CORD, Jubilee MPs seek deal over International Criminal Court

Deputy President William Ruto is received by Mwala MP Vincent Musyoka as he entered the courtroom where he is being tried for crimes against humanity at The Hague, Monday. [Photo: DPPS]

By Alex Ndegwa and Geoffrey Mosoku

Nairobi, Kenya: MPs from both coalitions are working on a bi-partisan plan to shore up Kenya’s bid to have International Criminal Court (ICC) cases against President Uhuru Kenyatta and his deputy William Ruto suspended.

The Standard established the group of MPs from ruling Jubilee and opposition CORD held first talks at Parliament Buildings last Thursday.

Today, the MPs pressing for an Inter Party Parliamentary Group (IPPG) forum to broker a deal on ICC cases are scheduled to have another meeting.

At least 25 MPs are involved in the initiative “to provide a bi-partisan backing” for the government’s petition to the United Nations Security Council (UNSC) for deferral of the cases for one year.

But the parliamentary initiative, according to a working document seen by The Standard, acknowledges deferral only “postpones the problem” and is exploring a “sustainable solution”.

That includes establishing a domestic justice mechanism to petition the ICC to refer the cases, compensation of victims and a truth commission on the 2007 post-election violence.

The team led by Kitutu Chache South MP Richard Onyonka claims its motivation is “finding a Kenyan-driven solution to the ICC cases, anchored on ensuring justice for the victims, fostering national reconciliation while preserving Kenya’s sovereignty and territorial integrity”.

Security Council

It is seen as an attempt to forge a bi-partisan resolution to bolster Kenya’s petition to the UNSC, after the acrimonious fallout following the Jubilee-backed resolution to end the country’s membership of the ICC. Instructively, the new initiative urges government not to sever ties with ICC but press for reforms of the court at a meeting of State parties scheduled on November 20 to 28.

Citing the African Union-backed Kenya’s petition to the UNSC calling for deferral of cases before President Uhuru’s scheduled appearance at The Hague on November 12, the MPs say it would be critical for the National Assembly and the Senate to provide a bi-partisan backing for this process.

“A bi-partisan motion in this regard would send a strong message to the UNSC that this is a national matter that enjoys broad domestic support,” the document reads, citing the council acknowledged the Westgate terror attack constituted a threat to international peace and security.

It is, however, unclear what weight Parliament’s resolution will have on UNSC decision.

“Deferral of the ICC case only postpones the problem. A sustainable solution would include establishing a domestic justice mechanism that eventually triggers the complementarity clauses of the Rome Statute and have the cases handled in the country,” it adds.

It proposes the House Justice and Legal Affairs committee could hold consultations with relevant parts of the Judiciary, the Executive and the Civil Society and provide recommendations on the next steps.

“Justice and compensation for the victims is critical for national healing,” says the document. It is envisaged that Parliament will have powers to determine the amount of compensation to the victims of post-election violence.

The committee would also review different models and propose Kenyan-driven mechanisms for bringing justice to the victims.

It proposes a new Truth, Justice and Reconciliation Commission. Onyonka took members through the proposals last Thursday.

During the meeting, Suna East MP Junet Mohamed reportedly pressed for the matter to be steered by the top leadership of the two coalitions, emphasising chances of success were higher when it was handled in structured manner at party level.

“The leadership of CORD headed by (former Prime Minister) Raila Odinga must be fully involved in this matter before it is formally introduced in Parliament,” Junet is understood to have told the meeting.

Monday, MPs Onyonka, Junet (ODM), Katoo ole Metito (Kajiado South, TNA), Johnson Sakaja (nominated, TNA) and TJ Kajwang (Ruaraka, ODM) confirmed the ongoing discussions.

“The feeling is that the country needs to be stable and the most mature way to handle the ICC matter is to sit down as leaders and find a common position that will lead to a bi-cameral resolution by both Houses,” Onyonka said.

Political affiliation

Sakaja said MPs had agreed to come together over the issue irrespective of political affiliation.

“Parliament took us to The Hague, it can also get us out. As MPs we need a resolution that is united; that can move the country forward; this is not a Jubilee or CORD affair, but a Kenyan agenda,” Sakaja added.

Metito, who is the Majority Chief Whip, added: “We were reviewing what needs to be done in a bi-partisan approach.”

“Nothing much has been agreed upon yet, but give it one or two weeks, we may have struck a common ground,” Junet told The Standard Monday.

“I was in Siaya when they met but we have given them a go head to deliberate and come up with a resolution that we will consider is acceptable,” Kajwang added.

But Majority Leader Aden Duale said Monday: “The government is not part of that initiative.”

Former Prime Minister Raila Odinga’s spokesman said he was not privy to the initiative as he is on a visit to the US.

“It must have begun while we are out here,” said Raila’s spokesman Dennis Onyango.

On ICC membership, the document states the National Assembly and the Senate should defer any discussions on pulling out of the court so that Kenya and AU can push an amendment of Rome Statutes at the meeting of the State parties. Kenya and African Union should seek to amend the Rome Statute during the November 20 to 28 meeting.

“The motions passed by the Senate and the National Assembly have attracted attention to the need for the ICC to be flexible, and the court seems to be listening. Tactfully, the threat to end membership has worked. But this should not proceed to the next stage of withdrawal,” reads the document.