Quorum snag delays tribunal Bill

Parliament on Thursday failed to push through a key Bill towards the establishment of the Special Tribunal to try post-election violence suspects.

The verdict of the House on the Constitution of Kenya (Amendment) Bill, 2009 postponed to Tuesday next week after the House failed to raise the two thirds majority that would have enabled debate on the proposed law to be concluded.

Pave way

The Bill is key in that it will pave the way for the House to debate the Special Tribunal of Kenya Bill by entrenching the tribunal in the Constitution to cushion it against any litigations that may be thrown at it.

Vice-President Kalonzo Musyoka and a number of Cabinet ministers watched in disappointment as the bell to summon more members to the chamber failed to raise the 148 MPs required by House rules to conclude debate on the Bill.

At 6.32pm, temporary Speaker Philip Kaloki deferred conclusion of debate on the Bill after it became clear that only 52 MPs were available.

By that ruling, Parliament went into the second week after the deadline (January 30) agreed upon by the Cabinet and the Panel of Eminent African Personalities, as recommended in the Waki report, to pass the statute that establishes the Special Tribunal and entrench it in the Constitution.

According to the report, the Special Tribunal should have started operating 45 days after the date (December 17, 2008) President Kibaki and Prime Minister Raila Odinga signed the agreement to form the tribunal.

After Parliament failed to meet the deadline last Friday, UN sources said that Mr Annan was alarmed and quickly invited Mr Odinga –who was in Davos, Switzerland – for talks on what was delaying the Bills.

Long time

Speaking early in the week, Mr Odinga said: “I hope members will see the need to pass the Bills this week because if we don’t, it means matters will go to The Hague.” Replying to the motion on the Bill, Justice and Constitutional Affairs minister Martha Karua urged President Kibaki and Mr Odinga to rally their MPs next week to ensure the Bills are passed.

Ms Karua denied that the Bill on the Special Tribunal was meant to cushion some people from prosecution and reminded MPs that it would take a long time for The Hague to deliver justice.

Reports by Caroline Wafula, Bernard Namunane and Alphonce Shiundu