Parliament's change of tune on local tribunal
Mid last month, Lands minister James Orengo reminded his colleagues of double speak, often observed in Parliament, depending on who is on the firing line.
Said the minister: “At the beginning, there were people opposed to the establishment of a local tribunal. They said ‘Don’t be vague, go to The Hague’ as they thought process would take 20 years. Two years down the line –today – the same people now want a local tribunal.”
Mr Orengo was speaking during the opening of a two-week media training workshop on the ICC, Local Tribunal and Reconciliation Mechanisms.
Prime Minister Raila Odinga on Thursday criticised MPs who were pushing for Kenya’s withdrawal from the Rome Statute, saying they were the very ones who frustrated the government’s efforts to set up a local tribunal.
“Mr Ruto (Isaac) said that we should not be vague, we want The Hague, it is Ruto who took us to The Hague,” Mr Odinga charged.
Mr Ruto (Chepalungu), together with 93 other MPs, last year voted against a proposed constitutional amendment by the government to establish a local tribunal.
Mr Ruto, has now brought to Parliament a Motion seeking to force the government opt out of the Rome Statute.
Kikuyu MP, Lewis Nguyai said in February 4 last year, that going to The Hague is the only way to end the culture of impunity and realise justice. In his argument the MP said a local tribunal did not have the capacity to handle post-election violence cases.
On December 13, this year, Mr Nguyai, while in the company of his colleagues; Mr Jeremiah Kioni, Mr Nderitu Mureithi and Mr David Koech said they want a local tribunal established to try post-election violence suspects.
Although suspended Higher Education minister William Ruto voted with the Cabinet for the establishment of a local tribunal, he publicly opposed it.
At some point, he turned full circle and wanted post-election violence cases handled by Truth Justice and Reconciliation Commission. He is now pushing for the establishment of a local tribunal.
Mosop MP David Koech, who also opposed the special tribunal last year, is now for its establishment. He said on Monday that Kenya is an independent country and can disengage from the ICC process.
His Emgwen counterpart Elijah Lagat, who equally was opposed to the formation of a local tribunal, now claims the two principals have previously demonstrated their preference for the local court.
“If the PM says he was wronged, why didn’t he go to court? And if President Kibaki believed that he won the election and Raila incited his followers to cause chaos, then why didn’t he go to The Hague? They should not subject others to systems they themselves have no faith in?” he posed.
Kuresoi MP Zakayo Cheruiyot said Mr Kibaki and Mr Odinga should show leadership by preaching reconciliation.
Nominated MP Racheal Shebesh, on February 4 last year, voted in favour of the establishment of the local tribunal.
But on Thursday, December 16, this year, it was clear Ms Shebesh wants The Hague process to proceed.
Central Imenti MP Gitobu Imanyara who, too, rejected the government’s bid to establish a local tribunal but was to later lead his colleagues in championing the formation of a local tribunal.
When introducing his Bill in Parliament on November 11, last year, Mr Imanyara said: “The government Bill could not win the confidence of victims because of lack of credible, independent investigations. It did not guarantee standards of trials set out in the Rome Statute,” said the MP.
Garsen MP Danson Mungatana, seconded Mr Imanyara’s Bill.
