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{
"id": 118289,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/118289/?format=api",
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"type": "speech",
"speaker_name": "Ms Karua",
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"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
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"content": "Parliament is a debating chamber where ideas should flow freely. Those who do not like a certain idea, must tolerate hearing the views of those who support it. This Parliament has not shown any tolerance during the debate on this Bill, and that is why the debate has had to be interrupted several times. Just today during Question Time, we saw the Government affirming use of violence as a tool during the answer to my Question by the Deputy Prime Minister and Minister for Local Government. It is okay to have violent Local Government elections. The only way Kenyans can rid themselves of violence is by lobbying their Members of Parliament to come into this Chamber and give support to this tribunal Bill, which should be able to put an end to, once and for all, violence as a tool of gaining political power. Mr. Deputy Speaker, Sir, we are aware that the ICC has moved and we are sincerely hoping, at least I am sincerely hoping, that in a short while, we will hear of prosecutions. But the ICC cannot be enough; they will only deal with the top level offenders, those who bear greatest responsibility, those who incited, planned and funded violence. Some of them may be in Government. That is why they are able now to obstruct this Bill. But then, there are thousands of others who committed atrocities upon fellow Kenyans, ordinary citizens. It may be Members of Parliament, it could be members of the Executive; Ministers. It could be members of the disciplined forces. They all need to be brought to account. They all need to stand before a competent tribunal and face their accusers, be acquitted or convicted, and this is the only way we can reign in impunity. I once again would want to congratulate my colleague, Mr. Imanyara, for bringing this Bill because it proves that the Government of Kenya is now admitting to the whole world that it is unable to fight impunity, especially as relates to election violence. It is, therefore, incumbent on us, and on Kenyans of goodwill, to say that if Parliament fails to pass this Bill, then as, a nation, we need external help. We need help from our friends, from our neighbours, because we clearly cannot handle our affairs. I hear Ministers, I hear the Prime Minister, and civil servants claiming that Kenya is not a failed State. The strongest indicator that we are on the last stop towards a failed State is that we are a country that does not want to deal with issues of impunity and violence, like this one. Mr. Deputy Speaker, Sir, I was a Member of the Serena team, leading the Government negotiations. We agreed that we would bring here a law and support it to set up a local tribunal to try the master minds and perpetrators of post-election violence. Simultaneously, we agreed to set up the National Cohesion and Integration Commission. We brought a law here, it was passed, and the Commission is in place. We agreed to set up the Truth, Justice and Reconciliation Commission (TJRC). We brought a law here, it was passed, and the Commission is in place. Those who are, therefore, saying that these issues of post-election violence are better dealt with by the TJRC are dishonest. We knew that we were going to have all these new bodies. We knew that the National Cohesion and Integration Commission, could not play the role that the TJRC was going to play, and we knew that the TJRC could not play the role of a local tribunal. The local tribunal is a court of law. The reason we are forming a local tribunal--- Let us be very clear. It is because there are fears that our judiciary may not be equal to the task. The few cases that"
}