MPs back Imanyara’s Bill on local tribunal

By David Ochami

The push to set up a special tribunal locally to try post-election offences gained fresh momentum as MPs threw their weight behind a privately sponsored Bill to start the process.

The MPs met officials from civil society groups including Law Society of Kenya (LSK), International Commission of Jurists (ICJ) and Federation of Kenya Women Lawyers (Fida) and launched a website to bolster support for the Bill sponsored by Imenti Central MP Gitobu Imanyara.

Imanyara’s Constitution of Kenya (Amendment) Bill 2009 seeks to amend the Constitution to remove presidential immunity from prosecution and Attorney General’s powers to direct and terminate court cases.

Pardon criminals

Bills rejected by the House in March had been silent on the conflict between constitutional guarantees of presidential immunity and the provisions of the International Crimes Act.

The Bill also seeks to remove powers of the President to pardon convicted criminals through a constitutional amendment. Proponents now say the tribunal will meet international standards but not stop the International Criminal Court (ICC) from prosecuting principle masterminds of the mayhem after the polls.

If adopted through a two-thirds majority vote by Parliament, the Bill will achieve the threshold of Article 27 of the Rome Statute that establishes the ICC.

Former Kabete MP Paul Muite said the Bill meets international standards but urged its proponents who fought the March Bills to address perceptions that "you have changed positions" after opposing local trials whatsoever.

Mr Imanyara denied shifting goals and accused the Executive of fostering belief that "Parliament is opposed to a local tribunal". He said the Bill expected in the House next week accords Government an opportunity to "demonstrate political good will after procrastinating with this matter for a long time".

And the MP warned: "If this fails we will ask Kenyans to take over [the search for justice] through peaceful protests and demonstrations".

Although he characterised his proposal as a "water tight attempt that insulates the process from any manipulation", Imanyara invited views to enrich it as Kimilili MP Eseli Simiyu complained the Bill does not demand immediate resignation of indictees or suspects under investigation.

Executes arrest

MP Mithika Linturi (Igembe South) claimed the Bill enjoys widespread public support as Charles Nyamai (Kitui West) sought guarantees police commissioner who executes arrest warrants in the Imanyara Bill can also be arrested if indicted.

Kajiado Central MP Joseph Nkaissery said he will lobby MPs to support the Bill but called for more local judges in the tribunal.