Acid test for MPs as tribunal Bill returns

Parliament’s commitment to realise justice for victims of post-election violence will be tested on Wednesday if the Special Tribunal for Kenya Bill comes up for the vote.

The Bill drafted By MP Gitobu Imanyara has been pending before Parliament for a year awaiting the final vote after it was frustrated by MPs through lack of quorum in the House.

In a strange turn of events, a number of MPs rejected the Bill Mr Imanyara introduced to the House last November 11, are now agitating for formation of a local tribunal to investigate, prosecute suspects of the violence.

On Tuesday, Mr Imanyara said he had requested that the debate on the Bill be concluded this afternoon and put to the vote.

But in a quick rejoinder Justice Minister Mutula Kilonzo dismissed Imanyara’s Bill, saying he would oppose it on the basis it does not meet the requirements of international practice, the new Constitution, and the Rome Statute.

He said at Parliament on Tuesday: “I have taken that position because supporting the idea of a local judicial mechanism and doing anything for the sake of it is not my type. We want as a country to accept that if Mr (Luis Moreno) Ocampo files his application tomorrow (Wednesday) and he wins and he is allowed to prosecute, the idea of victims will not evaporate. We will still have Internally Displaced Persons.”

The renewed drive by MPs was behind scenes seen as suspect and their genuineness is likely to be seen today depending on the position they take when the Bill, which requires a two thirds majority is put to the vote.

Mr Imanyara, ODM MPs Rachael Shebesh (Nominated) and John Mbadi (Gwasi) in separate news conferences, asked their colleagues to turn up in the House and vote to pass the Bill.

The Special Tribunal Bill also proposes investigation of prior and subsequent events, circumstances and factors relating to the offences arising from and connected to the violence.

At a news conference on Tuesday, Mr Imanyara said the change of mood in the House was a sign of commitment to the proposed law.

“We shall be able to see whether those who have changed positions and are now calling for a local tribunal are genuine or whether theirs is a genuine attempt or they are just seeking to derail the ICC,’’ said the Imenti Central MP.

Attempts to conclusively debate and vote for the Bill which was seconded by Garsen’s Danson Mungatana last year, hit a snag when it was adjourned three times because of a lack of quorum.