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{
    "id": 69946,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69946/?format=api",
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    "content": "I am glad because hon. Members are ululating that because it is a fundamental provision. I want hon. Members to keep in mind the observation that the Rome Statute is a schedule to the International Crimes Act. Section 46 says; “Subject to this Constitution, the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly.” Mr. Deputy Speaker, Sir, Mr. Mungatana could not be more right that you cannot attempt to address the International Crimes Act by way of a notice of Motion. Above all, you cannot approach it by way of a Motion in which you are colliding and collapsing it into the Rome Statute. This is a shame. Having said that, allow me now to look at Article 2 so that I can demonstrate the point that I wish to make. I am making this very soberly so that the country can understand what it is. I understand the reasons behind this Motion. I understand the emotions, the fears and the doubts but I have been in this House with you Mr. Deputy Speaker when we asked this country to accept a local judicial mechanism and we were denied. In fact, the Mover of this Motion was one of the hottest opponents of that process. Therefore, two wrongs do not make a right. Article 2 is on page 13 of the Constitution. I would request the Clerks-at-the-Table to make it available to you. I will merely demonstrate this and then give you some facts, so that you can decide whether I am in order in suggesting that even for stronger reasons, hon. Mungatana, is right. Mr. Deputy Speaker, Sir, Article 2(6) says:- “Any Treaty or convention ratified by Kenya, except the Rome Statute, shall form part of the law of Kenya under this Constitution”. Mr. Deputy Speaker, Sir, in order for this Motion to even attempt to see the daylight, we must find a method of excepting the Rome Statute to Article 2(6), so that we know that Kenya is saying that the Rome Statute is one Treaty that does not apply to the Constitution we gave our country. Allow me to go back to page 13. If you look at the heading of Article 2, and I want to salute hon. Mungatana, it is “Supremacy of this Constitution”. Let me take you to page 164, so that you can make this decision. It is a very important decision. This is because, for the first time, last night for me was a dark day in my career as a lawyer. I never expected to see Kenyans being subjected to a judicial process outside our boundaries. However, that does not mean that as a lawyer, I must also retreat into"
}