House delays ICC debate

Parliament has altered its timetable to delay debate on a motion to push the government to withdraw from the Rome Statute.

Deputy Speaker Farah Maalim, for unexplained reasons, gave the nod to Mr Ekwee Ethuro (Turkana Central, PNU) initiate debate on a motion to discuss the referendum in Southern Sudan, saying the discussion on the motion for Kenya to opt out of the International Criminal Court (ICC) will come later on.

Jittery and excited MPs engaged in loud conversations as Mr Ethuro spoke, with many of the MPs, just waiting for him to conclude so that they begin talking about the impending summonses that are likely to be issued to senior government officials fingered as suspects by the ICC.

Mr Danson Mungatana (Garsen, Narc Kenya) had set the tempo for the ICC debate when he questioned the Minister of Internal Security, Prof George Saitoti, to tell the country “who authorised the use of Coat of Arms on Mr Muthaura’s personal statement".

“Who paid for the advertisements? Can the minister confirm that indeed this is an abuse of office in utilizing public funds to defend personal names and when he’ll refund the taxpayers’ money? It was not the government that was put on trial,” said Mr Mungatana.

But MPs shouted him down prompting the deputy Speaker Farah Maalim to step in. Prof Saitoti and his assistant, Mr Orwa Ojodeh rose and pushed Mr Mungatana to substantiate his claims that Mr Muthaura used public funds. But Mr Mungatana said the use of the Coat of Arms bore the presumption that public funds were used.

Mr Muthaura’s personal statement had been published in all major newspapers in the country. The Head of Civil Service pleaded innocent to the allegations levelled against him by the ICC. Mr Muthaura, it is alleged, that as the chairman of the National Security Advisory Committee authorised police to use excessive force against ODM supporters and to protect PNU youth.

Prof Saitoti said he’ll give the information to the House in the next sitting.

Mr Maalim told the minister to ensure the information comes this afternoon “because the House has to be seen to be conducting its business transparently.”

The MPs’ debate on Mr Ruto’s motion comes just a day after two Cabinet ministers— Uhuru Kenyatta (Finance) and Henry Kosgey (Industrialisation)— together with a suspended minister William Ruto were named as suspects in the ICC’s inquiry into the post-election violence.  Also named was Mr Muthaura. The rest named are former Police Commissioner Hussein Ali, a journalist Joshua arap Sang.

Mr Ruto’s motion wants Parliament to resolve that “the Government takes immediate action to have the International Crimes Act repealed so that Kenya is immediately released from any obligation to implement the Rome Statute and further that any criminal investigations or prosecutions arising out of the post-election violence 2007/2008 be undertaken under the framework of the new Constitution".

On Wednesday, just moments after ICC prosecutor Moreno Ocampo named the suspects, MPs temporarily halted business as they demanded that Prime Minister Raila Odinga or President Kibaki addresses the House on the naming of the six high-level government officials under investigation by the International Criminal Court.

Vice President Kalonzo Musyoka, who is also the Leader of Government Business in the House had a hard time trying to convince the MPs that the “government was in control”.

Mr Musyoka told MPs  that President Kibaki was “fully in charge”, and that there was still an option to put in place a local mechanism to handle the masterminds and perpetrators of the 2007-2008 post-election violence.

“I want to assure this House, that the government is seized with this matter. The President has issued a statement urging the country to remain calm,” the Vice President added.

He also criticised the ICC prosecutor, Mr Moreno Ocampo, for breaching the laws of natural justice by failing to question the suspects.

“As a lawyer, I feel seriously concerned that the Law of Natural Justice, which requires that no person shall be condemned unheard in not applicable where the International Criminal Court is concerned,” Mr Musyoka said.

“It’s important as legislators, that we don’t condemn unheard, citizens of this country who shall be entitled to full trial. I will be extremely surprised, if any of us says any of those mentioned should step down because the process has not even began.”

He alluded to the motion by Chepalungu MP Isaac Ruto to have Kenya opt out of the ICC saying: “An opportunity for us to reclaim our sovereignty will come very soon. We need to act as a nation. All Kenyans who were affected by violence are crying out for Justice.”

But even with the passionate appeal, MPs Boni Khalwale and Danson Mungatana were angry that perhaps he had taken the matter lightly.

“A statement outside the House cannot be interrogated. This Parliament is not going to be intimidated by high-sounding government words. We want the PM to come and tell us what they’re hiding. We don’t want statements from State House. The country can only be kept calm with details, not with high sounding words from State House,” said Mr Mungatana, the Garsen MP.

Dr Khalwale added: “We are doing this in good faith. When you look at the list, most of them are politicians and most of them are connected to the two principals. When the PM makes the statement, we’d want to know whether their statement is meant to cover the backs of politicians or to unearth the truth.”

Dr Khalwale, also Ikolomani MP, added that the government has to make public the Waki envelope, so that Kenyans know who was omitted in order to understand whether it’s a political process or a strictly legal one.

The MPs were joined by Naivasha’s John Mututho to push for a government address to the House.

“The PM should have been here to tell the whole country how it will be navigated…None other than the chief secretary of government, none other than the minister of finance, have been mentioned,” said Dr Khalwale.

The MPs push arose after, for the second day running, the Prime Minister failed to address the House.

“The country is worried that senior serving government officials are still holding positions when they are suspected and the whole world knows that they are suspected of international crimes,” Mr Mungatana added.

“We want the PM to come and tell us whether he is able to coordinate the functions of the government with ministers and head of civil service who’ve been accused of international crimes.”

Environment minister John Michuki like all the MPs who spoke termed Wednesday “a very sad day”.

“Never before has this nation ever been charged at such a very high level as it has now happened,” said Mr Michuki.

Like the VP, Mr Mututho and Mr Isaac Ruto accused the ICC of “executing a political decision” and sought an assurance about Kenya’s sovereignty.

“In absence of the PM, ask the President or the VP, whether he concurs with the ruling of the ICC and why Kenya can’t withdraw, so that we know we are dealing with an enemy,” said Mr Mututho.

Nominated MP Millie Odhiambo termed yesterday a “weighty day” and asked the VP to address the matter.

Mr Kabogo added: “It’s vital, paramount and essential that the PM comes to this House and inform us.”

Mr Ruto pushed further: “There’s need for a very clear statement from government on whether Kenya is a republic with sovereignty or if it has become a banana republic…This is a very serious issue.”

The MP wondered why Kenya was not seeking help from the African Union to simply bar the ICC from going after the ministers and investigating the Kenyan case. The VP assured the House that the PM will address them as soon as he comes back from Uganda.