MPs likely to get second stab at ICC motion

The push by a section of MPs to pass the motion to have Kenya pull out of the Rome Statute momentarily stalled House proceedings as lawmakers confused deputy Speaker Farah Maalim.

Mr Maalim, who had earlier ruled that the motion was unconstitutional, went ahead at the urging of the Leader of Government Business Kalonzo Musyoka to allow an amendment on it.

The breach in procedure escaped the Deputy Speaker’s eye and it took the intervention of nominated MP Millie Odhiambo (ODM) for him to revisit his ruling and stick to it.

“As a lawyer, I feel it’s not right to be talking about this matter. What we have before us is inadmissible, how then, can we amend what’s inadmissible?” posed Ms Odhiambo.

Mr John Mututho (Naivasha, Kanu) had amended the motion deleting all the “unconstitutional” elements and instead urged that the “government takes appropriate action to withdraw from the Rome Statute”.

The MP had argued that Kenya’s courts were competent to handle the prosecution of the six post election violence suspects at The Hague–Cabinet ministers Uhuru Kenyatta and Henry Kosgey, MP William Ruto, Head of Civil Service Francis Muthaura, ex-police boss Hussein Ali, and radio journalist Joshua Sang.

MPs questioned how the motion, sponsored by Isaac Ruto (Chepalungu, ODM), found its way in the House on a day that under House rules, is strictly reserved for government business.

Dr Boni Khalwale (Ikolomani, New Ford Kenya) said Mr Mututho’s attempt to amend the motion on the floor of the House was “unprocedural”.

First, Dr Khalwale said, the motion had to be debated on a Wednesday morning –the day set aside for debating private motions.

“This is the first time that an amendment to a motion is being done through a Point of Order,” said Dr Khalwale.

The MP, who sits in the House Business Committee, said the all-powerful committee which sets the House agenda had not met to decide what takes priority and what does not.

“The Leader of Government Business communicates to the House the position of the House Business Committee, and we never met to deliberate on this matter,” Dr Khalwale told Mr Maalim.

Ms Martha Karua (Gichugu, PNU), who also sits in the House Business Committee, agreed with Dr Khalwale saying that since the Deputy Speaker’s ruling early that afternoon, the committee had not met.

But Mr Maalim said he had no reason to doubt the Vice President, who as the Leader of Government Business and the chair of the House Business Committee, communicates to the House the committee’s decisions.

He added that the acting joint chief whip Johnstone Muthama (Kang’undo, ODM-K) had gone to his office and asked him to use his discretion to have MPs discuss Mr Ruto’s motion before anything else.

“The chair has a duty to understand the mood of the House and protect this country,” said Mr Maalim, adding that he knew the anxiety among the political class and in government circles, concerning the impending arrest of the Hague Six for crimes against humanity.

With that, Lands minister James Orengo shot up and reminded the House that bending rules was at the root of the past injustices committed in the country.

This is the second time that the motion has failed in Parliament.

“There’s a danger when Parliament begins doing things in a rush…this is how JM (Josiah Mwangi) Kariuki was killed,” said Mr Orengo.

“Honourable Mututho should not be allowed to cannibalise the rules of the House on this issue. Don’t be lenient on him if he doesn’t know the rules of the House.”

Mr Orengo, a key negotiator of the coalition government pact, also told the Deputy Speaker not to trust any statement from any of the ministers as “gospel truth”.

The debate and amendment of the motion will now come Wednesday morning.