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Kenya seeks delay in trials of president, deputy

By Edith M. Lederer

Associated Press

Published: Wednesday, Oct. 23 2013 10:34 a.m. MDT

FILE - In this Friday, April 8, 2011 file photo, Kenya's then Deputy Prime Minister and Finance Minister Uhuru Kenyatta leaves the International Criminal Court in The Hague, Netherlands.

Bas Czerwinski, Associated Press

Enlarge photo»

UNITED NATIONS — Kenya is asking the U.N. Security Council to delay the International Criminal Court trials of its two top leaders for crimes against humanity for a year, citing the terrorist threat in east Africa.

Kenyan opposition to the trials of President Uhuru Kenyatta and Deputy President William Ruto have gained traction since last month's deadly terror attack by militants on an upscale Nairobi shopping mall, which underscored the country's strategic importance in eastern Africa.

The ICC has charged Kenyatta and Ruto with crimes against humanity for their alleged roles in Kenya's 2007-08 postelection violence that killed more than 1,000 people. Both deny the charges.

Kenya's U.N. Ambassador Macharia Kamau said in a letter obtained Wednesday by The Associated Press that the Security Council should take into account threats to peace or an act of aggression "likely to transpire in light of the prevailing and continuing terrorist threat existing in the Horn of and eastern Africa."

Kamau said the council should also take into account the need to prevent "an aggravation" to peace and security in Kenya and neighboring countries.

A delay would provide time for Kenya to consult the International Criminal Court "to consider how best to respond to the threat to international peace and security in the context of the Kenya situation," the ambassador said.

"Kenya therefore seeks action of the United Nations Security Council to prevent the aggravation of the threat, breach of peace or act of aggression that the terrorism menace poses to national, regional, continental and international peace and security," Kamau said.

Kamau's letter was accompanied by a letter from the African Union's member states supporting a deferral for the Kenyan leaders.

The AU urged the Security Council to "positively" consider their request and expressed regret that previous requests "were not acted upon."

A U.N. diplomat, speaking on condition of anonymity because discussions were private, said that when a Kenyan deferral was discussed by the 15 council members in May, eight were opposed and seven were more sympathetic.

The Kenyans hope they have more support today, following the Westgate mall attack in which at least 67 people were killed by Islamic extremists.

Ethiopia's Foreign Minister Tedros Adhanom Ghebreyesus, chairman of the AU's executive council, is expected to arrive in New York this weekend with about half a dozen high-level officials to put the case for deferral to Security Council members, the diplomat said.

The delegation is expected to meet individually with some council members and may hold an informal session with the entire council on Oct. 31, the diplomat said.

For Kenya to get a deferral, the council would have to pass a resolution which requires a minimum of nine "yes" votes and no veto by a permanent member — the U.S., Russia, China, Britain and France.

The International Criminal Court, the world's permanent war crimes tribunal, is an independent body, but the Rome Statute that created it gave the U.N. Security Council two roles — it can refer cases to the court, and it can defer an investigation or a prosecution for a year.

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