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{
    "id": 693907,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/693907/?format=api",
    "text_counter": 38,
    "type": "speech",
    "speaker_name": "Mr. Peter Wanyama",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, thank you very much. I will proceed with the Governor’s defence. The bottom line in these proceedings is that it is important to underline the fact that the burden of proof is on the County Assembly to prove these allegations. It is not the Governor to prove his fault If you look at the material placed before this Senate, there is no evidence whatsoever. The weight of the evidence submitted is very weak. On the face value of this evidence, it is our presentation that even without looking at any other issues including our defense, this impeachment charges should be found to have been unsubstantiated. Why do I say this? I say so because Standing Order No.1 of the Nyeri County Assembly, which is similar to Standing Order No.1 of this House, provides that whenever an issue is not very clear or expressly provided in the Standing Orders. The Speaker of the County is required to make a ruling. That ruling is supposed to be informed by the traditions of the Constitution and legislation, and in the case of the County Assembly, practice at the National Assembly and the Senate, in this case, Parliament. If it is not very clear, in accordance with traditions in other parliaments in the Commonwealth. There is an issue which we think is very material to the impeachment proceedings. That is, on the right of the Governor to be represented by counsel. We have raised it as part of our response: The right of the Governor to be represented by the counsel at the County Assembly level. Indeed, I confirm that the Governor was summoned to appear before the County Assembly. I confirm that that letter is the one that was read by the County Assembly yesterday and is in our bundle. However, the issue here is not about the Governor appearing but about the Governor electing to be represented by counsel. So, that is really the issue that we are looking at here. Our position is fortified by a legal framework known as the Fair Administrative Action Act which we cannot really create exception from. We have no option but to comply. The Fair Administrative Action Act provides the framework for according everyone some semblance of justice. I will quote Section 4 and 5 of the provisions of the Fair Administrative Action Act but first of all, this is a legislation that applies to both judicial and"
}