Foreign Affairs Principal Secretary Korir Sing'Oei has refuted reports that President William Ruto signed a pact that grants him immunity against charges at the International Criminal Court (ICC).
In a statement, Sing'Oei clarified that Kenya only signed the Constitutive Act of the African Union which established the Pan-African Parliament.
It had been claimed by various civil groups such as the Kenya Human Rights Commission (KHRC) that the protocol will also establish a regional court to hear and determine criminal cases against African leaders such as presidents.
Other serving state officials were also said to be protected from prosecution at the ICC.
"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.
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.
Withdrawal takes effect a year after the letter is written.
Even in the event that Kenya withdraws from the Statute, all cases that were commenced before the date of withdrawal will still continue.
