EALA has today passed a resolution urging the EAC Council of Ministers to implore the International Criminal Court to transfer the case of the four accused Kenyans facing trial at the Hague to the East African Court of Justice (EACJ).
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 resolution moved by Hon Dan Ogalo and seconded by Hon Gervase Akhaabi, received overwhelming support during debate on the floor of the House. The resolution in part implores that the process of transfer of proceedings from the International Criminal Court to the East African Court of Justice immediately begins on the basis of the fact that the acts complained of, are contraventions of the Treaty.
The mover, Hon Ogalo noted that it was unfortunate that five years after the disputed elections, the case at the ICC was still in its inception stages and echoed the sentiments that justice delayed is justice denied.
During debate, Hon Leonce Ndarubagiye noted that it was important to have the cases brought back home to the local setting and urged Partner States to be wary of the content of future international agreements before pending their signatures.
Hon Christopher Nakuleu said by bringing the ICC case back to the EACJ, the region would test the effectiveness of the local instruments. He noted that justice needed to be dispensed for the accused and the internally displaced persons.
On her part, Hon Dora Byamukama who was a member of the Observation Mission to Kenya during the elections in December 2007 noted that the ICC case was more symbolic failing to reach out to the core and hearts of the Kenyans and urged the EAC to pass legislation on matters of joint interest to the region. Such legislation if passed would enable the EAC take up and treat matters that affect it in future in a sustainable manner. The legislator hailed the Republic of Rwanda noting that it was the only country in the region that had not appended its signature to the Rome Statute.
Hon Mike Sebalu called for home-grown solutions indicating that East African solutions must be found for East African problems. He noted that the African Union would be the next best option to seek assistance where the region failed in its quest to find answers to her problems.
The Council of Ministers through the Assistant Minister for EAC Hon Peter Munya supported the motion, saying the case was best suited to be heard and determined at home or at the EACJ – its nearest home.
‘We must never allow ourselves to return to neo-colonialism”, Hon Munya reiterated stating that any facts on the ground could easily be ascertained by a court within the local jurisdiction.
The aftermath of the 2007 disputed elections saw over 1000 persons killed and another 500,000 Kenyans internally displaced. The International Criminal Court has indicted four prominent Kenyans namely: the Deputy Prime Minister, Hon Uhuru Kenyatta, former head of the Civil Service, Amb Francis Muthaura, former Minister and current Member of Parliament for Eldoret North, Hon William Ruto and radio journalist, Joshua Arap Sang to face charges.
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For More Information, contact: Bobi Odiko, Senior Public Relations Officer; East African Legislative Assembly; Tel: +255-27-2508240 Cell: +255 787 870945, +254-733-718036; Email: bodiko@eachq.org Web: https://www.eala.org Arusha, Tanzania.
