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"speaker_name": "Mr. Mututho",
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"content": "On a point of order, Mr. Deputy Speaker, Sir. I rise on Standing Order No.48 which allows a Member to amend a Motion as long as he does not change the actual feeling and philosophy of the Motion. I beg to propose an amendment to the Motion by Isaac Ruto as follows:- THAT, the Motion be amended by deleting all the words after the word ârepealedâ at the end. Two, substituting therefore, with the following words:- âAnd further that the Government takes appropriate action to withdraw from the Rome Statute pursuant to Articles 127, 19 and 17 of the Rome Statute as read together with the principal of complimentarity emphasized in paragraph 10 of the preamble to the Rome Statute and further that any criminal investigations or prosecutions arising out of the post election violence of 2007/2008 be undertaken under the framework of the new Constitution. Mr. Deputy Speaker, Sir, the whole idea of going to the ICC was to achieve justice. There is nothing more important in life as justice. Justice starts with very good investigations and has to be seen to be done. The principles set under paragraph 10, the preamble, first and foremost, and I read:- âEmphasizing that the International Criminal Court established under the statute shall be complementary to the National Criminal Jurisdiction.â Most hon. Members here and, to be specific, 48 of them, have gone through a judicial process to be here; either through a petition or otherwise. Are we saying that Kenya is a failed state which cannot carry out the basics of trying those bad and mad people who burned and maimed my people in Naivasha? Are we saying that this court is so incompetent, as it may be for now, that we are not worth having a full judicial process? For the sake of hon. Members who may not have had time to go through the Rome Statute, I will go through Article 17(i) (a). I read:- âThe case is being investigated---"
}