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{
    "id": 122370,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/122370/?format=api",
    "text_counter": 216,
    "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, you rightly pointed out what I said. The Waki report said that if the Government or Parliament failed to establish a Special Tribunal by a particular date, then the matter will stand referred to the ICC. That is what the report says, it did not say that the Government must then refer it to ICC. Once the Government was unable to set up a Special Tribunal, Dr. Koffi Annan who had been given the envelope handed it over directly to the ICC. The ICC has got several ways of dealing with the matter. There are so many ways of skinning a cat; one is direct referral by the Government to the ICC. In other cases, where there are failed states, there is complete breakdown of law and order like was the case in Sierra Leone or Liberia. Kenya does not fall in this category. Kenya has got functioning judicial system. We, therefore, said we do not want to put ourselves in that category. We have a system that is working. However, there is Article 15 which allows the ICC of its own motion, to give leave to the prosecutor to begin investigations. The third one is Article 16 which refers to the Security Council. The Security Council can pass a resolution that will enable the ICC to proceed. So, we are not exercising responsibility under Article 14 because we are not afraid of Hague, but we will co-operate if ICC decides to proceed. We have not refused to move on. We are ready to co-operate, provide evidence and make those who are suspects available for investigations. With regard to what Mr. Kioni has raised, I am not aware of any Cabinet Minister who is charged in a court of law."
}