Abdikadir Mohammed was elected MP for the Mandera Central Constituency in 2007. A Harvard Law School graduate, he heads the Parliamentary Select Committee on Constitutional Reform
11 Dec 2008 in National Assembly:
THAT Clause 7 be amended in Subclause (1), by-
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11 Dec 2008 in National Assembly:
(a) inserting a new paragraph immediately after paragraph (e) as follows-
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11 Dec 2008 in National Assembly:
(f) Article 27 (which relates to irrelevance of official capacity);
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11 Dec 2008 in National Assembly:
(b) renumbering paragraphs (f) to (k) as (g) to (l) respectively.
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11 Dec 2008 in National Assembly:
Mr. Temporary Deputy Chairman, Sir, this is a controversial proposal and I wish to point out why. That Article deals with the irrelevance of official capacity as far as international crimes are concerned. Our Constitution in Section 14 states:-
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11 Dec 2008 in National Assembly:
"No criminal proceedings whatsoever shall be instituted or continued against the President while he holds office or against any person while he is exercising the functions of the Office of the President".
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11 Dec 2008 in National Assembly:
Essentially what Article 27 says is that as far as genocide or international crimes or crimes against humanity are concerned, the function that the accused is holding is irrelevant. Now, on the face of it, what the amendment is proposing might look unconstitutional but we wish to persuade the House that the spirit of our Constitution does not envisage a situation where the President or any high ranking officer of this Government is guilty of genocide or crimes against humanity and is being shielded therefrom. Moreover, the Rome Statute itself, which we have already accepted as part of our law ...
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11 Dec 2008 in National Assembly:
So, as far as the international law is concerned, irrespective of what we say in our Constitution, provided there is a situation of genocide, that defence of non-liability will not stand. So, our proposal is to persuade that the spirit of our Constitution allows for this amendment.
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