Entry Instance

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

{
    "id": 69907,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69907/?format=api",
    "text_counter": 235,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "that elevates the ICC above the Kenyan Judiciary and compromises the sovereignty of the Republic of Kenya. We are, indeed, aware of the circumstances that may have obtained around that time. However, under the Rome Statute, Article 17--- What is indicated in the Preamble, I think, Paragraph 10 recognizes that it is complementary to national criminal jurisdiction. Article 17 presupposes that matters that would be referred to the ICC would be basically in countries whose judicial systems have partially or totally collapsed. The same Article 17 presupposes that the Government is unable to apprehend any of the people it intends to prosecute and that it is in fact, unable even to question them or bring them to justice. Such a presumption does not obtain in Kenya as we are now. In fact, there were false fears that Kenya was sliding beyond what it was. Fortunately, Kenya is back on course. We have a new Constitution and it is possible to proceed. Article 3 and 4 of the same statute actually subordinates Kenya to the ICC process and gives the prosecutor roles that even subordinate the Attorney-General of the Republic of Kenya. In my view, this is unacceptable. The Kenya Constitution in Chapter One, Article 1, recognizes the sovereignty of the people of Kenya and they may exercise that sovereignty either directly or through elected representatives. As we are gathered here today, we are exercising that delegated responsibility of ensuring that the sovereignty of our people and our Republic is safeguarded. The African Union (AU) of which Kenya is a member, has advised and, in fact, recognized--- I want to quote President Kagame of Rwanda who in one of the recent meetings questioned the fairness of the ICC and said that it targets Africa and other developing countries. He said that it does not dispense justice equitably on a global basis. In fact, on 16th May, 2002, the Bush Administration notified the then UN Secretary- General, Dr. Kofi Annan, that the USA was withdrawing from the ICC. It is interesting to note the reasons the Americans advanced. Strangely, they are similar to the ones that are obtaining in our situation. The USA withdrew. I want to advise the young men in the USA now to listen to the older generation of American leaders. In making the decision to withdraw from the ICC, the USA did not want to subject its servicemen and officials to a court that is not accountable to the people of America and has no obligation to respect the constitutional rights of its citizens."
}