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"id": 695135,
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"type": "speech",
"speaker_name": "Mr. Peter Wanyama",
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"content": "My apology, Mr. Deputy Speaker, Sir. Having found that the impeachment charges did not meet threshold, the Senate proceeded to dismiss and find those charges unsubstantiated. We urge that on the question of burden of proof alone and the issue of procedural fairness, you make a similar finding that these charges are not substantiated. The threshold which has been laid down in Article 181 of the Constitution is a high a threshold, which the Senate in its decision concerning the impeachment of Governor of Kericho confirmed. For a governor to be removed from office, the allegations must be extremely serious. That is why the Constitution expressly uses the words ‘gross violation of the Constitution’. There must be evidence brought before this House to demonstrate the act of ‘gross violation,’ which has been directly attributed to the governor. There must be gross violation of the law. After the county assembly has uttered the word ‘gross’ they will ultimately confine themselves ‘a violation.’ It is our submission that if you find that there is a violation of any legislation or a section of the Constitution, then from the evidence adduced that violation is not gross at all. ‘Gross’ has been defined as something serious. If the governor had directed the expenditure of public resources, contrary to the provisions of public finance, then that would amount to be gross; your face-type of allegations that are extremely overt and done in unashamed manner. Our submission is that if you examine the allegations based on the issue of threshold, the only conclusion you can get is that these are usual and normal operational challenges in the County Government of Nyeri, which the Auditor-General confirmed today in his submissions. It is normal to find some of these operational challenges whenever you go to a county government. There are mechanisms in legislation to provide for how to deal with these operational challenges. These operational challenges principally arise because even though the governor is the chief The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}