Kenyan lawmakers approve Motion to ditch ICC

September 5, 2013 4:39 pm
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He assured MPs that a petition compelling President Uhuru Kenyatta to reveal the names contained in the secret envelope which was handed to the ICC by Kofi Annan will come to the House.

Duale led Jubilee MPs in taking shots at civil society group, AFRICOG as well as former mediator and UN Secretary General Annan.

They said that Justice Phillip Waki who chaired a commission probing the cause of the post-poll violence committed a “constitutional coup” by handing the envelope containing the list of suspects to Annan, a person “who had no constitutional jurisdiction.”

The Jubilee MPs questioned the role of AFRICOG in the ICC process, citing a letter the group’s executive director wrote to the courts opposing the deferral of the Kenyan cases to Arusha.

“What we have is a civil society which is not a signatory and a country called Kenya which is a signatory but without a voice,” said Duale.

Minority Leader Francis Nyenze who spoke before the walkout termed the Motion as ill timed and urged his Jubilee counterparts against contemplating a pullout from the Rome Statute because Kenya willingly signed and agreed to the terms.

“It’s not good for the country to be seen to be hostile to the court. The timing is poor and it would not be good for Kenya,” he said. “The cases that are ongoing will not in any way be affected by our decision here today.”

Nyenze faulted Duale for recalling the House for non-issues while there are more serious matters to discuss than the Rome Statute such as insecurity and the high cost of living.

Ruaraka MP Tom Kajwang joined Nyenze in asking the House to handle the matter in a sober manner.

Legal Affairs Committee Vice-chairperson Priscilla Nyokabi said the committee was concerned about the trial calendar and the possibility of a power vacuum.

“The Legal Affairs Committee is concerned about impunity and justice for the PEV victims. We have proposed a Sh1 billion budget for a Special Tribunal with its own investigation division so that the cases can be tried in Kenya and a victim reparation programme,” she said.

The Motion was approved easily when put to vote.

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