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"type": "speech",
"speaker_name": "Mr. Mungatana",
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"legal_name": "Danson Buya Mungatana",
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"content": "Mr. Deputy Speaker, Sir, I want to congratulate hon. Gitobu Imanyara for moving this Bill. I also want to thank him so much for taking time to move The Constitution of Kenya (Amendment) Bill, which essentially seeks to introduce the Special Tribunal in Kenya. Mr. Deputy Speaker, Sir, hon. Imanyara has gone into details about what the technical bits of the law that are necessary for us to get the Special Tribunal for Kenya and he has gone into the details of the kind of things and the standards that we need to set. However, I want to bring this debate to another level. Crimes were committed in this country after the general election of 2007. There were crimes of murder, rape, robbery with violence, those that involved injuries to people, burning of homes and things like that. However, there are what we call ordinary crimes and crimes that threaten the very existence of a state. Mr. Deputy Speaker, Sir, when we have a crime that is committed and threatens the existence of a State and also brings the fear of disintegration of a whole nation, such a crime cannot be treated as an ordinary crime. There have been arguments that the Attorney-General of the Republic of Kenya could have arrested all those people and tried them under the current existing laws. He could have taken all the people who were involved in whatever forms of little crimes that were committed at the time, have them arrested and then charge them in court under the existing laws. People have argued before saying that because the Attorney-General did not do that, it is a failure on his part. I stand here as the devilâs advocate. The kind of crimes that were being committed at that time were threatening the existence of the state that we know as Kenya. They were not"
}