Kenyatta's ICC appearance polarizes Kenya

Kenyatta's hearing on Wednesday (08.10.2014) is not the kick-off of the trial. His appearance is only to discuss outstanding issues. Judges at The Hague had threatened him with an international arrest warrant should he failed to appear at the pre-trial hearing in person.

After the hearing, which already began on Tuesday, the court has to decide on a possible date for the beginning of the actual proceedings. The Kenyan President's trial has been moved three times already, the final date was set for 7. October 2014. Chief Prosecutor, Fatou Besouda, attended the pre-trial hearing in person.

Kenyatta, like his deputy, William Ruto, has been accused of crimes against humanity. He is accused of orchestrating the 2007 post-election violence, in which murder rape and deportation were committed. More than 1,000 died in the riot. "My conscience is clear. I am innocent", Kenyatta said Monday (06.10.2014) to the Kenyan Parliament.

"I will not attend the court proceedings in The Hague as President of Kenya," Uhuru Kenyatta said during his speech to the nation before his departure. He appointed his deputy, Ruto, to manage state affairs while he is away in The Netherlands.

"An insult for all Africans"

People in Kenya reacted with mixed feelings on Kenyatta's long and delayed decision to participate in the pre-trial hearing in The Hague. Many are critical of the International Criminal Court thanks to Kenyatta's campaign against the court in the Kenyan and African Union parliaments. Last fall, the Africa Union described the court as a "neo-colonial instrument".

"The International Criminal Court is attempting to undermine Kenyatta's authority, that's how it feels to me as a Kenyan," a pedestrian in Kenya's capital Nairobi told DW. "It's good, if he can clear his name again," said another. "We want him acquitted so that he can work for us Kenyans."

Another pedestrian asked, "Why could he not participate via video link? It is humiliating that he must travel to The Hague; it is beneath the dignity of a President. This is an insult for all Africans."

Only a few Kenyans seem to favor the Court's decision that Kenyatta had to personally travel to The Hague. These arguably suggest the mood on the streets of Nairobi. "It is important that he travels to The Hague, because it has far-reaching consequences for our relations with the rest of the world," a pedestrian admitted. "It is a sign that no one is above the law," added another.

A third pedestrian maintained that Kenyatta's case should make Kenyans think about the kind of leader they wanted: "Do we want people who are creating disaster and those who are responsible for the death of Kenyans to lead us? Or do we want leaders who want to promote our country and our democracy?"

Victims demand justice

The victims of the violence put great hope in this International Criminal Court indictment. "The pastor in the church says we all will face justice in the world hereafter. I thought that The Hague was something like the world hereafter", said Felistus Akoth Audi, whose 14 year old son was shot in the leg by a policeman during the riots.

But key witnesses who were perhaps intimidated have withdrawn from the case. According to the court, Kenya has also not submitted key documents that were requested by the court and is sabotaging the investigations. "Now I do not believe anymore that there will be justice in The Hague", said Audi.