Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 599728,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/599728/?format=api",
    "text_counter": 128,
    "type": "speech",
    "speaker_name": "Hon. Sakaja",
    "speaker_title": "",
    "speaker": {
        "id": 13131,
        "legal_name": "Johnson Arthur Sakaja",
        "slug": "johnson-arthur-sakaja"
    },
    "content": "The Constitution we have today is one that expects absolute accountability from everybody and from every arm of Government. However, I am persuaded to sympathise because as much as that it might be unwritten in a system where you have three arms of Government and separation of powers, it may be an unwritten rule that the heads of those institutions cannot be subject to such a proceeding. However, as we think about it and, of course, the lawyers will judge me right or wrong, in my thinking I want to give an example. Article 2(5) of the Constitution says that all the treaties that Kenya is party to make part of the laws of our country. That means that the treaty establishing the International Criminal Court (ICC) is part of our laws. This means that the ICC is, by extension, a part of our judicial stratosphere and established by subsidiary legislation. That also means that in the hierarchy of our courts within the Judiciary, the ICC is below the Supreme Court and the High Court because it is established through subsidiary legislation in this country. Hon. Speaker, you remember very well that our President, who is one of the heads of an arm of Government and the leader of this nation, submitted himself to the ICC, which is a court within our judicial system and by extension this country. He went to the ICC. Before he went, he made it very clear, right here in this House, that he had taken off his hat as a President. He handed over power to the Deputy President and went there as a citizen. The CJ is being summoned to come to Parliament as the Chair of the JSC and not as the CJ. There must be that distinction. If that is not the case, because it happens, the same individual is wearing two hats. Then it must be abundantly clear to all that even the President of this country was not in any way expected to submit himself to any court within our judicial system. Within the new Constitution, even the Deputy President is elected. I beg to suggest that the Deputy President also, as part of the leadership of one arm of Government, should not subject The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}