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{
    "id": 70234,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/70234/?format=api",
    "text_counter": 234,
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    "content": "shall not be confirmed. If, on the other hand, the charges are confirmed, they shall be referred to the Trial Chamber for prosecution. The six persons named in the application will be classified as under investigations only if summons are issued. As at today, what has been investigated is the situation in Kenya in which one or more crimes within the jurisdiction of the ICC appear to have been committed. Those amongst the six persons who hold public office may, therefore, continue to hold such offices until and unless summons are issued. Article 66 of the Rome Statute provides as follows:- (i) Anyone shall be presumed innocent until proven guilty before the court in accordance with the applicable law. (ii) The onus is on the Prosecutor to prove the guilt of the accused. (iii) In order to convict the accused, the court must be convinced of the guilt of the accused beyond reasonable doubt. The Prosecutor of the ICC is under the supervisory authority of the court at all stages of the process, including prior to the grant of the authority to investigate. The Prosecutor’s role under the authority granted by the court was to investigate the situation in Kenya in order to determine whether or not crimes within the jurisdiction of the ICC may have been committed without directing any accusations against any particular person. For the first time, the court will consider and determine whether there are reasonable grounds on which to summon any person on the basis of the evidence which, until yesterday, was not in the custody of the court. Going forward, we have, as a nation, the following options in order of priority. (i) Under Article 17 and 19(2) of the Rome Statute, to establish a credible local process for the investigations and prosecution of the six persons. This will entail genuine willingness and ability to carry out credible investigations and prosecutions before a special tribunal or a reformed Kenyan Judiciary. The ICC will have to review and be convinced that the local process is credible before they cede jurisdiction. (ii) Option two is that under Article 16 of the Rome Statute, we can seek a Resolution of the UN Security Council under Chapter 6 of the Charter of United Nations, deferring prosecutions of the six persons for a period of 12 months. This option is only available if the circumstances or situations contemplated under Chapter 7 with regard to threats or breaches of peace and acts of aggression apply. Mr. Deputy Speaker, Sir, I would like to table the UN Charter."
}