President William Ruto has taken a bold step in ratifying a continental law protecting Heads of State and other senior government officials from prosecution for heinous international crimes while still serving their terms.
The Head of State on Monday, July 24, signed a protocol of the African Union relating to the Pan-African Parliament (PAP).
According to a statement by PAP, the signing cleared the way for the ratification of the Malabo Protocol whose immunity clause prevents the investigation of heads of state and senior state officials who commit crimes under international law.
"The signing of the Malabo Protocol fulfills a commitment made by William Samoei Ruto to members of the Pan-African Parliament during his keynote address at the 3rd Pan-African Parliament’s Summit on Climate Policy and Equity, held in May this year at the Parliament’s Headquarters in Midrand, South Africa," read the statement in part.
In May, Ruto promised to ratify the Malabo Protocol by September 2023 and his signing of the protocol to the constitutive act of the African Union marked the first step.
Overall, the ratification journey has three stops; the signing, ratifying and depositing of instruments at the African Union Commission for the protocols to enter into force.
Kenya became the 23rd state to sign the protocol and if it ratifies it by September, it will be the 16th country to do so.
"I want to undertake that before September, we will have concluded that exercise. Take it from me because we are believers in this continent and Kenya is a champion of consolidating our issues around the African Union.
"Otherwise, African solutions, Agenda 2063, the African Continental Free Trade Area (AfCFTA) and the young, green, clean continent of the future will remain a mere pipe dream," Ruto stated at the time.
Under customary international law, serving heads of state and senior state officials only enjoy immunity from the jurisdiction of a third state and not immunity before international courts
The Malabo protocol was adopted at the African Union Assembly of Heads of State and Government Summit in June 2014 in Equatorial Guinea.
The protocol was aimed at extending the powers of the Pan-African Parliament into a fully-fledged legislative organ of the Union.
“PAP provides a fundamental deliberative forum where the peoples of Africa gather to reason exhaustively together and develop African Solutions to Africa’s Problems,” the President added.
For now, PAP only plays consultative and advisory roles.
