Bill to withdraw Kenya from Rome Statute cooking at AG’s


Nairobi, Kenya: The process of pulling Kenya out of the Rome Statute that establishes the International Criminal Court is expected to kick off next week in Parliament.

Attorney General Githu Muigai

The Bill seeking to repeal the International Crimes Act (1998) and withdraw Kenya from the ICC is currently being drafted by Attorney General  Githu Muigai’s office, and is likely to be published next week.

The withdrawal efforts coincide with a diplomatic charm offensive spearheaded by Foreign Affairs Cabinet Secretary Amina Mohamed to lobby the United Nations Security Council’s veto-wielding members to support the deferral of the cases facing President Uhuru and Deputy President William Ruto at the ICC.

Drafting of the Bill is at an advanced stage. Our sources reveal that once the Bill is drafted, it will be given to the Majority Leader and Speaker of the National Assembly for perusal. The draft Bill will thereafter be submitted to the Government Printer for publishing. It will then move to the parliamentary committee for Legal Affairs and Justice where it will be discussed for between 14 to 21 days.

Yesterday, a member of the committee said the government side would push for the reduction of the Bill’s maturity days.

Opposition leaders, led by Deputy Minority Leader Jackoyo Midiwo, have vowed to fight the withdrawal when the Bill is brought to the House.


Majority Leader Aden Duale, who gave reasons for withdrawing from the ICC – including defending Kenyan sovereignty as well as protecting Kenyan citizens – introduced the Motion.

The prosecution of the Kenyan President and his deputy at the ICC prompted an extraordinary Summit of the African Union last weekend on “Africa’s relationship with the International Criminal Court”. The AU Summit on October 12, resolved to request the UN Security Council to defer the cases by November 12.

On Thursday September 5, after four hours of debate, the Kenyan National Assembly voted in favour of withdrawing from the Rome Statute that established the International Criminal Court.

During debate in the House, opposition MPs walked out of the chambers saying they will not be party to the withdrawal plan.

By FRED BIKETI, The Standard

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