EAC backs transfer of Hague cases to Arusha

April 26, 2012 2:51 pm


Dan Ogalo makes his contribution on the floor of the House/COURTESY
NAIROBI, Kenya, Apr 26 – The East African Legislative Assembly on Thursday unanimously endorsed and adopted a Motion urging the East African Community presidents to call for the transfer of the Kenya Post Election Violence cases to the East African Court of Justice (EACJ) from the ICC.

The regional assembly passed the resolution seeking to have the two cases against four Kenyans at The Hague referred to Arusha under the auspices of the EACJ.

The Motion which was introduced by Dan Wandera Ogallo from Uganda will now be presented to the upcoming 10th Extra Ordinary Session of the EAC Summit expected to be held in Arusha on Saturday.

In his Motion, Wandera said the push to have the case tried at the EACJ was necessitated by the need to safe guard the community’s common value, fundamental interests and independence.

He explained that there is a mechanism in the region that member states can turn to for justice.

The resolution was that Kenya has over the last four years demonstrated its ability to resolve the matter locally.

The Motion which was seconded by Gervaise Akhaabi of Kenya, directed the EAC Council of Ministers to embark on process of requesting for the transfer of ICC cases and instituting them in the EA Court of Justice on the basis that the acts complained of are of contraventions of the Treaty.

Under the EAC Treaty, the EACJ is mandated to ensure adherence to the law and compliance to the treaty.

Deputy Prime Minister Uhuru Kenyatta, former Head of Civil Service Francis Muthaura, Eldoret North MP William Ruto and journalist Joshua arap Sang are facing trial at The Hague based court.

On Wednesday Kenyatta and Muthaura filed an application before the Trial Chamber V seeking for postponement of their trial pending an outcome of the Appeals Chamber decision on their challenge to jurisdiction of the court to handle the matter.


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