Mr Luis Moreno-Ocampo, ICC ProsecutorMost MPs stayed away from the Chamber humming their new clarion call: "Let us not be vague, let's go to The Hague."
Consequently, Parliament postponed the vote on the Constitutional
(Amendment) Bill 2009 to next week, because there was no quorum.
Some of them expressed skepticism on the independence of the local
tribunal while others were reported to be settling political scores. A
constitutional amendment requires two-thirds of the vote, which is
about 148 of 222 MPs.
Sensing the Bill would be shot down, Justice Minister Martha Karua
appealed to President Kibaki and Prime Minister Raila Odinga to come to
the House next Tuesday to marshal their troops.
The Constitution must be amended so that the proposed special court is
not in conflict with the supreme law. However, the vote to conclude
debate on the Bill could not proceed because only 52 MPs were present
at 6.30pm.
Jumping the gun
Again sensing the stiff opposition the Bill had elicited from some
members, including assistant ministers, Karua pleaded with the House to
support the Bill. Assistant Ministers Aden Sugow (Public Service) and
Cecily Mbarire (Tourism) were the latest members of Government to
oppose it.
Karua accused those opposed to the Bill of jumping the gun, arguing it
was wrong to oppose amendment of the Constitution because they did not
fancy the Bill lined up next to set up a special tribunal.
She claimed the opponents did not have the courage to vote against the
Bill and had resorted to absenting themselves from the House to deprive
the proposed law of the requisite numbers.
Should the Bill be defeated, it would deal a blow to efforts to try
suspects locally because it would require six months before its
re-introduced.
The Justice Philip Waki-led commission issued a specific timeline
within which the tribunal should be established to try post-election
offenders, including the 10 prominent individuals suspected of bearing
the greatest responsibility for the mayhem.
Should the local tribunal not take off, the International Criminal
Court sitting at The Hague, Netherlands, would take over the mandate.
Those opposed to a local tribunal, have coined the rallying cry, Let
us not be vague, let us go to The Hague,' saying they have lost faith
in local institutions. The rebels claim it would be manipulated by
powerful figures and its work would be subverted.
They point at inaction on recommendations by various commissions of
inquiry such as the Goldenberg Commission to justify their fears of its
impotency.
But the Justice Minister cautioned that The Hague would only bring to
justice those who had committed crimes against humanity, if ever they
are tried.
Dead end
"If we reject the special tribunal it means persons who killed, raped,
maimed and destroyed property would go scot-free. Is that what we
want?" Karua asked about 40 MPs present at the time.
Karua warned Parliament was walking the country to a "dead end" and
likened rejection of the Bill to digging up trenches that will "trap us
all."
Karua said she was saddened the tribunal had been likened to other
commissions. "We are setting up a special system that will not be like
our normal justice system. The prosecutor, investigator and some judges
will be hired from the international pool," she said.
But it became apparent the Bill would fall through the trap door when
temporary Deputy Speaker put the matter to conclude debate to the vote
at 6.30pm. Even after he instructed the Sergeant-at-Arms to ring the
division bell, only 52 MPs were in the Chamber, prompting him to
postpone the vote.
Earlier, Foreign Affairs Minister Moses Wetangula led a renewed plea by
the Government for support of the Bill that has had a bumpy ride in the
House in the last three days.
Tourism Assistant Minister Cecily Mbarire and Sugow joined the ranks of
the MPs opposing the Bill arguing Kenyans have lost faith in local
institutions.
This brings the number of Assistant Ministers opposed to the Bill to
five. Others opposing are Medical Services Assistant Minister Danson
Mungatana, Wilfred Machage (Roads) and Asman Kamama (Higher Education).
Wetangula set the Government's plea, arguing it was time to solve our own problems.
"We have a duty to sort out the mess we created. It is time we are
confronted by the facts, it is time to restore the dignity of this
House," said Wetangula.
No confidence
But in opposing the Bill, Mbarire said: "I painfully oppose this Bill
because people have no confidence in a local tribunal. Perhaps, we need
to re-look the process and see what is right for Kenya."
MPs Lucas Chepkitony (Keiyo North, ODM) and Thomas Mwadeghu (Wundanyi,
ODM) also opposed the Bill, citing mistrust of local institutions.
But Ababu Namwamba (Budalang'i, ODM) supported the Bill, arguing that
failure to establish the tribunal would be "end of efforts to stump out
impunity".
Nairobi Metropolitan Development Assistant Minister Elizabeth Ongoro
said Kenya is not a failed State to warrant its citizens trial in The
Hague.
Her sentiments were shared by her Education colleague Ayiecho Olweny.
The House resumes on Tuesday, when the vote is scheduled to take place.