Parliament to discuss Kenya-UK relations over Uhuru, Ruto ICC cases

The National Assembly will on Wednesday suspend its business in order to discuss relations with the United Kingdom as leaders accuse the UK and United States of influencing the rejection of an Africa Union motion for sitting heads of state and government to be given immunity.

Defence and Foreign Relations committee chairman Ndung’u Gethenji has claimed the motion for exemption of the President and the Deputy President from trials has been removed from the agenda of the Assembly of State Parties to the International Criminal Court and was substituted with another by Britain seeking for trials by video link.

Mr Gethenji made the allegation as he presented a successful request to Speaker Justin Muturi for the National Assembly to shelve its business for one hour on Wednesday to discuss the matter.

“In light of this strange development,” said Mr Gethenji, “I appeal to the government to convey in the strongest terms possible the disappointment of the Kenyan people who are dismayed that a motion mandated by the African Union which has 34 ICC State Parties has been substituted by the motion on video link that has been fronted by Britain, a lone State Party of the ICC.”

It was not immediately clear on Tuesday evening whether Mr Muturi’s approval means the one-hour session will be in the morning or afternoon on Wednesday. Parliament sits the whole day on Wednesday.

Kenya’s first attempt to have the cases against President Kenyatta and Deputy President William Ruto suspended was at the United States Security Council meeting in New York on Friday.

That was turned down when eight of the 15 members of the Security Council abstained from voting. (READ: Leaders criticise UN council)

The second option, which Kenya is now pursuing, was for the creation of an exemption in the Rome Statute for sitting Heads of State and persons entitled to act in the same capacity. (READ: Groups oppose bid to shield presidents)

This would have created a loophole for the President and the Deputy to stop the trials but according to Mr Gethenji, this won’t happen because of Britain’s substitution of the motion.

AVAILABLE TECHNOLOGY

The deferral motion at the UNSC and the motion of exemption at the Assembly were the brainchild of the Summit of the African Union held in June.

The Assembly of State Parties starts on Wednesday at The Hague and the government of the United Kingdom had sent Deputy National Security Advisor at the Cabinet Office, Oliver Robbins, to Nairobi.

Mr Robbins had told Foreign Affairs Principal Secretary Karanja Kibicho that the UK government recognised the need to free the President and his deputy from attending their trial and instead leave their lawyers to continue with the case at The Hague.

According to a statement after their meeting, British diplomats in New York had been instructed to lobby for the best solution, including the use of available technology such as video links. (READ: UK supports video link trials for Kenya)

Mr Robbins also asked Kenya to look beyond the Security Council vote and not allow the matter “discolour many years of friendship.”

If Mr Gethenji succeeds in having the House discuss the matter, this will be the second time the National Assembly will be engaged on ICC issues.

At a special sitting in August, the National Assembly approved a motion by Majority Leader Aden Duale to commence the process of having Kenya withdraw from the Rome Statute.

Mr Duale has insisted that the Bill to repeal the International Crimes Act is on its way to Parliament but that hasn’t happened yet. The Senate has also passed a similar motion.
The opposition Cord coalition walked out on both motions.