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{
    "id": 388972,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/388972/?format=api",
    "text_counter": 336,
    "type": "speech",
    "speaker_name": "September 10, 2013 SENATE DEBATES 40 Sen. Hassan",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you for that clarification, Mr. Speaker, Sir. I think I want to agree with the Senate Minority Leader when he said that Sub-Article 4 was a contradiction to Article 1 and, therefore, in terms of trying to polish the Motion and to make a statement but at the same time continue with our obligations under international mechanisms is to support this amendment. I think Sen. (Dr.) Machage mentioned some of the limitations the Constitution places on us to act in futility including the Rome Statute of the ICC and none of us sees the merit or even the end result on how it assists the Kenyan situation. Mr. Speaker, Sir, I must also talk about equality under the law. Today, we have convened a Special Session of the Senate, and the National Assembly did the same thing. But I think in terms of equality under the law, we need to also look at other situations globally where Kenyans have been submitted out of the willful actions of commission or omission by Government to international or foreign courts and processes. Why do I talk about this? First and foremost, after the 2007 General Elections, both parties asked for the intervention of the ICC. Initially, everybody thought it was a witch hunt. So, there was politicization of this process from the word go. It does not help as Sen. (Dr.) Khalwale says. What will help you are the facts that will mitigate your innocence in a court of law. Even as I stand here today, there are Kenyans in foreign jurisdictions who have been handed over by the Kenyan Government and I wish this Motion could have sought to address the plight of all Kenyans across the world. There are Kenyans in Guantanamo Bay who have been submitted willfully to the barbaric jurisdiction of the United States. We also have Kenyans who have been submitted to the jurisdiction of Uganda and we know it. So if we are talking about all Kenyan citizens; that every Kenyan citizen must enjoy sovereignty and protection, what happened to sovereignty when we were handing over those other Kenyans to those jurisdictions without even a process that factored in the judicious nature to arbitrate and mitigate the constitutional provisions that allow these people to be accorded their rights under the law? These people were simply taken and renditioned to foreign jurisdictions. I think it is not right for us out of convenience to move this Motion because of might. I am very skeptical about the statements the African leaders are making. Mr. Speaker, Sir, as much as the African Union (AU) is an institution that is a collection of the African States, it is sending an extremely negative message. I am worried for the rest of Africa. The withdrawal of Kenya and probably other African States opens the gate for unfettered impunity in Africa. Therefore, it is a wrong political message for us to send. We might be talking about Kenya having strong institutions; that we have built a new constitutional order which we are confident of; what about the other countries? People are using the United States of America as the benchmark. Since when did the US become a benchmark to any of us? Why can we as Africans not set our own benchmarks in the sense that we do not reference to the US? The US is a country that has exhibited double standards in international affairs. In fact, they have something to learn from Kenya. Kenya can teach them how it is done with conviction and consistency. Therefore, it is wrong to put this issue as though there is foreign intervention. There was no foreigner who pulled the trigger in Kenya and no foreigner hacked any Kenyan. It is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}