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"speaker_name": "Mr. Kioni",
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"legal_name": "Jeremiah Ngayu Kioni",
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"content": "Mr. Deputy Speaker, Sir, I rise to second the Motion for the same reasons I had adduced when the previous Motion was on the Floor. If you look at Article 17(3) of the Rome Statute, you will find that there is an inference that in order to determine the inability in a particular case, the court shall consider whether due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony to or otherwise unable to carry out the proceedings. The ICC must satisfy itself that the State is unable to one, apprehend the accused; two, that the judicial system has completely failed; and, three it is unable to even allow a proper prosecution process. Our country is not in that category. The fact that we have just passed a Motion on the need to form a Judicial Service Commission allows us to be able to claim that the reforms within the Judiciary are on course and we are in a position to carry out the necessary prosecution on the perpetrators of post-election violence. It is important that we remove the notion that this Motion intends to deny those in the IDP camps fair justice or an opportunity for their case to be heard. The reforms we"
}