Web Archives
Listen Live
 
Banner
Download
Capital Websites +
  • Related Story

  • Sorry no related story

Fresh trouble for Kenya tribunal Bill

BY LABAN WANAMBISI
Updated : 123days and 14 hours and 11 minutes ago

facebook Facebook Twitter Email Print  
 

NAIROBI, Kenya, Nov 11 - The controversial Special Tribunal Bill on post-election violence ran into fresh trouble on Wednesday, when debate was cut short barely after it had started due to a quorum hitch in Parliament.

When Central Imenti MP Gitobu Imanyara moved debate on the Bill after morning question time, the number of MPs in the chamber began dwindling, setting the stage for a series of hitches.

As Mr Imanyara concluded his comments, he called out to Kisumu Town West MP Olago Oluoch to second the Bill; he was nowhere to be seen and Garsen MP Danson Mungatana - who is also a lawyer - was beckoned to step in and save the day.

Although unprepared, Mr Mungatana successfully seconded the Bill and Deputy Speaker Farah Maalim opened the floor for debate. Mr Mungatana urged his fellow lawmakers to pass the Bill to ensure an end to impunity in the country.

"These Kenyans who are victims are looking to us today, it is time for us to rise to the moment and listen to the cries of the people in the countryside; they want to see those behind the violence face justice; it is important to provide leadership," he said. 

Kuria MP Dr Wilfred Machage took to the floor to contribute to the debate but had hardly spent a few minutes on the floor when the attention of the Speaker was drawn to a lack of quorum in the chamber.

"When International Criminal Court Prosecutor Luis Moreno Ocampo was here the two principals for whom I have great respect, put on a brave face and said that they cannot allow Mr Ocampo to take up prosecution of those suspected to have financed and planned the election violence, they just remained mum," Dr Machage said.

But Gwassi MP John Mbadi disrupted debate saying: "There is no quorum and I don't think it is adequate enough to give this Bill enough attention."

At the time, only 18 lawmakers were in the House.  As is procedure, the division bell was rung but the requisite 30 MPs could not be mustered for debate to continue.

Mr Imanyara later told journalists that some powerful politicians had hijacked the Bill with an aim of ensuring that it flops in Parliament.

"This is sabotage.  The government is trying to use all means to sabotage and ensure that we don't succeed in establishing the local tribunal. That is why they are taking Cabinet Ministers to the Coast (for a retreat), and then they will keep sending them to conferences just to make sure we flop," he said.

Mr Imanyara called on the President and Prime Minister to rally MPs to support the Bill which he said is complementary to the ICC. The International Court has in the past said it will prosecute those found highly responsible for the violence.

"Passing this Bill will strengthen our sovereignty and show critics and detractors that we are not a failed state but a state that is able, ready and willing to regulate her own affairs," Mr Imanyara said.

A number of MPs are sceptical of the Special Tribunal saying they would rather have perpetrators tried at The Hague.  They argued that it was Mr Imanyara who lobbied them to reject the original Bill which had been sponsored by the government earlier this year.

"We want Mr Imanyara to tell us what has changed, he came and told us that our Judiciary is not up to the task... our institution cannot be trusted. We just came from a war and we still think the country has not yet healed; the wounds are still fresh," Mutito MP Kiema Kilonzo told journalists after debate aborted.

Some MPs say that some of those likely to be prosecuted hold immense influence among their communities.

"You remember what happened during (South African President) Jacob Zuma's anti-graft trial where one community packed the hearings.  What is to prevent that from happening here, we are still healing and we don't want a repeat of last year's events," said Mr Kilonzo.

Meanwhile, a cross section of civil society organizations has called on MPs to expeditiously debate and pass the Bill.

International Centre for Policy and Conflict Programmes Director Ndung'u Wainaina said that this is the only effective way to seek justice.

"This is a historical moment for people of Kenya which must not be lost to take steps and decisively end the historical cycle of impunity that has given rise to massive suffering of individuals and community," he stated.

The Bill, which requires a two-thirds majority in the House to sail through, is due back in Parliament next Wednesday since debate as already began.

 
Comments (8) posted
Dan (November 12th, 2009, 4:37 PM)
The problem is the IMPUNITY as perpetuated by the current law. The first culprit of the post election violence is none other than KIBAKI, it's through his careless actions of rigging even after having received clear intelligence signals, he went ahead to perpetuate rigging mechanisms, forced himself to power through rush swearing in even as Kenya was clearly smoking fire! to fight impunity we must start from above and KIBAKI has a strong case of crime against humanity. He ordered police to crack down any protests be it peaceful. The police used live bullets at executive order, Mungiki's were blessed to go kill by the statehouse...!!! Mr. Kibaki must face the law otherwise nobody should be victimized for having protested to injustices of Kibaki forcing himself to power. NO IMUNITY FOR KIBAKI.
 
Garissa (November 12th, 2009, 11:11 AM)
if the MP vote for local tribunal,we put them there and we will kick them when it come to election this hosue needs clear sweep, let them know that voters have say when it comes to election 2012
 
joseph wandera (November 12th, 2009, 9:08 AM)
I think our MPs are crazy,they say this on monday and the opposite on friday.ICC issue,return of benz issue and now this.They really need to change and be prayed for.
 
joseph wandera (November 12th, 2009, 9:05 AM)
I think our MPs are crazy,they say this on monday and the opposite on friday.ICC issue,return of benz issue and now this.They really need to change and be prayed for.
 
beatrice (November 12th, 2009, 7:50 AM)
hi all readers,i think its high time our country should be run by enterprenuer instead of technician,i mean not those who think they know alot and they are just empty mikembe which make alot of noise
 
karis35 (November 12th, 2009, 3:04 AM)
Huyu mmeru alichapwa na Lucy at state house.That's why his bill is against presidential powers.Vaite murume , this bill can not pass in it's current form.You have to amend it.We cannot put a president in the dock.You may have to wait until after 2012 to put Kibakis in the Dock
 
Yalahow (November 11th, 2009, 7:24 PM)
I agree with Wajirian, Mr Imanyara cannot be trusted with any legal mattars. if he objected when the issue of local trubinal was hot how can he now advocate for the case? He must have sinister motives. In the minds Wagalla bereaved fimilies is still fresh the Wagalla massacre. Mr Imanyara has betrayed the orphans of Wagalla and I do not know how can we trust him now.
 
Wajirian (November 11th, 2009, 6:42 PM)
Mr Imanyara has double standard behaviour. In the past he sabotaged Wajir massacre hearing in the court of justice where he was the lawyer of the Wagalla victims. How can he be trusted? Mr Imanyara can you come clean the issue of Wajir massacre where you were hired to help the victims and bereaved families? Instead you sabotaged case and left in the dark up to today. the Kenyan people will never trust you again.
 
Post your comment  icon
 
   
   
   
Please enter the code you see in the Image:
    capcha
   
     
 
Blog
Laura Walubengo Says
Are you scared of another 1,500 people dying in 2012? Do you think politics caused it? Why does your own creation scare you?
Read Blog