IJCentral: International Justice Central

The New Year is knocking and its highlights would include how President Kibaki handles pressure by Parliament to pull Kenya out of the International Criminal Court (ICC) protocol.

This is because though Parliament has made clear its intention to get Kenya out of the Rome Statute, MPs have also given the President, whose signature is needed to accomplish the task, 60 days to start the process or they take unspecified action against him.

The ICC headache to the President also manifests itself in the fact that should the six prominent Kenyans listed as post-election violence chief suspects be indicted in the next few weeks, he will also have to take the hard decision of handing them over, especially two of his ministers and one on suspension over an unrelated issue.

Though the President was quick to dismiss the prospect of the public officials and ministers mentioned being asked to step aside until they are cleared as premature, he still will have to make the ultimate decision on whether they should do so.

Kibaki also has to ensure the implementation of the Constitution remains on course and is free of political interference.

Yesterday he appeared to be on track when he signed into law the three Bills establishing Commission on Implementation of the new Constitution, Revenue Allocation Commission and the Judicial Service Commission.

Implementation of the Constitution starts working by the start of the new year and ensure it gets the co-operation it requires to fast-track legislations to anchor the new laws.

But it is on the ICC matter that Kibaki probably finds himself in a difficult position. Parliament has already passed a Motion setting the stage for Kenya’s withdrawal from the Rome Statute. The difficulty arises from whether he should listen to Parliament and write to the UN secretary general or ignore his MPs’ demand.

If he chooses to ignore Parliament, he would have to contend with the anger his action would excite among MPs and even his close ministers, who voted for the Motion moved by Chepalungu MP Isaac Ruto.

Parliament sanctions

This week, MPs from his PNU side demanded he should write the letter within two months or face sanctions from Parliament. The MPs did not say what type of sanctions they have in mind but the leverage they have against Kibaki could include making it difficult for Government to pass Bills through Parliament.

Should Kibaki go ahead and write to the UN, he would have to be ready to deal with the internal ramifications of his actions and perception he is fanning impunity.

Unlike Prime Minister Raila Odinga who has stated he does not support the withdrawal from ICC, Kibaki is yet to make his position known. But his statement on December 16 when ICC chief prosecutor Luis Moreno-Ocampo named the six suspects he wants tried for crimes against humanity showed ICC had ruffled him. MPs could also have been emboldened by Kibaki’s perceived displeasure with Ocampo’s finality.

If Kenya withdraws from the Rome Statute, international reaction would not be favourable. Last week, 12 envoys from the EU advised Kenya not to withdraw from the ICC.

But within Africa, informed sources reveal if Kibaki withdraws Kenya from the ICC, he could open a floodgate of such actions from other African countries that signed the statute.

The Vice Chairman of the AU Commission, Mr Erastus Mwencha, said AU’s position is African should strive for home grown solutions to end problems affecting it. “It is in their own interest they do that,” he added.

He said he was not aware if Kenya had asked the AU to intervene in the issue but revealed the AU headquarters is closely watching the events between Kenya and ICC.

An informed source who works in ruling coalition also revealed some senior officials in Government are more inclined to have AU take up the Kenya case at the UN — including asking the Security Council defer the Kenya case — rather than withdrawing from the ICC. “That channel will soon be pursued, given Kenya has already shown its displeasure with ICC,” predicted Ndaragwa MP Jeremiah Kioni.

Act on recommendations

Some MPs vow they would forgive Kibaki if he does not start the process within the next two months. Usually when a Motion is passed in Parliament, the Executive is given two months within which it is supposed to act on the recommendations of MPs.

In case of failure, Implementation Committee of the House would report back to MPs on the Executive’s refusal to act on the recommendations.

Kigumo MP Jamleck Kamau, who chairs the Implementation Committee, says: “The law is very clear Parliament does not act in vain. We expect the President, who has been in Parliament long enough, to understand the rules better to act. If he doesn’t within the mandatory 60 days, we will report to the House for a next step of action,” warned Kamau.

He said majority of MPs support the move and, “we will have our way… We will wait for the President to either act or not within the 60 days as per the Standing Orders, if nothing is done, then we have many options which we cannot divulge now”.

Pressure from MPs

Assistant Minister Kareke Mbiuki warned MPs could “scuttle any Government Bills which may come to the House”.

But Assistant minister Langat Magerer termed the push “an exercise in futility… We can not alienate ourselves from the rest of the world because of a few who want to defeat justice”.

Chepalungu MP vowed Parliament would apply pressure on the Executive. “We are determined and nothing will deter us…it will be pressure, pressure and more pressure until we free our beloved country from ICC,” declared Ruto.

Konoin MP Julius Kones said the Government has no choice but to implement Parliament’s decision, adding that “the PM’s action is a confirmation that he may have been involved in manipulating the investigations and it is dishonest of him to fault MPs from outside Parliament”.

source: The Standard