1 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I think the issues that my colleagues have raised in the House are quite weighty. I hope they will be patient enough with me to try and make clarifications. It is important that we look at the issue of Sudan vis-a-viz the ICC statute, vis-a-
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1 Dec 2011 in National Assembly:
the court ruling in Nairobi. First of all, our regional issues are actually peculiar. The reason why these issues are peculiar is because the Rome Statute states very clearly that it is critical when we are trying to interpret this statute to make sure that we understand that sometimes when the stability or the peace and security of a region is at stake, then there may be a necessity for certain issues to be dealt with differently. This is why it is critical that when we look at the issue of Sudan, we look at the issue of regional stability. ...
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1 Dec 2011 in National Assembly:
Lastly, the Ministry of Foreign Affairs and, indeed, the Kenya Government have taken the position saying that we are not dismissing the court ruling, all we are saying is that we are going to allow due process to take place so that if the ruling has come out, it is important that this ruling should actually have taken place not in a vacuum but understanding all the issues which are outstanding internationally---
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1 Dec 2011 in National Assembly:
Yes, it is alright.
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1 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, according to me, that information is actually obvious. My colleague Mr. Musila, it is true that hon. Bashir needs to stay out of our country but what we are dealing with is the fact that we have a Head of State and somebody has gone to court and sought an interpretation of whether---
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1 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, the comment that Mr. Musila made as far as I am concerned, I believe was his personal opinion. The Kenya Government’s position is that, Al-Bashir is an elected President of an African country, legitimately, who is a Head of State and who enjoys certain immunities and privileges. Even when he has been indicted at the ICC, he has not been convicted and, therefore, we must look at his conviction at the ICC as a matter which has not been resolved. Secondly, I would like to state this; the ICC statute makes an obvious recommendation that ...
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1 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, the South African and Ugandan positions as far as the Kenya Government is concerned, are positions which these countries have taken disregarding the position that the African Union and Inter-Governmental Authority on Development (IGAD) have taken. Secondly, I want to make it very clear; what we are saying is not that Al-Bashir cannot be arrested if he comes to Kenya. We are saying that he is not here. So as far as we are concerned, there was even no need for us to have the ruling coming from the court. He is not here!
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1 Dec 2011 in National Assembly:
Mr. Temporary Deputy Speaker, Sir, I take your wise word seriously. However, I will tell you that we have appealed to the matter. It has not conclusively been decided by the court as to whether that decision is legitimate or not.
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1 Dec 2011 in National Assembly:
Thank you, Mr. Temporary Deputy Speaker, Sir. The second point that I want to make is that there are certain critical issues that have to be interpreted by the courts all the way to the Supreme Court if need be. These issues are; does a Head of State---
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1 Dec 2011 in National Assembly:
Much obliged!
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