Senate to debate resolution on pulling out of Rome Statute

Jubilee leaders join in a jig during the homecoming party for Senator Kipchumba Murkomen (third left) at Iten Grounds. Speakers at the function supported withdrawal from ICC. [PHOTO: PETER OCHIENG/STANDARD]

By JACOB NG’ETICH

Parliament intensified the assault on the International Criminal Court (ICC) with a planned vote in the Senate on Tuesday on a resolution to remove Kenya from the Rome Statute, the treaty establishing the court.

“We will meet on Tuesday to complete what Parliament started to ensure that we get out of the ICC,” said Senate Majority Leader Kithure Kindiki.

If the Motion is approved, the Senate will write to ICC President Justice Sang-Hyun Song, requesting him to change the calendar of the Kenyan cases and to, altogether, drop the cases.

Elgeyo Marakwet Senator Kipchumba Murkomen said the Senate’s letter would detail complaints from Kenyans.

“We will write a letter to Sang-Hyun Song to complain to the court on the way they have handled the cases,” said Murkomen.

And the National Assembly, which approved a similar resolution to end Kenya’s membership of ICC during an acrimonious emergency session last week, will petition the Pan African Parliament to instigate a mass pull out by the continent.

Case One

Parliament stepped up the pressure ahead of the start of Case One at The Hague involving Deputy President William Ruto and journalist Joshua Sang.

Ruto will leave the country later today for the trial on crimes against humanity charges related to the 2008 post-election violence. Sang is already at The Hague.

Senate’s Motion follows last Thursday’s heated debate in the National Assembly that saw Coalition on Reforms and Democracy (CORD) MPs walk out of the Chamber.

National Assembly Majority Leader Aden Duale said he had asked the House’s representatives in the Pan African parliament to also table the Motion on the removal of the countries from the ICC.

“We have our members, five members in the parliament, and we have instructed them to move the same Motion, we want to see a mass walk out from the ‘political’ court,” said Duale.

Kenya has five legislators at the 235-member South Africa-based continental parliament who include Senator Kipchumba Murkomen, his nominated counterpart Janet Ongera, Kuresoi MP Zakayo Cheruiyot, Nairobi County Women Representative Rachel Shebesh and Mbita’s Millie Odhiambo-Mabona.

The Senate will debate the Motion on the removal of the country complete with the amendments that the 11th Parliament inserted.

Speaking during the homecoming party of Elgeyo Marakwet Senator Kipchumba Murkomen, Prof Kithure Kindiki said the Senate would convene on Tuesday to debate the Kenyan removal from the Rome Statute that gave rise to the international court.

Jubilee Senate Chief Whip Beatrice Elachi said the Motion enjoyed the support across the divide.

“We have the unanimous support of all the Jubilee Coalition senators and some from the CORD and we are confident that it will pass,” said Elachi.

Elachi said the ICC was a political court and the cases against the President and his deputy and Sang were politically motivated.

Former Vice-President Kalonzo Musyoka on Saturday warned Kenyatta against sanctioning a move to withdraw Kenya from the Rome Statute.

Speaking at Kilome constituency during the homecoming party of Makueni Women Representative Rose Museo, Kalonzo said withdrawing Kenya from the International Criminal Court (ICC) is not in the best interests of the country.

According to Senate Speaker Ekwe Ethuro, the ICC court was demeaning the country by putting a calendar that show that the President and his deputy will be out of the country at the same time.