Coalition for the International Criminal Court
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Updates on Kenya
31 Dec 2005
At a seminar on the International Crimes Bill held in Nairobi in July 2005, Attorney-General Amos Wako urged for prompt adoption of the ICC implementing legislation.

The Attorney-General of Kenya deposited the ratification instrument at UN headquarters in NY on 15 March 2005.

On 17 February 2005, the Kenyan Parliament authorized ratification of the ICC treaty. Government officials are reportedly in the advanced stages of drafting the necessary implementing legislation.

The Foreign Affairs Minister Kalonzo Musyoka stated in July 2003: 'We are at an advanced stage in that area and we are about to sign the Internaitonal Criminal Court treaty'. Similarly, the Minister of Justice Kiraitu Murungi said in July 2003 'We are not blind to the human rights activists' demands; we will study all conventions which have not been ratified so that we know what are contained in them.'

The Attorney-General was considering both ratification and implementing legislation. The potential need for constitutional amendment was considered a possible barrier to speedy ratification.

At the Sixth Committee meeting of the 54th General Assembly, the Kenyan representative pointed out the complexities of national legislation needed to complement the mandate of the Court. He appealed to NGOs and international organizations to extend support to his sub-region so that it could mobilize the political, moral and social will for early ratification of the Statute. He said that Kenya's experience in cooperating with the International Criminal Tribunal for Rwanda had shown that it is possible to cooperate with the Court without the necessary domestic legislation in place and he foresaw no major problem in cooperating with the ICC once it became operational.

A private member's bill concerning implementing legislation for the International Criminal Tribunals was introduced in 1997 and the ICC was subsequently added.