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{
    "id": 493931,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/493931/?format=api",
    "text_counter": 18,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "We saw the prosecutors trying to make the burden of proof to be on the accused. Lawyers know in every case, especially criminal case, the burden of the proof is on the prosecutor. We were hoping that the ICC, with regard to how it was formed and why it was formed, even if we do not fault it, an office is as good as anyone who is sitting in it. Even the positions we occupy today, we cannot condemn the Senate. You must then condemn each and every Member who sits on their individual capacity. That is why when you look at how the cases have evolved, right from when they began, you will see that they lost track at some point. The cases started becoming very political and you cannot just say it is a judicial process, when we are seeing political interference coming into the same process. It stops being a justifiable judicial process. For a prosecutor to admit and say that there is no evidence and, at the same time, wants it to stay forever, I think there must be a very good reason. We have seen even the judges on the bench defying and asking for a very good reason we need to push this case forever. That does not make sense. Mr. Speaker, Sir, the former prosecutor was very clear that he wants to make Kenya an example. That is where the ICC lost it. That I want to crucify you to show others that it can be done. We are not criticizing this process and saying that what happened in 2007/2008 did not happen. We, a country, have seen the repercussions. We have gone through very many processes. They are not even over. The process of reconciliation has not been achieved in this country. There are still many underlying problems in very volatile areas. It is up to us now to do the right thing. We should not live it to the ICC to decide how we live with our neighbours. In Rift Valley, for example, where there was a big problem, we see people who took neighbours’ cows still milking them across the fence. That has happened, but the reconciliation cannot be dictated to us through a process that does not have any evidence. Justice for the victims does not mean that we pass a guilty charge on the accused without the due process. If these cases have evidence, are justifiable and sustainable then the story we would be speaking a different story, but the moment we go the route of telling the accused to prove their innocence, I think we have lost it. It should be upon the prosecution to make sure that there evidence is tight, the justifiable and sustainable. Mr. Speaker, Sir, people in this country prayed. Women prayed and fasted. I saw people go to the mountains because it was not a simple decision to make even for the Head of State. There are 40 million Kenyans looking upon him to offer guidance. That means that there is a weight of 40 million Kenyans on his shoulders. Even if we want him to decide that he can be just Uhuru Kenyatta, it was not that easy; it was an immense responsibility. The President took a very brave decision. If some of us are told to delegate being Senators, I think many will refuse. He delegated being the President. 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."
}