“The sovereignty of Kenya with a working judiciary and a vibrant democracy is under threat,” Hon. Aden Duale the majority leader in Parliament, said adding that the constitution of Kenya promulgated in 2010 is supreme to any other law whether local or foreign. If the judicial system is as sophisticated and pervasive as it is touted to be, then we should have seen more indictments of offenders of PEV in our courts by now. Under the Rome Statute, domestic courts wield the primary authority, and only when they are unwilling or unable to prosecute crimes against humanity does the ICC have jurisdiction. One would hope, that since the reformation of our judiciary it would have respond with alacrity to violations of humanitarian law committed during the PEV, thereby eliminating the ability of the ICC to prosecute. Furthermore, the statute ascribes ICC jurisdiction to only the most egregious and systematic crimes against civilians.
Posted on: Sat, 14 Sep 2013 20:39:51 +0000
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