By Alex Ndegwa

For the second time in a row, MPs have boycotted debate on a Bill to establish a Special Tribunal to try post-election violence suspects.

Debate on the Constitution of Kenya (Amendment) Bill 2009 sponsored by Imenti Central MP Gitobu Imanyara has aborted on both occasions with hardly 20 MPs in the House.

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

MPs’ apathy towards the Bill in the preliminary stages of legislation spells doom. A Constitutional Amendment must garner two-thirds majority for it to pass, which translates to 145 MPs.

Despite the odds, Imanyara remains hopeful. He claims majority of MPs are backing the Bill but are wary of openly supporting it on the floor of the House for fear of a backlash.

But interviews by The Standard on Saturday show opposition to the Bill is a marriage of convenience – members with different motives but nevertheless conjoined by the desire to kill the Bill.

Among those who have given the Bill a wide berth are MPs from the Rift Valley, the epicentre of last year’s post-election violence. The group has no time for a tribunal saying healing and reconciliation should be given a chance.

Chepalungu MP Isaac Ruto captured their disdain for the Bill when it stalled last week, curtly remarking how a legislation that could not even raise quorum was expected to garner the requisite majority in the vote.

"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 said.

Then there is another group that believes local trials will be a charade and only the International Criminal Court (ICC) can deliver justice. These MPs argue powerful suspects would manipulate local trials and turn the tribunal into a platform to inflame ethnic passions. "I have no faith in the Judiciary and I am not convinced a local tribunal will put away high profile criminals," says Molo MP Joseph Kiuna.

Those who prefer the ICC argue if the Government was willing to punish suspects and uphold rule of law, it would have done so under the existing mechanism. "The fact that suspects are roaming free yet there is the law and local courts demonstrates the Government is not committed to firmly deal with the matter," says Subukia MP Nelson Gaichuhie.

Yet another group is suspicious about Imanyara’s change of heart to spearhead latest hunt for a local tribunal. In February, Imanyara headed a wave of opposition that killed the Government attempt to establish a tribunal and called on the ICC to act. Now MPs who were in the "let’s not be vague let’s go Hague" bandwagon are questioning why Imanyara has switched sides.