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{
    "id": 122095,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/122095/?format=api",
    "text_counter": 335,
    "type": "speech",
    "speaker_name": "Mr. Affey",
    "speaker_title": "",
    "speaker": {
        "id": 381,
        "legal_name": "Mohammed Abdi Affey",
        "slug": "mohammed-affey"
    },
    "content": "Thank you very much, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to contribute to this very important Bill. When the Government brought a similar Bill to this House a few months ago, I voted against it. However, today I stand to support this one. Over the last few months, I have reflected very deeply on matters that are current in the country. I have not changed because this Bill will see the light of the day. I have changed because of the spirit in the Bill itself, not necessarily the text, wording or its application in the country. I thank Mr. Imanyara for bringing this Bill before the House. The spirit resonates with the majority of Kenyans. Mr. Temporary Deputy Speaker, Sir, the reason for this is simple: Yesterday, we were given an opportunity by the Committee of Experts (CoE) to see a clip, reminding us of a very serious issue in the history of this country. I agree with Dr. Khalwale, that the Government has sufficient laws under the current Constitution to try Kenyans who participated in the killings of innocent people. These are the people who did what we saw on our television screens. The Government has sufficient mechanism even to try them today. However, because in this country the Government has refused to implement the law, we have invited foreigners to take over leadership of this country. It is foreigners who are driving the reform agenda and trials. I want to disagree with Dr. Khalwale that this Bill, as designed by Mr. Imanyara, does not preclude the fact that those who were responsible for crimes against humanity can still end up at the Hague. The Bill was carefully crafted. The worry we had last time was that we had a Government which was determined not to prosecute anybody. The only option all of us had was the one the international community provided. Nothing had stopped the Kenyan Government from prosecuting those involved in crime. But because they refused to do so at the time they brought a similar Bill before us, all of us felt compelled to give justice to these victims. The only way to give justice to them was to find other options. Since we had failed as a country to try them, was there a possibility to try them elsewhere? That is how we rejected the Government Bill. Mr. Temporary Deputy Speaker, Sir, now that this Bill is hybrid, it gives a possibility for those of us who feel--- The Head of State is not synonymous with Kenya. This should be very clear. God forbid if we have a Head of State who blatantly breaks the law and because he is the Head of State you cannot try him, we are going to lose the country. Nobody should ever tell us that crimes committed by sitting Heads of State are synonymous with Kenyans. It is not! We must have a distinction here."
}