[JURIST] The International Criminal Court (ICC) [official website] on Wednesday found [judgment, PDF] that Kenyan President Uhuru Kenyatta [ICC case materials; JURISTnews archive] must appear in court for his hearing next week, rejecting a request by the leader to be excused due to scheduling conflicts. The ICC stated that the case had reached a “critical juncture” and that “the requirements of justice in this case necessitate the physical presence of the accused in court.” The defense had suggested [BBC report] that if the hearing could not be postponed, Kenyatta could appear via video link, though this was also rejected by the court. Kenyatta was charged in March 2011 with five counts of crimes against humanity as an indirect co-perpetrator of the violence following Kenya’s 2007 elections, which led to more than 1,100 deaths. The president was summoned [JURIST report] to be present for a status conference on October 8 after an October 7 start date for Kenyatta’s trial was dropped. The ICC in its opinion stated that because the date of the conference was the same date that parties would have expected opening statements to take place, the Chamber found no merit in Kenyatta’s argument about plans made prior to the convening of the conference.

This matter marks the latest of many legal issues that have plagued Kenyatta since he was charged with crimes against humanity for the election related ethnic killings that occurred in 2007. In September the ICC decided to adjourn Kenyatta’s trial indefinitely [JURIST report], though the trial was resumed by the ICC’s summons later that month. The ICC also adjourned the trial in April, following similar measures in February and January [JURIST reports]. In February Kenyan Attorney General Githu Muigai told the ICC that Kenya would not turn over Kenyatta’s financial records [JURIST report] without a court order in compliance with Kenyan law. African leaders have joined together to speak out against Kenyatta’s trial, and in February the African Union called for African countries to “speak with one voice” against the trials of sitting heads of state in the ICC.