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{
    "id": 69984,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69984/?format=api",
    "text_counter": 312,
    "type": "speech",
    "speaker_name": "Ms. Karua",
    "speaker_title": "",
    "speaker": {
        "id": 166,
        "legal_name": "Martha Wangari Karua",
        "slug": "martha-karua"
    },
    "content": "Mr. Deputy Speaker, Sir, I want to agree with the Minister for Justice, National Cohesion and Constitutional Affairs that until the Constitution is amended this Motion should not be entertained. I rely on Article 6 of the Constitution. I do not have to contribute on the basis of the popularity of what I say. I contribute from the conviction that I carry. Article 2(6) states:- “Any treaty or convention ratified by Kenya shall form part of the laws of Kenya under this Constitution”. This means that that convention, or law, that is ratified acquires the force of the Constitution. This is very much the same way the National Accord, which was just a Bill that we passed here, acquired the force of the Constitution; we passed a Constitutional Act here. We make and unmake them. We can unmake this law. The procedure is to seek an amendment of Article 2(5) and (6) of this Constitution, and then we can get to the conclusion we want. Let us be people who can follow the rules that we make. If we want to unmake this law, and that is the mood of the House, let us go through the right procedure. I want to remind the House that if, indeed, the Hague is seen as a misfortune, we are the authors of our own misfortune. I shouted myself hoarse at the Dispatch Box before this House, pleading that we agree to form a local tribunal. The House was not only hostile to the debate, but the Benches were left empty. I was left saying we are paid to sit in the House, not to walk out, so, that even where you disagree you disagree while seated in the House. Let us remember that. Remember we asked for the Hague, believing it was a dream but it is here. Mr. Deputy Speaker, Sir, one other thing I want to say is about the due process. The due process is not a process of condemnation. It has two sides. Instead of living with a cloud of an allegation against you, when you are innocent, the due process clears you, and the world knows that you did not do what is alleged. But if you are guilty, you are most likely convicted. Let us respect due process. Even if we withdrew from the Rome Statute, and we can if that is our wish as a nation, we would still have courts of law, unless we are saying that any day one of us is charged in court we then abolish the judicial system. If I am charged in the High Court, we now pass a Bill abolishing the High Court. If I am charged in a magistrate’s court, we abolish the magistrate’s court. We are called upon to act responsibly as members of this House, remembering that we carry the nation today and tomorrow. The foundation we lay today is the foundation that will stand us in good stead tomorrow. I want to say that even after the ICC does its job, we will have a greater responsibility in this country. We should be starting immediately on the reform of our Judiciary."
}