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STATEMENT ON CONSTITUTIONAL PETITIONS BY THE PRESIDENT Our attention has been drawn to a report in the Standard Online attributed

to one Ndungu Wainaina, Executive Director of International Center for Policy and Conflict (ICPC) over two constitutional petitions filed at the High Court of Kenya. The petitions, against Safaricom and Airtel, touch on the cases at the ICC and were filed by President Kenyattas lawyers. The cases against President Kenyatta and Deputy President William Ruto at the ICC have not been heard and determined. But as always those who pretend to campaign for the rule of law appear to go against the very law as well as the rule of natural justice where one is presumed innocent until proved guilty. Attempts by Wainaina and others of his ilk to pass judgment in the public court is unacceptable. They must await the court decision in the matter. The President and Deputy President have a right to use all available legal avenues to prepare their defense adequately before commencement of the ICC hearings. The constitutional petition filed in the High Court of Kenya by President Kenyattas lawyers is part of such preparation and the judge who heard the petitions in camera was within the law. I am sure Ndungu Wainaina would want a sound defence if he were charged for any offence. The President, Deputy President and any other Kenyan facing the ICC or any other court have rights to a fair hearing and should be spared partisan analysis from selfproclaimed experts. Kenya and the international community are waiting for the truth about the 2007/2008 post-election violence and hope some light would be shed from the ICC process. Manoah Esipisu Secretary Communication & State House Spokesperson July 30, 2013