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Wednesday, August 9, 2023 –President William Ruto can nolonger be charged at the International Criminal Court ICC.
This is after he finally signed what is called the Malabo Protocol of the Constructive Act of the African Union AU.
This Act, when signed by any government, immediately immunizes the head of State against any prosecution in a court outside Africa.
Now, this means President Ruto cannot be charged directly at the International Criminal Court ICC even if he goes on to commit atrocities against human kind.
The African Union adopted the Malabo Protocol 2014 so that to have African matters sorted at home in what it described as Regional Accountability Mechanism.
This is to ensure Africa has its own home-made solutions; what Kenya had not assented to since 2014.
With Ruto’s signature on the Protocol, this starts a three months process that will see him granted immunity against ICC charges.
And should President Ruto commit any offence, he will have to first be taken through the AU procedures before the ICC takes over the matter.
In the same manner, senior government officials will also have to be taken through the AU protocol first before the ICC can take any action.
In Article 4 of the Act, the AU states that it has the right to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances before any other third party.
This move by Ruto’s government is coming at the time Azimio la Umoja reportedly filed a petition at the ICC seeking justice against people killed by police officers during recent protests.
Raila’s lawyer, Paul Mwangi, had earmarked President William Ruto, his deputy Rigathi Gachagua and Inspector General of Police IG Japhet Koome as the main suspects in the next ICC case.
The Azimio brigade have claimed that they had gathered enough evidence of police brutality in the form of photos and videos which they intend to use to press charges at the William Ruto’s administration.
