Jubilee legislators from the North Rift, led by Elgeyo Marakwet Senator Kipchumba Murkomen, have revived the calls to have Kenya pull out from the Rome Statute (and hence the ICC) and have urged the opposition to join them in this quest.

RAILA ODINGA TO SUPPORT JUBILEE?

The leaders have announced that they will pass a motion in parliament seeking Kenya’s withdrawal from the Rome Statute and Murkomen has persuaded the opposition leader Raila Odinga to support Jubilee in this mission, arguing that Deputy President William Ruto, who still faces charges at the ICC, was with ODM in the 2007 elections.

“Hii kesi ni kesi ya chama yako, chama yenye imebaki yenye bado inakuwa mentioned kwa Hague (this is a case concerning your party, which is the only party now being mentioned in the ICC)”, said Murkomen.

Deputy President William Ruto is the only political leader now facing criminal charges at the ICC after president Uhuru’s case was dropped last year due to lack of sufficient evidence. The trial against Journalist Joshua Sang case is still ongoing.

AFRICAN UNION – ICC “CREATED BY THE WEST”

In 2013, there was an uproar from the African union (AU) threatening that African countries would withdraw from the Rome Statute. During the United Nations General Assembly, Ethiopia’s Prime Minister Hailemariam Desalegn, who is the AU chairman, put up a spirited fight against the court. The AU was infuriated that an acting president and his deputy were on trial in The Hague and termed it as an institution created by Western ex-colonial powers in order to continue their hold on the African continent.

In the same year, the National Assembly passed a motion to withdraw Kenya from the Rome statue but a bill to effect the withdrawal was never introduced.

CONSTITUTIONAL AMENDMENT TO GIVE DEPUTY PRESIDENT IMMUNITY

Igembe South MP, Mithika Linturi, has also proposed a constitutional amendment in order to guarantee the President and Deputy President immunity from both local and International prosecutions.

Linturi wants the immunity of the head of state extended to the Deputy President as well since Article 143 of the Constitution only accords the privilege to the President.

Linturi’s proposal further seeks to extend the immunity law to all international treaties most of which do not cover heads of state after they leave office.