We will fight to remain in ICC, Wetangula tells Jubilee

We will fight to remain in ICC, Wetangula tells Jubilee

Bungoma Senator Moses Wetangula has opposed the government’s plan to withdraw Kenya from the International Criminal Court (ICC).

Speaking in Kajiado on Sunday, Wetangula said that withdrawal from ICC is detrimental to the country’s democracy, calling on the government to desist from any plans to terminate links with the international court.

“Kenya must remain under the Rome Statute because it is a deterrent for any future misconduct by politicians,” he said.

The CORD co-principal was speaking in response to President Uhuru Kenyatta’s speech at Afraha Stadium in Nakuru where he said that no Kenyans would face cases at the ICC again.

“For those who are still looking for us, they should note that we have closed that chapter and we will not go back there again,” said President Kenyatta.

“We will not allow another Kenyan to undergo the pain we went through, having to face charges in a foreign court.”

Wetangula’s statement coincides with those of other CORD legislators including Siaya Senator James Orengo and Mombasa Senator Hassan Omar who opposed the planned move to withdraw from ICC.

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.”

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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ICC Moses Wetangula Bonny Khalwale

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