The push to defer the criminal cases against the President and the Deputy President of Kenya today received overwhelming support from the East African Legislative Assembly. The Assembly has this afternoon passed a Resolution in support of the position adopted by the African Union at its extra-ordinary meeting of the Summit held in Addis Ababa on October 12, 2013.
The Resolution moved by Hon Christophe Bazivamo and seconded by Hon Mike Sebalu was emphatic that the ICC needs to defer the cases against the Kenyan leaders for the period that they shall be in office.
In the same respect, the Assembly has implored the Summit of the EAC Heads of State to establish a Court with criminal jurisdiction at which the Kenyan cases should be referred to and that it caters for future criminal cases of a similar nature.
The Resolution avers that whilst President Uhuru Kenyatta and the Deputy President, H.E. William Ruto have pending cases, they have a constitutional mandate to execute by virtue of their respective offices. “Their very absence while attending trial is thus not compatible with the principle of service to the people of Kenya”, the Resolution reads in part.
The Resolution states that the Constitution of Kenya makes provision for the protection of the President or person performing the said functions from criminal proceedings during their tenure of office.
The mover of the Resolution further notes that the EAC Summit of Heads of State, the Kenyan National Assembly and the Senate have shown unequivocal support for the deferral as has been the case from most African leaders.
During debate, Hon Patricia Hajabakiga said nobody could take away the responsibility of the two elected leaders to rule. “I do not support impunity but the ICC has not been fair to Africans she said. We are not second-class citizens”, she added.
Hon Mumbi Ngaru said it was important for the case of the third accused, Joshua Arap Sang to deferred as well. In as much as the chorus: Don’t be Vague, go to the Hague is still fresh in our minds, it is humiliating” she remarked. I stand by the President and Deputy President while maintaining that the Post Election Violence was a moment of madness and that our dilemma in the Hague today was self-inflicted. She stated that there was a new Constitution which promoted peace.
Hon Joseph Kiangoi remarked that the mandate of the Presidency was handed over by the citizens of the country. “It is unacceptable that a Head of State should be facing trial in a foreign land” he noted. “What we are calling for now is deferment to alleviate the suffering of the Kenyan people at the moment”.
Hon Susan Nakawuki supported the motion saying although the ICC had granted the permission to miss out on some sessions, deferment at this point in time was still fundamental.
Hon Mukasa Mbidde however opposed the motion on the basis that it was practically impossible to defer the case for a period of more than 12 months. As a matter of fact, the ‘indicted persons’ were later elected President and Deputy President of the Republic of Kenya.
“At the moment, there is no Court that has jurisdiction to try such cases even after EALA passed a Motion in that direction. Even non-state parties can be tried in the ICC such as the Darfur matter”, he said.
The Chair of the Council of Ministers Hon Shem Bageine however said the cases need withdrawal all together.
Hon Frederic Ngenzebuhoro said the will of majority of Kenyans needed to be respected.
Others in support of the motion were Hon Saoli Ole Nkanae, Hon AbuBakr Ogle, Hon Peter Mathuki and Hon Sarah Bonaya.
Last Year (April 2012), EALA passed a motion urging the ICC to refer the Kenyan cases related to the post 2007-2008 election violence to the East African Court of Justice for hearing and final determination. With that, EALA has resolved that the Council of Ministers further submits the resolutions to the 10th Extra-Ordinary Summit of the EAC Heads of State sitting on 28th April, 2012 to amend Article 27 of the EAC Treaty. Amendment of the Article shall provide jurisdiction to the EACJ giving it retrospective effect, the Assembly stated.
The Deputy President, H.E. William Samoei Ruto is currently at the Hague together with journalist Joshua arap Sang as the trial continues.
Meanwhile, the Assembly has today urged the EAC Council of Ministers to expedite the establishment and ratification of a regional mechanism for the effective implementation of decisions made in peace and security. In the regard, EALA moved a Resolution to condole with the Government and people of the Republic of Kenya following the tragic loss of lives at the recent Westgate mall attack.
The motion moved by Hon Jeremie Ngendakumana notes that agents of terror had the agenda of perpetrating grievous mayhem in the Partner States including killings, maiming and traumatizing harmless and innocent people. It notes that peace, security and strong political relations are critical factors in creating a conducive environment for regional co-operation and integration.
The motion thus condemned in the strongest terms possible the Westgate attack where more than 60 shoppers, staff and soldiers were killed. The attack, allegedly occasioned by al-Shabab saw over 200 persons injured and properties worth millions of dollars damaged.
The Resolution paid special tribute to the gallant soldiers, the General Security Unit (GSU), and the police for putting their lives on the hook so that victims of the siege could live. It named the medical and rescue teams for working tirelessly to save lives.
Hon Mike Sebalu said it was important for EALA to associate with any Partner State at a time of need and called for concerted efforts to ensure peace prevailed. “The response of Kenyans to the attack was unifying with citizens putting Kenya first. Leaders regardless of political affiliation joined the Head of State and this was commendable”, the legislator stated.
Hon Emerence Bucumi noted that the region has continuously suffered from terrorism. “We must rise together and jointly confront the ugly acts of terrorism”, Hon Bucumi noted.
Hon Dr. James Ndahiro remarked that Partner States had agreed under Article 5 of the Treaty to jointly purge terrorism and called for development of a sustainable mechanism to stem the terrorist groups in the region and internationally.
Also rising in support was Hon Abdul Karim Harelimana who called for immediate preventive measures including the Peace and Security Protocol, Hon Shy-Rose Bhanji, Hon Taslima Twaha, Hon Hafsa Mossi and Hon Maryam Ussi Yahya. Others were Hon Benard Mulengani and Hon Pierre C. Rwigema. The Chair of the Council of EAC Ministers, Hon Shem Bageine affirmed that the Peace and Security Protocol was already signed and is currently undergoing ratification. “I wish to confirm that there is collaboration between the Partner States now in various areas in peace and security matters”, the Minister added.
Earlier on, the Assembly debated on the Report of the Committee on Accounts on the Audited Accounts of the EAC for the year ended June 2012. The Report was presented by the Chairperson of the Accounts Committee, Hon Straton Ndikuryayo.
Debate on the Report was suspended by the Speaker, Rt. Hon Margaret Nantongo Zziwa to allow Members to study it further. The Report shall now be deliberated when Parliament resumes on Tuesday next week.
Tomorrow, EALA Members shall meet with the officials of the International Conference of the Great Lakes Region (ICGLR) to take stock of matters related to conflict in the region.
DOWNLOAD - MOTION: ICC to Defer Criminal Cases Against the President & Deputy President of Kenya
DOWNLOAD - MOTION: EALA to Condole with Republic of Kenya of Westgate Mall Attack
ENDS
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Bobi Odiko,
Senior Public Relations Officer,
East African Legislative Assembly,
Cell: +255-787-870945, +254-733-718036:
Email: BOdiko@eachq.org
