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An awkward dilemma

missing-piecesTwo of the four prominent Kenyans who have been indicted by the International Criminal Court for crimes against humanity following the 2007 Kenyan elections, Uhuru Kenyatta and William Ruto, are vying for high office in the Kenyan elections in March next year. It currently appears likely that Kenyatta will be standing for president and Ruto for vice-president. The pair have joined together, notwithstanding that they were deadly enemies in the 2008 violence.

This leads to the awkward question of whether people indicted by the International Criminal Court, particularly in respect of offences allegedly flowing out of elections, can validly stand for high office while the indictment remains and the cases have not yet been heard. And then, if they did get elected, what would be the attitude of other countries, and would this be to the disadvantage of Kenya?

It has been speculated that the US has already imposed travel bans on the two, but the US says it will not express any position until the two apply for a US visa. It seems likely that a number of countries will at least cut the aid which they provide to the country. If the pair are convicted but refuse to present themselves for incarceration, a situation similar to that which applies in Sudan (where president al Bashir is an ICC fugitive) might arise.