WHAT IS THE NEXT COURSE O ACTION AFTER PARLIAMENT PASSED A MOTION TO WITHDRAW KENYA OUT OF THE ROME STATUTE? By Mungai.

 

 

Now the million dollar question is, what is the next course of action on Kenyan status concerning the Rome statute after parliament passed a motion to compel the government to compel the Government to withdraw KENYA out of the signatory?

Following the unveiling of the famous Ocampo list, popularly known as the “Hague bound six,” a lot was expected to transpire out of that move especially in the politics circles. And, because the list touched on the nerves of the political class as expected underhand moves meant to shield the suspect happened to be on the cards. All directed at frustrating the I.C.C wrath.

One such move happened to be the recent motion which was sponsored by Chepalungu’s Member of Parliament, Isaac Ruto, which compels the government to withdraw its signatory from the Rome statute. The passage of that motion compels the government to write to the United Nations informing it of the withdrawal.

This move came hot on the heels after the I.C.C gave its intention to indict 6 Kenyans over their responsibilities in the post election violence’s which rocked the country.

To the proponents arguments who supported the motion they argued that Kenya is a sovereign country which does not require the I.C.C. They said that the whole I.C.C. process has been politicized with a targeted of eliminating some leaders from the political equation. The I.C.C was criticized for using vindictive reports to form the basis of it’s case of which no thorough investigations were done as the remains the subject of contenticity.

But, that move by the parliamentarians has raised mixed reactions in the public opinion courts. Some are of the view that Kenya should not have withdrawn from the Rome statute as we do not have a credible judicial system. Those who are championing for the total withdrawal are arguing that the whole process has been sucked up to other mere sideshows.

According to political observers the push by parliament to pull the country out of the Rome statute could cause severe economic, political and financial conseqeuences. While stating that Kenya has a sovereign right to pull out of the Rome statute, the Government would lose the good relations it currently enjoys with it’s development partners.

Withdrawing from ICC is our sovereign right, but, such a step would seriously undermine our long and beneficial engagement with the international community and the United Nations.

In the public opinion courts the plan to withdraw from the Rome statute are driven by leaders who never see beyond their current term. The passing of that motion confirms the impunity with which our leaders have ruled us. Even with the new constitution being clear, the members of parliament seem not to care about the law. The president should ignore the bill as it is against the law and in bad taste.

When the I.C.C was given a go ahead to take our case and carry out investigations into 2007/2008 chaos mayhem, the world applauded. The huge I.C.C support was inspired by the fact that the public had lost faith and confidence in the local judicial institution which had failed to disentangle from political patronages.


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