On October 12th 2013, the Extraordinary Session of the Assembly of the AU resolved that no charges shall be commenced or continued before any International Court or Tribunal against any serving AU Head of State or Government or anybody acting or entitled to act in such capacity during their term of office in order to safeguard the constitutional order, stability and integrity of Member States.
It was also decided that President Kenyatta should not attend trial against him at The Hague. The AU pushed for the deferment of the trials of President Kenyatta and Deputy President William Ruto, who are the current serving leaders of the Republic of Kenya, until they complete their terms in office.
Africa’s Foreign Ministers gathered at the African Union (AU) headquarters in Addis Ababa on October 11th, ahead of the extraordinary summit, to consider a continent-wide withdrawal from the International Criminal Court (ICC) in the context of the ongoing trial against President Kenyatta and his Deputy William Ruto. It was resolved that an outright withdrawal from the ICC was unlikely, but delegates would seek immunity from prosecution for sitting heads of states.
Ethiopian Prime Minister and AU chairman Hailemariam Dessalegn said the summit was not a crusade against the ICC but a call for the court to address Africa's concerns seriously. He added that the ICC's cases against the Sudanese and Kenyan presidents could hamper peace and reconciliation efforts in their countries. He further stated that Africa has been subjected to unfair treatment by the ICC and that it was completely unacceptable.
President Kenyatta is the second sitting head of state in Africa to be indicted by the court, after President Bashir. The court has also opened cases in Central African Republic, Ivory Coast, the Democratic Republic of Congo, Libya, Mali and Uganda.
The ICC has since made a decision to grant President Uhuru Kenyatta conditional absence from attending all the sessions when his trial commences next month.
In the meantime, African states are lobbying the Security Council of the United Nations to defer the cases facing President Uhuru Kenyatta and his Deputy William Ruto, whose trial is currently underway at The Hague