CORD differs with President Kenyatta over ICC stand

CORD differs with President Kenyatta over ICC stand

Coalition for Reforms and Democracy (CORD) legislators have expressed their disapproval with President Uhuru Kenyatta’s pronouncement during Nakuru thanksgiving rally that Kenya was done with the International Criminal Court (ICC).

The president, in his speech in Nakuru on Saturday, stated that he would not allow any other Kenyan to face charges at the International court saying the pain he went through was the last that any Kenyan should have to bear.

In a rejoinder, Siaya Senator James Orengo stated that the president’s utterances were way off the mark, noting that his message should only reflect the will of the Jubilee Government and not Kenyans.

Orengo said that the government should not stand in the way of ICC in their attempts to initiate charges against three Kenyans – Walter Barasa, Paul Gacheru and Phillip Bett – over witness interference calling on the government to adhere to its commitment to cooperate with ICC.

“The consequences of pulling out might be dire and Kenya’s image may be taunted if we withdrew from ICC,” said Orengo.

“We need to think about the future and how the country will be like if we got a president with utter disregard for the Constitution, no respect for human rights and does not adhere to the tenets of governance.”

Similar sentiments were raised by Dagoretti North MP Simba Arati who warned Kenya against severing links with the ICC.

“What if a rogue leader takes power, where will we run to since we will not be bound by the Rome Statute?” He posed.

Arati accused President Kenyatta of double speak saying he was among the Kenyans who opposed trial of the post-election related cases at the ICC.

According to Mombasa Senator Hassan Omar: “We should not show that we have something against ICC.”

“The same court we said is not free and fair dismissed cases against Uhuru and Ruto and therefore we cannot appear to apply double standards.”

If the country is serious about withdrawing from ICC, the process must be initiated in Parliament where it must be approved.

According to Article 127 of the Rome Statute, a state party may, by written notification addressed to the Secretary General of the United Nations, withdraw from this Statute.

“The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.”

The plan to withdraw from ICC however raises questions on the possibility of a halt in ICC’s desire to have the three Kenyans face trial for witness tampering.

The Rome Statute states that a State’s withdrawal from ICC “shall not affect any cooperation with the Court in connection to criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effect.”

 

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