Regional MPs want Kenya cases withdrawn from ICC

East African Legislative Assembly has passed a resolution demanding the withdrawal of Kenyan cases from International Criminal Court, in The Hague.The resolution, moved by MP Christophe Bazivamo and seconded by Mike Sebalu, says the ICC needs to defer the cases against the Kenyan leaders for the period that they shall be in office.The EALA session in Bujumbura, Burundi implored the Summit of the EAC Heads of State to establish a Court with criminal jurisdiction where the cases of President Uhuru Kenyatta and Vice President William Ruto should be referred to andwill cater for similar cases in the future.The resolution avows that whereas the two leaders have pending cases, they have a constitutional mandate to execute by virtue of their respective offices.“Their very absence while attending trial is thus not compatible with the principle of service to the people of Kenya,” the resolution reads in part.It states that the Constitution of Kenya makes the provision for the protection of the President or any person performing the said functions from criminal proceedings during their tenure in office.The move is in support of the position adopted by the African Union at its extra-ordinary Summit in Addis Ababa on October 12, 2013. The Kenyan leaders are accused of crimes against humanity allegedly committed in the aftermath of the disputed 2007 general elections. The violence killed about 1,300 people. At the time, Uhuru and Ruto were in opposing camps. The East African Court of Justice (EACJ) has no mandate to handle the cases.The court which opened in 2001, has the jurisdiction over matters of the interpretation and application of the EAC Treaty, disputes between employees and the bloc and arbitration in commercial disagreements.But there are plans to empower the court to handle criminal matters.“I do not support impunity but the ICC has not been fair to Africans. We are not second-class citizens,” Patricia Hajabakiga said.African leaders say the court is a Western tool that targets only Africans.MP Joseph Kiangoi noted that the mandate of the Presidency was handed over by the citizens of the country. “It is unacceptable that a Head of State should be facing trial in a foreign land” he noted.

National

Regional MPs want Kenya cases withdrawn from ICC