Bill to stop withdrawal from ICC ready

By ALEX NDEGWA
A Bill seeking to stop Kenya from pulling out of the International Criminal Court is ready, as focus shifts today to an African Union meeting at which The Hague-based court could receive more bashing.
President Kibaki On Thursday flew to Malabo in Equatorial Guinea for the 17th Ordinary Session of the AU Assembly today and tomorrow with indications member states could review their engagement with the ICC.
In a move that could infuriate MPs hostile to the ICC, the draft Ratification of Treaties Bill proposes a two-thirds majority in the National Assembly must approve the withdrawal from a treaty ratified by the country.
Last year, MPs voted during an acrimonious sitting to pull out of the Rome Statute, which establishes the ICC, to condemn crimes against humanity proceedings against six Kenyans at The Hague-based court.
On Thursday, Justice Minister Mutula Kilonzo, whose ministry drafted the Bill, said the draft law streamlines the process of ratification of treaties, but was cautious the two-thirds clause would survive in the House.
"We don’t want to have partisan political groups ganging up in Parliament against a treaty that resonates well with the public like happened last year.
But I don’t know whether Parliament will accept the two-thirds rule," Mutula told The Standard.
He defended the Bill, currently under review by stakeholders, saying it would ensure international treaties once ratified attain the supremacy of the law.
If the Bill becomes law, it will apply to all treaties ratified prior to the enactment of the Act.
"The Government shall not withdraw from a treaty covered without the prior approval of two thirds majority of members of the National Assembly," states the Bill.
It adds that denunciation to be a party to a treaty in the manner envisaged under the section shall only take effect upon approval by two-thirds majority of members of the National Assembly.
Mutula explained denunciation of a treaty should require two-thirds vote like that imposed on Parliament to reject the President’s memorandum on a Bill before assent.
The proposed law also outlines steps for the process of ratification of treaties.