Leaders differ over Dutch police ‘intimidation’ of MPs

MPs addresses the press at The Hague. They are in Netherlands in solidarity with Deputy President William Ruto. [PHOTO: PIUS CHERUIYOT/STANDARD]

 

By FELIX OLICK at The Hague

Speaker of the National Assembly Justin Muturi and politicians allied to the ruling   Jubilee coalition have criticised Hague police for kicking out Kenyan MPs from the ICC entrance on Thursday.

Muturi said if the MPs had not violated ay court orderlies, then the move to kick them out of the ICC entrance was an unnecessary intimidation.

“ICC is an international court, not a Dutch court and international visitors to the court should be allowed and respected, not intimidated,” added Muturi.

A dramatic confrontation between the Dutch police and Kenyan parliamentarians ensued at The Hague on the same day the global court dismissed African Union plea for a deferral of the Kenyan cases on Friday.

The MPs and senators had declined to leave the court’s main entrance as ordered by the police where they had pitched tent waiting for the arrival of Deputy President William Ruto.

War of words

A war of words then ensued between the officers and the legislators with the latter threatening to take action

“We are here as the accused. We are not here as demonstrators,” Igembe South legislator Mithika Linturi said during the exchange. Sources indicated that armed and uniformed police officers were acting on Intelligence reports that MPs wanted to riot on Thursday following a ruling to have the first witness testify in camera.

“When you come here (Netherlands) you have to obey the rules,” said one police officer. But the lawmakers refused to budge insisting that Kenya is a signatory to the Rome Statute and therefore partly owns the ICC building.

“The simple question I want to ask you is, where do you expect the accused to stand if not in the courtroom because Kenya is charged here?” continued Linturi. “We are the people charged. We have to answer to the charges against us because the judges are on our case,” he said.

Western country

 In Nairobi, Mandera   County Senator Billow Kerrow, who is the Chairman of the Senate Finance Committee, said it was a surprise for a Western country, where freedom should be enjoyed more, to kick out MPs from the entrance of the court. “Why should the police kick out MPs from the entrance of the ICC yet they were peaceful, and posed no security threat?” questioned Kerrow.

Vihiga County Senator George Khaniri said the MPs have their democratic right to accompany the Deputy President because he is their leader, but they need to portray the image of Kenya in a good way.

“They should portray that Kenya is a civilised country and the people of Kenya understand the rule of law. I don’t have any issue with them accompanying the deputy president,” added Khaniri.

Leaders from Mt Kenya region on their part termed as primitive and an act of intimidation by the ICC to order Kenyan MPs out of the entrance to the court. As the MPs were engaging the Dutch officers on Friday, the International Criminal Court dismissed a request for a deferral of the twin Kenyan cases by the AU. In a candid letter to Ethiopian Prime Minister Hailemarian Desalegen and copied to AU Commission Chairperson Dr Nkosazamu Zuma, the court said that their was no pending request for a deferral of the Kenyan cases.

“Since the admissibility challenge made by the Kenyan Government in 2011- which were ruled on more than two years ago.

No request for the deferral of the ICC proceedings in the Kenyan situation to the Kenyan national jurisdiction has been made,” said ICC Second Vice-President Cuno Tarfussser on behalf of the President Judge Sang Hyun Song.

The court was responding to request by the AU that the Kenyan cases be handled by the Kenyan ‘reformed judiciary’. In their response yesterday, Tarfusser also said that the presidency lacked legal powers to consider arguments related to ongoing cases, adding that it was the duty of the specific Chamber.

“The Presidency has no legal powers to consider arguments and concerns related to ongoing cases, and that such matters should be raised before the relevant Chambers in accordance with the Rome Statute and the ICC’s Rules of Procedure and Evidence,” the letter said.

This was in response to another letter dated September 10, requesting that President Uhuru Kenyatta and his Deputy William Ruto be allowed to skip some ICC hearings.

In their letter, the AU argued that the Kenyan Constitution does not envisage a situation where both the Head of State and his Deputy are out of the country at the same time.