In a suit filed under a certificate of urgency, Omtatah says there will be continued violation of the constitution if Kenya’s ratification of the Rome Statute is not annulled by the court.
“The court is unconstitutional. It’s not enough that the constitution states that “the general rules of international law shall form part of the laws of Kenya and that any treaty or convention ratified by Kenya shall form part of the law of Kenya under this constitution,” he says.
He further states that the two clauses do not make the treaties part of the Kenyan constitution.
Omtata says the Rome Statute is an extra ordinary treaty which requires member states to cede their sovereignty in aspects of criminal law to the ICC.
However, the ICC is not those courts established by the constitution or by parliament.
Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and radio presenter Joshua Sang have been indicted by The Hague based court and it may be a major reprieve if Omtata win the case.
The case will hear on October 10.
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