Kenyan Parliament Dismisses lawmaker's Motion to End Cooperation With ICC

Kenya’s Parliament dismissed a motion to end the East African nation’s obligation to cooperate with the International Criminal Court, which is pursuing cases against six Kenyans for their alleged roles in post-election violence in 2008.

Deputy Parliamentary Speaker Farah Maalim said lawmaker Isaac Ruto didn’t follow proper procedure because he presented the motion for debate rather than a bill. Ruto urged parliament to repeal Kenya’s commitment as a signatory to the Rome Statutes that created the court. The proceedings were broadcast by Kenya Broadcasting Corp., the state-run television station.

The Hague-based court’s Chief Prosecutor Luis Moreno-Ocampo yesterday requested that charges of crimes against humanity be filed against Deputy Prime Minister and Finance Minister Uhuru Kenyatta, and lawmaker William Ruto. Industrialization Minister Henry Kosgey, Cabinet Secretary Francis Muthaura, former police chief Mohammed Hussein Ali and Joshua Arap Sang, a radio presenter, were also identified as suspects.

“A state shall not be discharged, by reason of its withdrawal, from the obligations arising from this statute while it was a party to the statute, including any financial obligation which may have accrued,” Prime Minister Raila Odinga told lawmakers. Ending cooperation also wouldn’t affect current cases, he said.

Election Violence

The charges stem from fighting that broke out after then- opposition leader Odinga disputed the results of a December 2007 presidential election that gave victory to incumbent President Mwai Kibaki.

Two months of fighting subsided after Kibaki signed a power sharing accord with Odinga, who was installed as prime minister, and the leaders agreed to change the police and courts, stem corruption, and punish instigators of the clashes.

Kenyan lawmakers blocked two proposed laws to create a local tribunal to try post-election violence suspects, prompting Moreno-Ocampo to begin his own investigation in March.

The court will now examine the evidence presented and decide whether to accept Moreno-Ocampo’s request to summon the six suspects to appear voluntarily or file arrest warrants.

To contact the reporters on this story: Sarah McGregor in Nairobi at smcgregor5@bloomberg.net; Eric Ombok in Nairobi at eombok@bloomberg.net.

To contact the editor responsible for this story: Antony Sguazzin at asguazzin@bloomberg.net.