ICC re-enters Kenyan politics as elections nears

Burundi and South Africa have already written to the United Nations, expressing their intention to pull out of the Hague-based court.

According to South African Justice Minister, Michael Masutha, the ICC’s obligations are inconsistent with laws giving sitting leaders diplomatic immunity.

The decision followed a dispute last year when South Africa allowed Sudanese President Omar al-Bashir to visit the country for an African Union summit, despite him facing an arrest warrant from the ICC.

Most of the ICC’s investigations and indictments have been of Africans, stirring criticism from many governments on the continent.

Repeal Act

The National Assembly Majority Leader Aden Duale, has indicated that the House Business Committee will meet this week to deliberate on repealing the International Crimes Act.

“Our decision to leave the ICC still remains. The spirit is there and I am one of those who believe we have no business being in the ICC,” he said.

A repeal would force the Cabinet to come up with a resolution, which will then be transformed into the withdrawal instruments.

The time period for a country whose a signatory to the Rome Statute to leave the ICC officially takes a one year.

At his weekly briefing, State House Spokesperson Manoah Esipisu, said the issue was yet to be deliberated within the Cabinet before preparations of all necessary instruments can be done.

“The processes which constitute the withdrawal from a treaty requires an executive deliberation. These processes have not come up. So, it is accurate to say that a decision of the executive is pending,” he said.

Opposition rejection

The opposition has rejected the move by Jubilee officials to pull Kenya out of the Rome Statute.

Over the weekend, ODM Chairman John Mbadi, said that the country should not back out of the international treaty as it assures that electoral offenders are charged before the International Criminal Court.

Homa Bay Women Rep Gladys Wanga warned National Assembly Majority Leader Aden Duale against tabling the motion in parliament and declared that Kenya was in ICC to stay.

Speaking during NTV’s AM Live on Monday morning, Homa Bay Senator Moses Kajwang’ termed Jubilee’s move to pull out as a non-issue especially with the general elections only months away.

“The ICC issue is not a priority now for us. Kenyans have real issues deal with such as high cost of living and failure of Jubilee delivering on its promises,” Kajwang’ said.