President Uhuru Kenyatta’s destruction
of the drug-laden ship in contravention of a court order last month has
come back to haunt him after the International Criminal Court (ICC) Prosecutor
, Fatou Bensouda, said she will use that to incriminate him further.
Through ICC lawyer, Fergal Gaynor, Bensouda
told ICC judges on Friday that Uhuru demonstrated that he is “better
placed to facilitate or to obstruct the provision of evidence to the court”.
“The accused ordered and personally supervised
the spectacular destruction of evidence in a pending criminal case on August
29, 2014.That destruction was reportedly in violation of an express order of
the High Court of Kenya not to destroy the evidence,” Gaynor said
adding that the Judges should not terminate cases facing Uhuru.
He also said Uhuru openly violated his duty to
respect, uphold and safeguard the Constitution, and to ensure the protection of
human rights and fundamental freedoms and the rule of law.
“If the accused can order the destruction of
evidence in Kenya in violation of an order of the High Court of Kenya, can he
surely order the delivery of evidence in Kenya to The Hague in compliance with
a direction of this court?” the lawyer submitted.
Gaynor also linked the infamous Anglo Leasing
case to Uhuru saying he ordered the immediate transfer to Swiss prosecutors of
potentially inculpatory evidence sought by Switzerland in regard to Anglo
Leasing.
Uhuru’s lawyers are yet to respond to
those allegations.
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