MPs could miss Christmas break over ICC Motion

By PETER OPIYO and DAVID OCHAMI

Members of Parliament could miss their Christmas break, as some are intent to continue sitting until a Motion asking Kenya to withdraw from the International Criminal Court is dealt with.

The MPs want the Motion moved by Chepalungu MP Isaac Ruto passed before they can start their holidays.

Bomet Mayor Leonard Barsumei and Bureti County Council Chairperson Hellen Chepkwony during a press briefing in Eldoret, on Sunday. They questioned International Criminal Court Chief Prosecutor Luis Moreno-Ocampo’s wisdom in relying on reports by local commissions on post-election violence, rather than conduct own investigation. [PHOTO: Kevin Tunoi/STANDARD]

Besides the ICC Motion, the in-tray of the House is also full with crucial Bills including those on commissions to implement the Constitution.

On the Parliament’s in-tray is also the report on boundaries tabled by Legal Affairs Committee Chairman Ababu Namwamba. Debate had begun on the report and is expected to continue Tuesday afternoon.

Though the deadlines for the establishment of the Commission for the Implementation of the Constitution and the Revenue Allocation Commission have passed, some MPs are least concerned.

But it is the ICC Motion that could see Parliament failing to go on its traditional recess.

MPs allied to Deputy Prime Minister Uhuru Kenyatta and Eldoret North MP William Ruto are bent on pushing for the passage of the Motion calling on Kenya to withdraw from the Rome Statute that established the ICC.

Dujis MP and Assistant Minister for Livestock Aden Duale, a key Ruto ally, said according to majority of the MPs, the Motion is in order and they expect the Speaker to allow its debate.

Deputy Speaker Farah Maalim last week deferred debate on the Motion after legal issues were raised about its objective.

The Motion calls on the House to resolve that the International Crimes Act that domesticated the Rome Statute be repealed so that Kenya is not compelled to implement the Act.

Duale said they expect the Speaker to rule in their favour, pointing out the Motion was not calling for amendment of the Constitution.

"The Speaker has to rule in favour of Isaac Ruto because it does not seek to amend the Constitution and from the previous rulings, the Speaker has to be careful because the MPs may have another option," said Duale.

Trivialise role

But Ikolomani MP Bonny Khalwale said it would trivialise the role of Parliament as matters of national importance including Revenue Allocation Commission, the Commission for the Implementation of the Constitution and the boundaries issue are still pending.

"We shall be trivialising the role of Parliament at the expense of these national agenda. Let us finish with the national agenda and then we can talk about the mundane things like the ICC Motion, since this is something which, first of all is futile and second, pursued to save friends," he said.

Government Chief Whip Jakoyo Midiwo said it was hard to predict whether the House will go on recess, saying it will depend on the mood of the House concerning the anticipated ruling on the ICC Motion.