have realised, many of the countries that abstained during the vote have been at pains to explain their action and indeed those statements have been bordering on apologies," Amina said.
The statute establishing the ICC contains a provision that allows the Security Council to pass a resolution – under its Chapter VII authority – to defer an ICC investigation or prosecution for a renewable period of 12 months.
It states in full "No investigation or prosecution may be commenced or proceeded with under this statute for 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the court to that effect; that request may be renewed by the council under the same conditions." Amina said the next stop now is The Hague where the 12th session of the Assembly of State Parties kicks off tomorrow.
This year’s ASP is dedicated to the African Union who have raised weighty issues that need to be addressed urgently. Kenya will be sending a delegation of top officials including Attorney General Githu Muigai, Director of Public Prosecution Keriako Tobiko and Amina.
"We must engage state parties now and find a way forward for the Kenya cases. I have received many calls from members showing their solidarity and we at very optimistic of positive outcome," Amina said. She said she can however not predict the outcome.