Members of Parliament boycotted the latest effort to establish a special tribunal locally.

All but 18 MPs stayed away from House during debate on a crucial Bill, confirming suspicions opposition to the special courts is still strong in Parliament.

Imenti Central MP Gitobu Imanyara on Wednesday moved a private member’s Bill seeking to set up a court to try post-election violence suspects. Garsen MP Danson Mungatana then seconded it.

But as Roads Assistant Minister Wilfred Machage was on the floor contributing to debate barely an hour later, Gwasi MP John Mbadi alerted the Speaker to lack of quorum.

The House cannot transact any business once the Chair has been informed there are less than 30 MPs in attendance.

In February, Parliament resoundingly rejected a Government-sponsored Bill with a similar goal. Fearing another failure, the Cabinet rejected Justice Minister Mutula Kilonzo’s plan to table a second set of Bills in July. Instead, ministers chose to explore other mechanisms that would not require MPs’ approval.

On Wednesday, after waiting for five minutes for members to come to the House to make the requisite quorum, Speaker Kenneth Marende ended the morning session prematurely.

Imenti Central MP Gitobu Imanyara at a past Press conference. MPs stayed away from House during debate on Imanyara Bill. Photo: File/Standard

Parliament’s boycott comes days after International Criminal Court chief prosecutor Luis Moreno-Ocampo indicated he would request ICC judges to open investigations on Kenya case next month.

Mr Moreno-Ocampo made the announcement after a meeting with Kibaki and Raila in which the Government declined to formally refer the matter to The Hague.

Despite the setback, Imanyara expressed optimism noting the Bill had been moved and seconded.

The constitutional amendment Bill will require a two-thirds majority vote at the Third Reading (Committee of the Whole House) to pass. This means securing 145 ‘Yes’ votes.

After the House adjourned, Imanyara claimed the Government is frustrating the legislation.

"They are telling the ministers and assistant ministers to go to Mombasa to deprive the Bill the requisite numbers," he told journalists.

Ironically, Imanyara led the charge against the Government-sponsored Bill in February.

The Cabinet is retreating to a three-day bonding session at the Coast beginning tomorrow, at the invitation of President Kibaki and Prime Minister Raila Odinga. The meeting is expected to discuss constitutional review. Imanyara claimed some MPs were supporting the Bill but feared openly expressing their opinion for fear of a backlash.

Seconding the Bill, Mungatana said by passing it, the House will be redeeming the lost hope among Kenyans that the legislature had failed to live up to its role.

"Kenyans out there have hopes in this House," he said. "All the victims are looking up to this House to put in place mechanisms through which they will have justice."

The Garsen MP was standing in for absent seconder Olago Aluoch. The Kisumu Town West MP was in the House earlier, but had stepped out when called upon by Imanyara to second.

Mungatana said he expected all the MPs to rally behind the Bill to help restore the country’s pride.

"We are not against anybody or the Government’s reconciliation efforts, but we must have the schemers, financiers and the executors of the violence punished as we seek reconciliation," said Mungatana.

Dr Machage, who was on the floor when Mbadi alerted the Speaker of the quorum hitch, said it was unfortunate that Kibaki and Raila had failed to act according to the expectations of the Kenyans.

"It is now clear that the two leaders have found it hard to make a commitment that they will cooperate with the ICC by handing over prime suspects. The leaders have shied off because some of the suspects are their friends in Government," said the Kuria MP.

He said he declined to support the Government Bill as presented then by then Justice Minister Martha Karua saying it had been tailored to shield key suspects in Government.

Speaking in Kiswahili, Machage said he has since decided to support the same revised Bill presented by Imanyara on grounds that none, irrespective of their offices, will be spared if the Imanyara Bill was passed.

Borrowing from the Bible, Machage said just like it happened to two brothers when one killed another and veined ignorance, only for God to remind the killer that his blood was crying for justice, the same case was applying locally.

"Those killed during the clashes have their blood crying for help from the MPs. This is the time for Kenyan to know who their leaders are and what they stand for," said Dr Machage.

Moving the Bill, Imanyara said, even though he was the initiator, he had received input from million of Kenyans who were banking on the MPs’ decision to establish a local tribunal to try other suspects besides those to be tried at The Hague. The three MPs said the Bill was not targeting any individual but a means to have criminals in the post election violence punished.

They said Kenya has suffered immensely through official impunity; a culture they said will only be addressed if the Bill was passed. Imanyara said the Bill meets all the international standards and will see justice to all. The MPs said the Bill would see all the victims compensated in a more structured manner and that it will strictly be above any attempts to influence its decisions.

Among those absent from the Chamber were Rift Valley MPs. Chepalungu MP Isaac Ruto told reporters at Parliament Buildings the House would not pass the Bill.

Although Ruto skirted queries why MPs absented themselves from the House on the second day after resumption from a two-month break, he alluded to a plot to boycott the Bill.

"It’s not Parliament that lacked MPs. It is the Bill that did not raise quorum," he said.

"This Bill has been recycled so many times. Parliament cannot be asked the same question all the time. We made it clear we are not interested in this Bill."

Ruto wondered how the legislation was expected to garner the requisite majority if it could not even raise quorum. The MP claimed consultations were only held out of Parliament, alleging MPs were not involved.

"This Bill has blessings of certain elements in Government," he said.

"We want to strengthen existing institutions," Ruto said, saying the clamour for a tribunal should be abandoned.

Asked whether he stood for post-election trials to be conducted by the ICC, he responded: "If you want an external body to take over these cases, then the current Government must resign because its an indictment it’s not in charge."

He said if the ICC must step in, it must take full charge and investigate even "main beneficiaries" of the power struggle.

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