MP in fresh bid for local tribunal

Kenyan MPs will once again be asked to approve an attempt to set up a special court to try suspected perpetrators of the violence that followed the 2007 General Election.

This follows Friday’s submission of a fresh Bill to do so by Imenti Central MP Gitobu Imanyara, which will now be forwarded to the relevant parliamentary committee for approval.

Mr Imanyara said the Bill was not substantially different from the one he withdrew last year in the wake of frustration of debate on it by MPs whenever it was put on the Order Paper.

“The Bill is substantially similar to the one I had submitted to Parliament except that in the changed constitutional environment I have removed the involvement of external actors,” said Mr Imanyara.

The Bill proposes the establishment of a Special Tribunal Division in the High Court, which is essentially the court.

It contains the suggestion that cases in any other court, including that at The Hague, could be taken over by the tribunal upon its establishment.

“Without prejudice to the jurisdiction of the International Criminal Court, the Trial Chamber (of the Special Tribunal) shall exercise jurisdiction over persons bearing responsibility for crimes falling within the jurisdiction of the Special Tribunal Division,” it reads.

It will have the power to order and direct investigation, prosecution and thereafter determination of cases against persons responsible for genocide, gross violation of human rights, crimes against humanity and other crimes.

“For the avoidance of doubt, previous or ongoing proceedings in any court shall not be a bar to the jurisdiction of the Special Tribunal Division,” it reads.

Under the new Constitution, the special court can be created in the High Court and it would not be necessary to amend the law to allow for the court’s existence. If approved, the court shall exist for three years and Parliament can extend its term.