The National Assembly has approved a motion that seeks to withdraw Kenya from the Rome Statute and repeal the International Criminal Act that obliges the country to cooperate with the ICC.
TNA's party chairman and nominated MP Johnson Sakaja however proposed an amendment to the initial motion which sought to both withdraw from the ICC and at the same time stop all cooperation with the Hague-based court.
Sakaja argued that even as the National Assembly pushes for a withdrawal from the ICC, they shouldn't also seek for the ceasing of all cooperation as that would be looked at as defiance. MP Jamlek Kamau seconded the amendment. The special session was not without drama as a section of Cord Members of Parliament walk out of the proceedings in protest.
The walkout was occasioned by an exchange between deputy leader of minority Jakoyo Midiwo and a section of MPs from the Jubilee coalition in which Midiwo is alleged to have referred to the Jubilee coalition as "thieves who stole two election" hence the push for withdrawal from the ICC.
Garissa township MP Aden Duale who moved the motion justified it by saying that Kenya's independence was at threat by the workings of the ICC.
"The sovereignty of Kenya with a working judiciary and a vibrant democracy is under threat," Duale said adding that the constitution of Kenya promulgated in 2010 is supreme to any other law whether local or foreign.
Duale also said that the credibility of the ICC was doubtful adding that the process had been politicised and that the push to bar the two leaders, President Uhuru Kenyatta, and Deputy President William Ruto, from ving in the March 4 general elections.
Mukurweini MP Kabando Wa Kabando who rose in support of the motion urged members of the national assembly to approach the motion as Kenyans and not along party lines.
"It comes a time irrespective of political divide to work for the good of Kenya," Kabando said, adding that the motion to repeal the Rome statute and withdraw from the ICC was a continuation of a motion that had been tabled in the 10th parliament.
The leader of the minority in the National Assembly Francis Nyenze while saying that no Kenyan should be subjected to a foreign judicial process added that the motion was time-barred.
Nyenze added that the motion was not as important as other matters that would warrant a special sitting of the assembly. "Other matters such as the VAT Bill, and insecurity in parts of the country are more important than this motion," he said. Nyenze also added that the 10th parliament failed to agree on the structures required to set up a local tribunal to try the ICC suspects.
Following the passing of the motion, the National Assembly will now be expected to draft a Bill within 30 days that will legalise the withdrawal of Kenya from the Rome Statute and the ICC.