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"content": "(Prof. Saitoti): Mr. Speaker, Sir, let me clear that bit, for the comfort of hon. Waititu. It is, indeed, true that sometime back, I cannot remember exactly when, hon. Waititu presented a document to me. He wanted to know whether, at all, I knew anything about it. I told him that it was the first time that I was seeing the document. I also told him that I would do a search to establish whether the document was authentic or not. I can inform this House as follows. I liaised with my colleague, the Minister for Foreign Affairs, and he requested the Kenya representative to the United Nations to ascertain whether there was such a document. Mr. Speaker, Sir, this is the position. We were told by the Ambassador that such a document was prepared by the United Nations and kept under an embargo. It was not circulated and never sent to the ICC. Therefore, that document is not a report of the ICC. The information in our possession is that after the violence in this country, the ICC requested several bodies and organizations working here by then, to give them any report they may have prepared during that time. Those are the facts. I will now proceed with other clarifications which have been sought by hon. Members. Dr. Khalwale talked about the minutes of the Pentagon. I want to make it quite clear that we produced what we were requested by the ICC. We were not requested to send them the minutes of the Pentagon. However, if, indeed, a request is made, we will look for them and send them, if they are there. If they are not there, we will tell them so. Another question that was raised was whether members of the several security committees at the various levels would co-operate with the ICC to give evidence. Such a request has not been conveyed to us. There will be no reason for us not to give evidence if required. So, it is presumptuous now to start believing that some people will fail to turn up or co-operate with the ICC. That is a strange anticipation. The allegation that the Provincial Commissioners (PCs) and the Provincial Police Officers (PPOs) are being sacrificed is not true. I want to inform the House that there is no such sacrifice of the officials. The Government has got no such intention. Much more important, when the ICC made a request to interview them, they stated that they also wanted to exercise their right as it is enshrined in the Constitution and requested to be accompanied by their lawyers. We never told them that they could not be accompanied by their lawyers because we know very well that, that is their right. Secondly, even when they are accompanied by their legal counsels, they also made it very clear that they were not going to give evidence unless they did so before a judge of the High Court. We did not deny them that right. Thirdly, even in the appointment of the judge, the Attorney-General had consultations with the Chief Justice. As I said in my Statement, already a judge of the High Court has been appointed in accordance with the law. However, certain rules and regulations need to be set out. I have informed this House that the Cabinet Sub-Committee that I chair has gone through the various drafts of those rules and we finalized them this morning. It is my hope that I will gazette them by Friday. Mr. Speaker, Sir, the other issue was raised by hon. Mungatana that there are allegations that prominent Kenyans are suspects. I am not in a position to answer that allegation because the ICC has kept that information jealously confidential to themselves. So, I cannot, therefore, be in a position to make a speculation. I do not want to do so. Indeed, hon. Khalwale went on to say that some of my colleagues are likely to be possible guests of the ICC. Well, I do not know. The other thing is that, perhaps, the Kenya Government will fail to honour the warrant of arrest for those who will be indicted to go to the Hague. That is speculation. It will be remembered that when the Chief Prosecutor of the ICC first came to this country and met the two Principals, namely, His Excellency the President Mwai Kibaki and the Right Hon. Prime Minister, Raila Odinga, they made it abundantly clear that the Government will co-operate with the ICC. They did not do so in private. They actually stated that publicly, not only for the Kenyans to hear, but also for the international community."
}