The International Criminal Court's building (ICC) in The Hague, Netherlands. PHOTO | FILE
The decision on whether Kenya will withdraw from the International Criminal Court (ICC) lies with the Cabinet, State House has said.
“To withdraw from a treaty, you need an Executive deliberation and then Cabinet directs the Cabinet Secretary for Foreign Affairs and the Attorney-General to prepare the appropriate instruments and deposit them with the relevant authorities,” State House spokesman Manoah Esipisu said during a press briefing on Sunday.
Two resolutions of Parliament calling for Kenya’s withdrawal from the court already exist. One was filed during former president Mwai Kibaki’s tenure while the second was passed by the current parliament.
The ICC was set up in 2002 after ratification of the Rome Statute that had been signed by 120 countries in 1998.
There has been mounting pressure for the country to state whether it would remain part of the court that had earlier brought charges against President Uhuru Kenyatta and his deputy, William Ruto, which were later dropped.
This follows the withdrawal of two African countries last week. South Africa on Friday announced that it would pull out, saying its obligations were in conflict and inconsistent with its diplomatic immunity legislation.
On Wednesday, Burundi’s lower house of Parliament voted to withdraw from the ICC.
In a statement, the President of the Assembly of States Parties to the Rome Statute of the ICC, Sidiki Kaba, raised concerns that the withdrawals would lead to a mass exit that would weaken the global court.
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