ODM MPs Cyprian Omollo, Omondi Anyanga, Wilbur Otichillo, and Alfred Sambu were among those who voted against the proposal by ODM Whip Midiwo. However, the intervention by the International Criminal Court remains the one issue on which nearly the entire Tenth Parliament has backtracked.
Since February 2009 when Parliament voted against the establishment of a local Tribunal, MPs have switched positions to the point that they find themselves wired in a maze.
Chepalungu MP Isaac Ruto, who voted against the local tribunal preferring the ICC, successfully lobbied a Motion to pull Kenya out of the ICC in December 2010.
Assistant minister Aden Sugow, who had opposed a local tribunal, echoing the rallying call, “Let us not be vague in this House, let us go to The Hague” backed Ruto’s Motion with the new call, “taking our sovereignty back”.
Assistant minister Lewis Nguyai, who would later become a fierce opponent of the ICC, had said in 2009: “We want the key perpetrators of these particular atrocities to go to The Hague because we have developed a culture of impunity.” Kangundo MP Johnstone Muthama is also known to have taken a U-turn on the ICC cases.