KENYA: The Senate has on Tuesday been recalled for a special session to discuss the trial of PresidentUhuru Kenyatta and his Deputy William Ruto.
Senate is scheduled to debate a Motion to be moved by Majority Leader Kithure Kindiki seeking approval of five resolutions, which also include a petition in a new bid to refer the cases back to the country.
Sources indicate that the House will be sending a petition to the International Criminal Court ( ICC) president to stagger the trial of the two leaders to ensure they are not at The Hague at the same time.
Just as was the case at the National Assembly, the Senate is scheduled to debate a Motion to be moved by Majority Leader Kithure Kindiki seeking approval of five resolutions, which also include a petition in a new bid to refer the cases back to the country.
Unlike the Motion passed at the National Assembly, which had only two resolutions – the withdrawal of Kenya from the ICC and amendments to the International Crimes Act – the Senate’s Motion is more detailed in its resolutions.
Kindiki on Monday revealed that apart from withdrawing the country from being a signatory of theRome Statute that creates the court, it will also be urging the government, particularly the Attorney General and the Foreign Affairs Ministry, to give the cases facing Uhuru and Ruto urgent attention and act “in the best interest of the nation”.
National importance
“This has been considered given that the Executive has not been very active on issues of these trials despite them being matters of national importance,” said Kindiki in an interview with The Standard yesterday.
Importantly, the Senate’s Motion wants to petition theICC to ensure that the calendar of trials is revised to ensure that the President and his Deputy are not required to attend their hearings at The Hague at the same time.
On Sunday, Uhuru cautioned the court that their continued cooperation with it would be hinged on the review of the trial calendars, saying there was no way he and Ruto would be out of the country simultaneously. Uhuru urged the international court not to complicate their duties as elected President and Deputy, saying they had a mandate to govern Kenyans.
The Senate’s Motion also seeks to urge the government to continue cooperating with the ICC with regard to the ongoing trials, faulting any current amendment of the International Crimes Act.
“If we are to amend that law now, that would mean we stop our cooperation with the court; yet we want to have good working relations with the court until the ongoing trials are concluded,” said Kindiki. The Majority Leader said once the Motion is approved, they would convert the same to a petition, which will be filed at the ICC Presidency.
Delayed action
“In the event that we realise that the AG is slow in acting, as the Senate we will petition the ICCourselves. If the court can listen to a Kenyan individual, we are certain that it will listen to the institution of Parliament,” he said.
Before congregating for the afternoon special session, Jubilee senators are expected to hold a parliamentary group at Laico Hotel to discuss the Motion.
“We have lobbied and I believe that as senators we will be principled on how we handle this matter. We do not mind people disagreeing with us but we want to do things in a matter that will not polarise the country,” he said.
Meanwhile, Jubilee stopped four senators who were to accompany Ruto to the Hague from travelling until Tuesday’s business is concluded.
By MOSES NJAGIH, The Standard
