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{
    "id": 122351,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/122351/?format=api",
    "text_counter": 197,
    "type": "speech",
    "speaker_name": "Mr. Raila",
    "speaker_title": "The Prime Minister",
    "speaker": {
        "id": 195,
        "legal_name": "Raila Amolo Odinga",
        "slug": "raila-odinga"
    },
    "content": " Mr. Deputy Speaker, Sir, Dr. Khalwale asked a question which was partly asked by Mr. Mungatana; the issue of referral. Dr. Khalwale said that it is a fourth question which I did not answer. I did answer it. The question was raised whether as a Government, we agree under Article 14 of the Rome Statute, to do direct referral to the ICC. We said no, we will not. The reasons for this are that, for the Government to agree to refer its citizens to another jurisdiction will be abdication of its responsibilities. That will, in fact, mean that you are ceding your sovereignty to another authority. That is the reason why we said, “No, we will not”. The Cabinet instead decided that it would fast-track the reform in the police and Judiciary to be able to carry out these trials locally. Mr. Deputy Speaker, Sir, hon. Members remember that the Government wanted to do the trials locally as recommended in the Waki Report. That is why a Bill was drafted, approved by the Cabinet and brought before this House. Unfortunately, this Bill was rejected by this House. The Government, was therefore, not able to proceed. The reason Waki and his team recommended setting up of a special tribunal was, according to the Report, that Kenyans had no confidence in the local Judiciary. That is the reason there was need to have a special tribunal that would be independent of the current Judiciary. That required a constitutional amendment. That is why we came with a Constitution amendment Bill which was shot down by this House. An attempt to try to bring the Bill back to the House was shot down before it even reached here. Hon. Members kept on saying that it would be a waste of time. “Bring it"
}