NAIROBI; KENYA: The Senate passed a motion on Tuesday evening ratifying Kenya’s withdrawal from the Rome Statute but maintaining that the country continues cooperating with the International Criminal Court ( ICC) in respect to the cases now before the court.
Despite a strong opposition from members of the CORD coalition, Jubilee marshalled its numbers to pass the motion that also seeks to set another bid to have the on-going cases against President Uhuru Kenyatta, his Deputy William Ruto and Joshua Sang referred back to the country.
Senate followed in the footsteps of the National Assembly and called for the country to immediately commence and conclude the process required to pull out of the Rome Statute.
And as was the case at the National Assembly, the Cord Senators walked out of the chambers just before the vote for the motion was taken after realizing that they did not have the numbers to stop the Jubilee’s agenda.
Efforts by the Cord coalition Senators to stop the debate of the motion on grounds that it was not properly before the House and that the Speaker had not given reasons as to why he considered the matter as urgent or exception was rejected.
Moving the Motion Majority Leader Kithure Kindiki said that it was important for Kenya to withdraw from the Rome statute, which creates the ICC, saying that the court was no longer the institution that it had been created to be.
“What was created as an institution to protect the vulnerable from the vagaries of human rights violations has been turned into a theatre of pursuing those who do not suck-up to neo-colonial agenda,” said Kindiki.
Kindiki, who also moved four other resolutions in his motion, said it was a shame for any leader to oppose the move for Kenya to withdraw from ICC, knowing that many were guilty of the violence that necessitated the Hague trial.
“There is nothing as shameful, humiliating and painful as now watching our brothers being tormented about 7000 kilometres away by a foreign court because we failed as leaders,” he said.
Meru Senator Kir
“The colonisation of Africa was effected through agreements. We must unpack agreements to see if they are fair and just or if they are oppressive,” said Kiraitu.
He added: “What we have here under the Rome Statute is the second attempt to recolonise Africa. When the initial colonisation came, the European did not say they were coming to do it, they said they were coming to civilise Africa and win Africa for God.”
Kiraitu said that Africa must reclaim its dignity and independence by rejecting the “neo-colonialism” being advanced by the West.
Baringo Senator Gideon Moi said the ICC had not given indications of a universal court of justice that it was expected to be.
Minority leader Moses Wetangula opposed the motion saying the Senate must protect the larger interests of the nation and not only moved by the current cases before the ICC court.
“Maji yakimwagika hayazoleki (once the water has poured it cannot be recollected) the cases before court cannot now be reversed,” said Wetangula.
Busia Senator Amos Wako said that even if Kenya pulled out of the ICC, it would not stop the United Nations Security Council from referring any matter for investigation by the ICC in the future.
Kakamega Senator Bonni Khalwale also opposed the Motion saying leaders should not look for quick fixes to the cases facing Uhuru and Ruto.
aitu Murungi termed the Rome Statute as a project of the West, keen on capitalising on it to advance their neo-colonialism agenda.
He said the Senate must stand up against the recolonisation of the Country by withdrawing from the Rome Statute and asking that the cases at the Hague be referred back to Kenya as was unanimously endorsed by the African Union.