Kenya
Government kept its word that it will not furnish The Hague court with
records of President Uhuru’s financial transactions — insisting this
will first have to be cleared by local courts. As Attorney General
fought off the only remaining issue standing between Uhuru and freedom
from the grave charges, it also emerged the Prosecution is after much
more disclosure of the President’s wealth than cash flow statements
during the period of post-election violence.
The AG, Prof Githu
Muigai, raised the government’s argument. The AG insisted Bensouda has
to formally obtain a court order from the Kenyan judiciary for the
disclosure of Uhuru’s financial records which as it stands, is the only
barrier standing between him and his freedom.
The professor of law
will today rise in the faraway court to explain why the International
Criminal Court should not expect Kenya to help handover the seven key
witnesses the Prosecution said exited even after recording damning
statements against Deputy President William Ruto. Uhuru’s lawyer Stephen
Kay read out the prosecutor’s request that asked Kenyan authorities to
disclose “current balances on accounts” held by the accused, through
third parties or their firms dating back to June 2007.
According to Muigai who
is the Government chief Legal Advisor, The Banking Act, The Central Bank
Act as well as the Kenya’s Constitution makes it illegal to obtain an
individual’s financial records without his consent. “What the
Constitution of the Republic of Kenya says as regards the protection of
the citizen of the Republic of Kenya regarding disclosure of their
private confidential documents is a matter to be determined by domestic
law and that is beyond contestation,” he emphasised.
“Kenya has not taken
that position flippantly, frivolously or to obstruct justice. Its to
ensure that the Rome statute, the Constitution of Kenya and the
International Crimes Act are enforced in a harmonious manner,” he added.
Muigai too suggested ICC Prosecutor Fatou Bensouda wants the
President’s wealth laid bare. “What is it that the prosecution wanted
about the financial records of Mr Kenyatta? In the document OTP requests
that Kenya authorities provide full financial profiles.
I have never come across
that kind of language in the (Rome) Statute, of fullfinancial profiles
of so and so…” Financial records The President’s lawyer argued the
request — that is subject of dispute on financial records for January
2008 to detailed movement of funds — was an afterthought. “We were told
last week that the only remaining pebble in the prosecution’s case that
needed to be looked at is the unexplained movement of large amounts of
cash,” Kay countered.
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