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{
    "id": 493075,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/493075/?format=api",
    "text_counter": 72,
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    "content": "last nail on the coffin of the ICC. This will happen unless radical reforms are done now to hold the Prosecutor accountable for the exercise of their prosecutorial powers. This is the only court where a prosecutor can say; Otieno Kajwang, Kithure Kindiki and Mutula Kilonzo are criminals and they will be charged with no evidence. Nobody would even ask the prosecutor how he arrived at that. In national jurisdictions, there is a remedy called malicious prosecution. You can sue a prosecutor who abuses their office or who maliciously arraigns somebody in court. Unless the ICC has such a remedy, the court cannot stand on the scales of what would constitute a court of law. Who will compensate retired Maj-Gen. Ali whom the court found to be innocent? Who will compensate Ambassador Muthaura? Who will compensate Henry Kosgey, Joshua Sang, Uhuru Kenyatta and William Ruto when they are set free? They have put people under a lot of trauma. They have also used their resources and their reputations have been at stake and probably the ICC will just say; come on, you are now free but there is nothing that can be done about it. Time has come for us to revisit the legal framework of the ICC. I hope that after this circus, Kenya will sober up and look at how it can influence a more transparent, accountable and more judicious system so that these matters are addressed. The logic of holding the most powerful people accountable is very good. It is excellent logic and it is only then that people can know that when you elect somebody into Presidency or Premiership or Deputy Presidency, their job description does not include murder, deportation and rape. So, one cannot claim to have been the President and, therefore, cannot be tried. The logic is sound but on the other hand, it is possible, as we have seen in the Kenyan cases that innocent men have been dragged before a court, traumatized, spent their resources and have no remedy. With those many remarks, I beg that pursuant to the provisions of Standing Order No.24(6), the thanks of the Senate be recorded for the Address of His Excellency the President delivered on 6th October, 2014 during the Joint Sitting of Parliament. I thank you and request Sen. Billow to second."
}