Jackson Mwangi and James Ndirangu Kuria are asking the Kenya High Court to restrain Deputy Prime Minister Uhuru Kenyatta, former head of Public Service Francis Muthaura, Eldoret North MP William Ruto and radio presenter Joshua Sang from subjecting themselves to the ICC process, or receiving its summons, pending hearing of their application.
They want the court to enjoin the Office of the Public Prosecutor at the ICC as a respondent, and the four accused Kenyans as interested parties in the application.
High Court judge Isaac Lenaola Friday directed them to serve all those affected, including the accused four, with the application. It will be heard on April 26.
The applicants, whose petition challenging the Rome Statute is also pending in court, are seeking the orders pending determination of the petition.
They will be in court on May 18 to take a date for hearing of the petition, which claims that the Rome Statute that created the ICC was in conflict with Kenya’s Constitution.
ICC Prosecutor Luis Moreno- Ocampo accuses Mr Kenyatta, Mr Ruto, Mr Muthaura and Mr Sang of being responsible for the 2007/2008 post-election violence, which left 1,133 Kenyans dead and displaced 650,000 from their homes.
Mr Ruto and Mr Kenyatta have declared that they were in contention for the presidency in the next General Election.
Their trial at the ICC may begin in the next few months following confirmation of the charges against them and appointment of judges to handle the Kenyan cases.
Mr Mwangi and Mr Ndirangu’s suit could have a bearing on the ICC process; they want the court to declare that it was unlawful for the Waki Commission, which investigated the chaos, to conceal names of persons believed to bear the greatest responsibility for the violence.
They want the court to compel the Office of the Prosecutor to release to them all the names contained in a sealed envelope that the Waki Commission handed over to Chief Mediator Kofi Annan.
The applicants argue that the names had never been disclosed to the public or the Waki Commission’s appointing authority.
They say that they wanted the names to be disclosed to them to enable them prosecute the application competently, arguing that their right to information was protected by the Constitution.
The former UN Secretary-General handed over the envelope to the ICC when Kenya failed to establish a local mechanism to try the perpetrators of the post-election violence.