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    "id": 493266,
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    "content": "supposed to set the best standards of prosecution does not appear to be acting in accordance with the best prosecution policies which should guide other prosecutors and that international criminal court was behind some of the drafting. It was to provide some standards which now the international court, prosecutors, organs should be able to adhere to. At the moment, we are not in this particular case as far as the prosecution of this case is concerned, seeing the best prosecution policies which are being done by the ICC. That is one of my major concerns about the ICC. The other major concern, of course, is that the ICC is mostly the people who are now indicted are mostly from African countries. However, all those cases have been referred to the ICC by the Africans themselves. One should not now come around and use that as an excuse against the court. The court is there. It is true that in this particular case, there are some shortcomings. It is also true that they are only doing African cases, but that is really Africa’s own fault that these cases have been referred to the ICC. But going beyond that, I still think that the ICC should do more to ensure that it internationalizes itself in terms of the cases coming before it. Many cases which deserve to go to the ICC have come. When they come from Africa, they are very quick to say: “We are going to investigate.” But when it comes to other countries, they are not so quick to say: “We are going to investigate.” Can you imagine what is going on in the troubled spot of the world? These things are happening on an even greater scale, but the ICC is not coming out to say: “We have to investigate those cases and prosecute them.” Mr. Temporary Speaker, Sir, the President said in his speech that internationally, our diplomacy has been driven by the desire for a level playing field on which all nations and their people are equal in respect of their sovereignty. That is why Kenya played a crucial leadership role in negotiations that led to the creation of the ICC. I am glad that I was part of that Kenyan role of creating the ICC. He even goes further to say that we were doing it with some enthusiasm, which is also true. We were doing it with some enthusiasm in view of what was going on around the world. We thought that the ICC was the only answer. He goes further to say:- “It was because we believed then, as we believe now, that in an equal world only a common set of rules governing international conduct should keep anarchy at bay.” That is why as much as I criticize the ICC for the way that they have behaved in this particular case, I will support their role and relevance in today’s world. If there are any shortcomings, we, as member states, can do the necessary amendments to the Rome Statute, to ensure that those shortcomings are addressed. That is the way to go and that is the way Kenya should go; not necessarily to withdraw from the Rome Statute, but to see that the ICC plays out its proper role. Of course, there is also an avenue for the regional courts. I think the African Heads of State passed a resolution that our African Court of 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."
}