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{
    "id": 70323,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/70323/?format=api",
    "text_counter": 323,
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    "speaker": null,
    "content": "period. I want to assure the House that measures have already been taken to ensure that lives are not threatened and that business activities around the country are not disrupted as a result of the ICC issue. On Dr. Nuh’s clarification whether you have the process at the ICC or locally here, you cannot have a dual process; that, one is proceeding at the ICC and another one is proceeding locally here. That is what the lawyers call double jeopardy; that, somebody being tried twice for the same offence. That is why there is that provision for referral to a local jurisdiction once capacity has been established. Mr. Oyongo Nyamweya has asked about the time frame. There is a process that must be initiated. First, is the judicial reforms and certain appointments must be undertaken. We must show that we have the capacity for carrying out investigations and so on. So, it is not just a question of passing a law in this House. We need a little time but our estimation is that we can be able to initiate this process before April when the ICC is likely to move to the next phase. With determination, it can be done. Mr. Temporary Deputy Speaker, Sir, Mr. Ruto is looking at the wrong Article of the ICC. It cannot be found in the preamble. Article 17 is about issues of admissibility. This is because we are dealing now with a fait acompli . You are already in the ICC. How do you get out of it? It is not a question of whether you deserve to be there or not. You are there not by invitation of the ICC but you took yourself there. You said that you did not have the capacity and that you had no confidence in the local judiciary; that it was very corrupt and compromised. That is why Mr. Ruto voted for Hague and said; “Do not be vague, say Hague”. So, he is the one who took us there. Mr. Deputy Speaker, Sir, the Article that Mr. Ruto needs to look at is Article 19 which states that the court shall satisfy itself that it has jurisdiction in any case brought before it. The court may on its own determine the admissibility of a case in accordance with Article 17 that can be brought before it. Like this case was taken to the ICC by the Government of Kenya. Number two says that the challenges to the admissibility of a case on the grounds referred to in Article 17 or challenges to the jurisdiction of the court may be by:- (a) An accused or a person for whom a warrant of arrest or summons to appear has been issued under Article 15. (b) A State which has jurisdiction of a case on the ground that it is investigating or prosecuting the case or has investigated or prosecuted the case. Mr. Deputy Speaker, Sir, this is the relevant article that we can go to the ICC and state that we are prosecuting the case or we have investigated and we are prosecuting. That is how to exit. So, we are not talking about exit. This is because once you are there, you cannot just say; “I am walking out” by voting in Parliament that you are pulling out of the ICC. That will not terminate the cases which are already before the ICC, if that is what you intend to do. Let us do this thing in a civilized way which will help this country and maintain the credibility and dignity of this country and also help the accused persons. This is the only way forward. Let us not play to the gallery than helping the people and the case."
}