Wednesday, December 22, 2010

Ruto ICC motion thrown out


Chepalungu MP Isaac Ruto (left) motion seeking to have Kenya opt out of the Rome Statute was thrown out  December 21, 2010. FILE
Chepalungu MP Isaac Ruto (left) motion seeking to have Kenya opt out of the Rome Statute was thrown out December 21, 2010. FILE 
By NJERI RUGENEPosted Tuesday, December 21 2010 at 14:53

The motion seeking Kenya's withdrawal from the International Criminal Court has been thrown out.
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Deputy Speaker Farah Maalim told Parliament Tuesday that the motion by Cheplaungu MP Isaac Ruto was inadmissible in its current form.
Mr Maalim, while issuing a communication from the Chair, said he could not allow debate on the motion because it was contrary to the law.
"As the constitution enjoins every person to obey and respect the rule of law, a motion calling on the government to disobey, contravene or defy the law is unlawful and unconstitutional,’’ Mr Maalim said.
But he said the MP could as well introduce a bill to repeal the International Crimes Act instead of doing so through a motion.
“..it is the wording thereafter in the motion in purporting to interpret the effect of such repeal and in calling for cessation of links, co-operation and assistance to the International Criminal Court that forthwith render the motion inadmissible,’’ he ruled.
The motion would have been admissible, noted Mr Maalim, had it been amended and limited to calling on Parliament to resolve that “the Government takes immediate action to have the international  Crimes Act repealed".
He argued that contrary to the requirements of the motion, there was no way a repeal of the Act would “immediately’’ release Kenya from its obligations under the Rome Statute. 
“It cannot, under the terms of the Statute, suspend any links cooperation and assistance to the ICC forthwith,’’ ruled the Speaker.
“The proposed motion is therefore contrary to the law also on this score.’’
Mr Maalim made the ruling after MPs among them Justice minister Mutula Kilonzo, Gichugu MP Martha Karua, Garsen’s Danson Mungatana, Gitobu Imanyara (Imenti Central)  and Dr Boni  Khalwale of Ikolomani  questioned its constitutional validity and sought Mr Maalim’s direction.
He shelved it and pledged to give directions Tuesday.
The Nation learnt that members of the House Business Committee that draws the agenda of Parliament were divided down the middle on whether to allow the controversial motion for debate, when it was brought before them for placement last Tuesday.
It is understood  Mr Kilonzo successfully convinced the meeting which was chaired by deputy leader of Government Business  Dr Sally Kosgei that the motion as drafted was unlawful.
However, the following day a special HBC meeting was called and the members present voted to have it debated last Thursday.
When it came to the floor Mr Kilonzo called for careful handling of  the motion.
“In order for this motion to even see the light of the day, we must find a way of excepting the Rome Statute from the article 2(6) of the Constitution.
In seeking the Speaker’s guidance, Mr Mungatana  argued the motion breached provisions of the Constitution and in particular Article 2 that deals with its supremacy.
He described it as a violation of Article 2 (5) that makes the general rules of international law part of  Kenya’s Constitution.
Similar observations were also made by Mr Imanyara, Ms Karua and Mr Kilonzo.

And on Monday, MPs behind Mr Ruto’s motion held consultations over possible amendments to the motion to make it more acceptable.  They drew up the amendments and lobbied colleagues for the better part of the day for support, and it was resolved that Mr Mututho present the amendment to the House.

Said Charles Keter (Belgut, ODM): “Indeed, we were working on amendments to the motion to make it more specific and less ambiguous."

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