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The quest for a deferral is splitting the country’s leadership. The Kenyan Parliament has been tying itself in constitutional knots after passing a motion, which risks being in conflict with the new constitution, to repeal the International Criminal Act (ICA). The motion by Isaac Ruto , a member of parliament from the Orange Democratic Movement ( ODM ), to repeal the ICA replaced an earlier motion (p. 18660C) . This, calling for Kenya to leave the International Criminal Court (ICC), was passed overwhelmingly, but the Speaker ruled it unconstitutional. None of this, however, will have any effect on the ICC’s Pre‐Trial Chamber in The Hague. The problem with Ruto’s motion, apart from the disdain with which the media and public greeted it, is that the new constitution adopts into law all treaties the state has signed and that includes the ICA, according to many Kenyan lawyers. The ICC named six suspects for the violence after the 2007 elections (p. 18660A) when the ICA was in force and so they cannot be saved from prosecution, if that is what the ICC decides on. The lawyers say that in order legally to reject the ICA, Kenya would require a constitutional
Africa Research Bulletin: Political, Social and Cultural Series – Wiley
Published: Feb 1, 2011
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