Imanyara and Raila in dramatic fallout over Bill

The political flirtation between Prime Minister Raila Odinga and Imenti Central MP Gitobu Imanya appears to have hit the rocks after a Bill moved by the latter nearly collapsed in dramatic circumstances in Parliament on Wednesday.

Kisumu Town West MP Olago Aluoch, who was expected to second the Bill, which proposes to set up a local tribunal to try suspected masterminds of the post-election violence, walked out of the chambers shortly after Mr Imanyara had finished moving it. The Bill would then technically have been thrown out of Parliament because of the mover’s failure to get a seconder. Garsen MP Danson Mungatana rescued the situation when he stood up and seconded the motion following Mr Aluoch’s exit.

The drama in Parliament appears to have precipitated a bitter falling out between Mr Imanyara and Prime Minister Raila Odinga, who had earlier indicated he would back the law. Mr Aluoch is a close ally of the PM. “I will never do business with the Prime Minister again because he showed himself as someone you cannot trust, the whole scheme was engineered to embarrass me,” said Mr Imanyara.

The Prime Minister’s office denied this charge. Mr Dennis Onyango, the PM’s press aide, said Mr Odinga had asked ODM MPs to vote with their conscience on the Bill. “The PM did not ask Mr Aluoch to act in any way and whatever he did is for him to explain,” he said.

Mr Onyango said the Prime Minister had always supported a local process but said he would not stand in the way of trials at The Hague, a route which appears to enjoy overwhelming public support according to opinion polls.

“The PM was the first to back a local process when others thought that The Hague was the best option. After developments that have taken place since the debate began, it is clear opinion is divided on a local process but near-unanimous on The Hague. That is why the PM does not oppose The Hague option. Either way, he supports any process that results in speedy justice,” he said.

Mr Onyango said the there was a feeling within ODM that some players within government had hatched a plot to take over the Bill and water it down to establish a local tribunal which can be manipulated. “Mr Imanyara may not have been aware of this,” he said. The Imenti Central MP disputed this characterisation and accused Mr Odinga and President Kibaki of lacking the will to pursue justice.

Greatest responsibility

“The two people who bear the greatest responsibility for the violence are the two principals. That is why they should support the process to show that they care for the victims who were killed and raped. Even if they are not necessarily to be jailed, supporting a credible tribunal would show they care. Their failure to do this is betrayal of the worst order,” he said.

The Constitution of Kenya (amendment) Bill 2009 seeks to establish a local tribunal which would try people suspected to have committed atrocities or financed militias following the standoff after the controversial presidential election in December 2007.

The proposed law, which has been dubbed the Imanyara Bill, also has a provision for those with the greatest responsibility for the violence to be tried at the International Criminal Court (ICC) at The Hague. The Bill has divided the political class, with many MPs in a newly formed pro-reform caucus supporting it and other legislators perceived as allied to Cabinet heavyweights who have been mentioned as suspects over the violence opposing it.

Mr Mungatana declined to discuss the controversial circumstances under which he came to second the Imanyara Bill but said the establishment of a local tribunal was necessary. “Bringing the suspects to book is an essential step Kenya has to take because it will serve as a deterrent to other leaders who want to use violence as a tool for achieving power in future,” he said.

The Sunday Nation could not reach Mr Aluoch on Saturday after accusations that he walked out on Mr Imanyara emerged. But in an interview earlier in the week, the MP said he prefers trials at the ICC. “The circus that is the attempt to set up the local tribunal is coming to an end and the only way out will be for the International Criminal Court to take over the cases,” said Mr Aluoch.

Nakuru Town MP Lee Kinyanjui said the Bill was good in principle but urged Mr Imanyara to engage in wider consultations. “It is well-intentioned but some sections of it are unacceptable like stripping the President of immunity. That exposes the whole country to danger not just an individual,” he said.

Similar draft

Keiyo North MP Lucas Chepkitony said the Bill would not pass. He said Parliament rejected a similar draft brought to the House by former Justice minister Martha Karua and asked why Mr Imanyara was re-introducing it. “(ICC prosecutor) Luis Moreno-Ocampo has been here and we are not afraid of him. This is a matter we concluded and I don’t see why it is coming through the back door,” Mr Chepkitony told the Sunday Nation.

He said ICC should be left to do its work without interference so that the truth about the post-elections violence can be known. Debate on the Bill ended prematurely on Wednesday after MPs stayed away from the House, occasioning a quorum hitch. Only 18 MPs were present during the debate, confirming suspicions of opposition to the local tribunal is still strong in Parliament. The House cannot transact any business once the Chair has been informed there are less than 30 MPs in attendance.

Imanyara moved the private member’s Bill in the afternoon, saying it was the surest way to ensure justice is done. In February, Parliament resoundingly rejected a Government-sponsored Bill with a similar goal. The Cabinet rejected Justice Minister Mutula Kilonzo’s plan to table a second set of Bills in July.