The six have been cited as the major suspects of the 2007 post election violence.

Addressing parliament, Odinga said that withdrawal of Kenya from the Rome statute was unconstitutional. He noted that under the new constitution, all ratified conventions and general rules of the international law 'shall form part of the law of Kenya and the constitution’.

The Premier was backed by several MPs including the justice and constitutional affairs minister, Mutula Kilonzo who warned that the push to have the country withdraw from the ICC would complicate cases for the Ocampo six.

“Those who are panicking have not understood the ICC. If we withdraw, our own citizens will be hunted like chickens. We will be putting them under enormous pressure,” he said.

The issue of The Hague and Rome Statute has brewed bitter exchanges among parliamentarians with some saying that Kenya was better off without the ICC and a section of MPs saying that withdrawing from ICC was a waste of time.

Some legislators want a local tribunal to try the suspects, saying that Hague is too tough for the suspects. Those in the other camp believe that with proper and fair trials, The Hague has the capacity to indict the six and deliver justice.

According to the Premier, withdrawal from ICC would take one year to come into effect and does not extricate the country from its obligations while it is still a member.

“Kenya might face dire consequences from this act; Mps should reconsider their motion thoroughly before embarking on such a move.

Viable options

The government is seeking viable options in a bid to save key members of its administration from standing trial at The Hague. One of the options being considered is the immediate appointment of a new Chief Justice, Attorney General, Director of Public Prosecution and the inspector General of Police.

This, according to sources, will exemplify political will and a strong judiciary that can be trusted to handle post election violence cases. With the new appointments, the government hopes that it can convince the UN and the ICC that it is prepared to conduct credible local trials.