The Kenyan Chapter of the International Commission of Jurists (ICJ) has said that pulling Kenya from the Rome Statute would not only taint the country’s image but also damage the relationship between Kenya and other countries.

Speaking to journalists, ICJ chairman Albert Kamunde said that the motion passed by Parliament seeking to withdraw Kenya from the Rome Statute was ‘ill advised’ and has painted Kenyan legislators as ‘hypocritical.’


“It will be an embarrassment really for the other countries,” said Kamunde adding that African countries embroiled in post election scandals were emulating Kenya quest for justice.

“We will be the first country to do so and one would wonder why we ratify the Statute itself and then withdraw. MPs should be reminded that the process is not as easy as they think as they need at least one year to do so.”

The MPs decision to back out of the Rome Statute has been at centre stage in parliament, following the naming of the six suspects by ICC Prosecutor Loius Moreno Ocampo. The six has been cited as having the greatest responsibility in the 2007-2008 post election violence.

He said that the country’s withdrawal from the Rome Statute would set back significant gains made towards giving the victims of the post election violence justice.

“It is contrary to the expectations of Kenyans because after the 2007/2008 violence, one of the things that were to be done was actually to give justice to Kenyans who lost their lives and those whose property was actually destroyed,” he explained.

Religious leaders have also sharply criticized the vote by Parliament to withdraw Kenya from the ICC treaty.

Catholic Archbishop of Nairobi John Cardinal Njue termed the move retrogressive, while hinting that it goes against the spirit of the Constitution.

Njue has urged political leaders to tone down their rhetoric on various hot-button issues like ICC and constituency boundaries to avoid raising tension in the country.
Archbishop of the Anglican Church, Rev Dr Eliud Wabukala, warned leaders mentioned in the Ocampo list not to exploit tribal and sectarian sentiments to try and escape the judicial process at The Hague, or within the country.
And the Association of Professional Societies in East Africa has decried parliamentarians’move to withdraw Kenya from the ICC.

Chairman Daniel Ichang’I noted that the attempt to withdraw from the Rome Statute would damage Kenya’s reputation with other countries.

“It reflects very badly on us. You must remember that we are dealing with loss of human lives on the altar of politics and we cannot accept the fact that some of these people who may have been involved and actually are in all likelihood second tier suspects derailing the process,” he pointed out

The civil society has also cautioned President Kibaki not to assent to that Motion at all, saying that doing so would also taint his name internationally.