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{
    "id": 83249,
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    "speaker": null,
    "content": "(Prof. Saitoti): Mr. Speaker, Sir, if you allow me, I will deal with these clarifications from the bottom. I would, therefore, like to address the clarification sought by hon. Kigen. He would like to know why we should not give out the minutes the way they are. Let me put it this way. The initial letter that came to us, as a sub-committee, from the ICC asked us to give to them all minutes, which, of course, had been stated. However, after reading carefully the International Crimes Act, which I referred to, I realized that there was a provision that when the ICC requests some information, the State has a right to ensure that its own national security is not endangered. The provision made further to that one is that we do not just, indeed, merely say that security will be jeopardised. We have to ensure that this matter is looked at by the Government. The security meetings that were held before and during the time of the violence, and even thereafter, were not entirely devoted to the violence. There were many other things that were happening. We have to ensure that those other issues that are not relevant to the ICC investigations are not divulged because that would cause us more problems. That is the issue here. Incidentally, that is the tradition in all states. There are certain matters which are privileged; privileged in the sense that they have nothing to do with the ICC. The ones which have to do with the ICC investigations will be handed over to them. We are in the process of compiling them. Hon. Waititu made a statement while seeking a clarification. He said that he was of the view that the ICC may not be doing justice to Kenyans. He said that those who were calling for mass action are not contained in the ICC Report. I do not know what Report he is referring to; it would be very important if this matter were clarified."
}