HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 194965,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/194965/?format=api",
"text_counter": 77,
"type": "speech",
"speaker_name": "Mr. Wako",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 208,
"legal_name": "Sylvester Wakoli Bifwoli",
"slug": "wakoli-bifwoli"
},
"content": "Under the Rome Statute, the ICT after a ratification by 60 countries, established the court and commenced its jurisdiction. The 60th ratification was acquired on 11th April, 2002. The Treaty now formally entered into force on 1st July, 2003. By the end of December, 2000, 139 countries, had signed the Treaty. Kenya had not only signed it when it was adopted, but we ratified it on 15th March, 2005. Therefore, by the mere fact that we have ratified this Rome Treaty, we are, as a State, under an obligation to domesticate the Treaty, so that it has a force of law in Kenya. Hence, this Bill is to domesticate that Treaty. This Bill has been in existence since 2005. When it was first published, and in the drafting of the Bill, I must inform this august Assembly that we were also guided by the model legislation to implement that treaty that had been drafted, not only by the United Nations (UN), but also by the Commonwealth countries. Because of the importance of the Bill, the UN and also the Commonwealth countries developed model legislation to guide the countries. So, we were well guided by that in the drafting of this Bill. Mr. Speaker, Sir, after the drafting of this Bill and its publication in 2005, it was subjected to intensive discussions and consultations by the Non-Governmental Organizations (NGOs) in this country, and in particular the Kenya National Commission on Human Rights (KNCHR), the Law Society of Kenya (LSK), FIDA and the International Commission of Jurists (Kenya). The Ninth Parliament must have seen a very elaborate commentary on the Bill, Appraisal No.5, which was published by the KNCHR. Arising out of that, we looked at the Bill again and I am glad to inform this august Assembly that a number of amendments were then, thereafter, incorporated into this Bill arising out of the recommendations from these consultations. Consequently, the Bill that is before the House today is one that also includes an input from the NGOs, particularly those which operate in the area of administration of justice. Mr. Speaker, Sir, speaking generally, before I come to the provisions of the Bill, the International Criminal Court (ICC) has a number of advantages. It will, we believe, help end the culture of impunity enjoyed by those responsible for the most serious international human rights violations. It will also provide an incentive and guidance for countries that want to prosecute such criminals in their own courts. It will also offer a permanent back-up in cases where countries are unwilling or unable to try these criminals themselves because of violence, intimidation or lack of resources or political will. This has already happened. Mr. Speaker, Sir, we have noticed that the international criminal tribunals are already playing a very key role in the prosecution of persons or leaders who have committed serious international crime. The International Tribunal on Yugoslavia has tried many. Nearer home, the adhoc International Criminal Tribunal on Rwanda (ICTR) has also tried and convicted many. Closer home, particularly as far as the ICC is concerned, one of the cases that is before it is a case emanating from Northern Uganda where we have the Lord's Resistance Movement (LRM) led by Kony. And as you know, he has been indicted by the ICC. Although Uganda itself may not have been able to do it, the ICC is now doing it. As you know also, the hearing of the case of the former President of Liberia, Mr. Taylor, is right now going on at the Hague. So, there are many advantages of this. The ICC observes what it calls the principle of complementaries. In other words, it is, first of all, the duty of each 908 PARLIAMENTARY DEBATES May 7, 2008 state to investigate and prosecute these crimes. But it is only where those states cannot do so for a variety of reasons that the ICC can now step in and do so. I will be explaining how that is done when I go to the Bill. Mr. Speaker, Sir, coming now to the Bill very quickly, as I told you, this Bill is about domesticating the Rome Statute. Clause 3 states very clearly:- \"This Act shall be binding on the Government\". Clause 4(1) also states very clearly:- \"The provisions of the Rome Statute specified in subsection (2) shall have the force of law in Kenya\" Once again, that is stated very, very clearly in Clause 4. In Clause 5, it is clearly stated there again as follows:- \"For the purposes of any provision of the Rome Statute or the ICC Rules that confers or imposes a power, duty or function on a State, that power, duty or function may be exercised or carried out on behalf of the Government of Kenya by the Attorney-General, if this Act makes no other provision in that behalf\". So, the Attorney-General is given the responsibility under this Act to ensure that the Rome Statute not only has the force of law because of the passage of this Bill, but also is implemented."
}