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"type": "speech",
"speaker_name": "Sen. Ndiema",
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"legal_name": "Henry Tiole Ndiema",
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"content": "Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to the Speech by His Excellency the President. I attended the Joint Sitting and listened carefully to what the President said. I attended as the Senator for Trans Nzoia and as invited by the Speaker of the Senate in the normal manner. The President had the authority and discretion to seek to address both Houses and this was not the first time that he had done it. Mr. Temporary Speaker, Sir, the key issue that came out from the speech was that he was informing the nation that he was going to attend the court at The Hague as an individual Kenyan and not as the President of the Republic of Kenya. The accusations or allegations against him and the other two Kenyans also relate to a period that he was not the President of Kenya. Therefore, I found it in order that he had to make that clear. It was not really Kenya which was on trial, but him as an individual. He took the liberty to inform us that he was, indeed, going to The Hague as an individual. Mr. Temporary Speaker, Sir, what happened in this country in 2007/2008 was, indeed, a very unfortunate and ugly blot in our history as a country. We are a proud country that fought for its Independence after many years of being under colonial rule. To a large extent we have always remained a united country and are proud to be Kenyans. What happened within that short period, perhaps, tainted our image. It was unfortunate because Kenyans lost their dear ones and property. The suffering has been there and we are in a healing process. We are not out of it because justice is still being awaited by the victims. Many are still traumatized by what happened. This, indeed, is very unfortunate. Mr. Temporary Speaker, Sir, justice has a process to undergo. What is happening at The Hague is perhaps different from what we would expect from our courts. Some may argue that these issues should have been handled in our local courts, while others said that it was better to go to The Hague, but at the end of the day what matters is justice to be done. We are now in 2014 and are yet to conclude this matter. Closure to this matter is very essential if we are also going to recover and move ahead as a nation. There is an old saying, “that justice delayed is justice denied.” I do not know whether the processes at The Hague will really amount to true justice, if there will be indefinite delays in concluding this matter. There is already doubt in the minds of people arising from the fact that even the prosecutor says that they have not found adequate evidence to sustain this case. It would be proper for a matter like this one which really concerns the nation to be brought to a just end. That will satisfy all the victims. This is because by delaying you may also be creating other victims from the whole process. What happens at the end of the trial when the accused is found not guilty in any way? Will they not have also become victims? The best way to handle these matters even as the cases go on at the ICC is to adopt the truth and reconciliation route that was recommended and that has been used and worked elsewhere. We seem to have reached a situation where we have kept that aside. As a country, we should pursue the path of reconciling our people. I am not saying that some form of reconciliation has not 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"
}