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{
"id": 1388681,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388681/?format=api",
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Order, Hon. Senators, welcome back. Clerk, kindly, proceed to call the first Order."
},
{
"id": 1388682,
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"speaker": null,
"content": "CONSIDERED RULING"
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{
"id": 1388683,
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"text_counter": 24,
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"content": "PRELIMINARY OBJECTIONS IN THE PROPOSED REMOVAL FROM OFFICE OF THE DEPUTY GOVERNOR OF KISII COUNTY Hon. Senators, ladies and gentlemen, in the morning sitting today, Wednesday, 13th March, 2024-"
},
{
"id": 1388684,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388684/?format=api",
"text_counter": 25,
"type": "scene",
"speaker_name": "",
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"speaker": null,
"content": "(Sen. Miraj consulted loudly)"
},
{
"id": 1388685,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388685/?format=api",
"text_counter": 26,
"type": "other",
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"speaker": null,
"content": "Sen. Miraj, I want to be heard in silence. In the course of the opening statements of the parties in the matter of the proposed removal from office, by impeachment, of Hon. (Dr.) Robert Onsare Monda, the Deputy Governor of Kisii County, a number of preliminary issues arose. For the County Assembly, the Counsel raised the following matters- (a) A request pursuant to Rule 10 of the Rules of Procedure when considering the proposed removal of a governor in plenary as contained in the Third Schedule to the Senate Standing Orders. (i) That Mr. David Haggai Oyagi, the Acting Director of Enforcement and Compliance County Government of Kisii, be summoned to appear and give evidence before the Senate, in particular to produce his letter of appointment and confirm if the persons who are said to be working in the Deputy Governor’s home are officials in the county. (ii) A preliminary objection to certain paragraphs contained in the bundle of documents submitted by the Deputy Governor and a request that they be expunged from the record on the ground that they are irrelevant to the current proceedings as they are in an answer to allegations or charges that were not made by the county assembly. Hon. Senators, for the Deputy Governor, a preliminary objection was raised on the basis of Rule 20 to certain paragraphs contained in the bundle of documents of the county assembly, on the basis that these paragraphs, among them, paragraphs 14,22,23,24 and 25, were introducing new evidence and were not permissible."
},
{
"id": 1388686,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388686/?format=api",
"text_counter": 27,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1388687,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388687/?format=api",
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"content": "The counsel for the Deputy Governor urged that everything not communicated with the County Assembly, in its transmittal letter dated 1st March, 2024, be expunged from the record. Counsel for the Deputy Governor also objected to the summoning of Mr. Haggai Oyagi as this would violate the Deputy Governor’s right to a fair hearing as enshrined in Article 50 of the Constitution. The Defense of the Deputy Governor also raised a preliminary objection to the effect that the impeachment proceedings at the county assembly were conducted outside the timelines provided for in the County Governments Act and Standing Orders of Kisii County Assembly and were therefore fatally incompetent. Hon. Senators, ladies and gentlemen, the final matter which arose and which this ruling will address was the matter of the appearance in the defense team of the Deputy Governor of Hon. Sylvanus Osoro, a Member of Parliament (MP) serving in the National Assembly, who is also the Majority Whip. Rule 30 of the Rules of Procedure when considering the proposed removal of a governor in plenary as contained in the Third Schedule to the Senate Standing Orders provides as follows-"
},
{
"id": 1388688,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388688/?format=api",
"text_counter": 29,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "“Where particular question or matter including but not limited to questions of evidence, materiality, relevance, competence or admissibility of evidence and any questions consequential or incidental thereto, no provision has been made in the Standing Orders or in these Rules, the Speaker of the Senate shall rule on the question or matter and the ruling of the Speaker shall be final.” As rightfully pointed out by Sen. Sifuna, Rule 30 applies in circumstances where no provision has been made in the Standing Orders or these Rules. Where the Standing Orders and the Rules make provisions, naturally those provisions apply. Hon. Senators, ladies and gentlemen, as you will be aware the timelines provided for the disposal of these impeachment proceedings are tight. As you are also aware, the Senate while conducting the impeachment process is sitting as a tribunal in a quasi-judicial capacity. Article 159(2) of the Constitution requires that in exercising judicial authority, courts and tribunals be guided by certain principles, among them that justice be administered without undue delay or undue regard to procedural technicalities. It also requires that the purposes and principles of the Constitution be protected and promoted. Additionally, the Constitution under Article 259 requires interpretation of the Constitution that promotes its purpose, values and principles, that advances the rule of law and contributes to good governance. Hon. Senators, applying the Constitution, the County Governments Act, the Senate Standing Orders and the applicable rules, I rule as follows on the matters raised- (1) On the request for the summoning of Mr. David Haggai Oyagi, the Acting Director of Enforcement and Compliance County Government of Kisii pursuant to Rule 10, the same is permissible and is hereby allowed. With the caveat under Rule 20, that his evidence can only relate to the charges that were the basis of impeachment as read to the Deputy Governor. This is in recognition of the right to a fair trial that the Deputy Governor enjoys under Article 50 of the Constitution."
},
{
"id": 1388689,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388689/?format=api",
"text_counter": 30,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1388690,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1388690/?format=api",
"text_counter": 31,
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"speaker": null,
"content": "Directions are hereby given to the Office of the Clerk to immediately issue summons and facilitate the appearance of Mr. Oyagi in the Senate tomorrow, Thursday, 14th March, 2024 at 2.00 p.m. The necessary adjustment to the proceedings shall be made to facilitate this. (2) On the Preliminary objection to certain paragraphs contained in the bundle of documents submitted by the Deputy Governor and the request that they be expunged from the record on the grounds they are irrelevant to the current proceedings as they are in answer to allegations or charges that were not made by the county assembly, the same be disallowed as no prejudice to the County Assembly has been shown. The Senate is competent enough and will make a determination on the relevance of any evidence adduced before it. (3) For similar reasons, the preliminary objections raised on behalf of the Deputy Governor that certain paragraphs in the bundle of the documents with the County Assembly be expunged on the ground they introduce new evidence is disallowed on the basis that the objection of necessity requires evidence to be adduced and its support or rebutted. This can best be achieved in the course of the hearing. I therefore rule that this objection be subsumed and taken up by the defence in the course of the presentation of the case of the Deputy Governor. On the objection of counsel of the Deputy Governor, that the proceedings at the County Assembly were conducted outside of the timelines provided for in the County Governments Act and the Standing Order of Kisii County Assembly, we are therefore fatally incompetent- I also rule that this is a matter of fact requiring the adducing of evidence. It will best be determined by hearing both parties and entertaining evidence that they have in respect thereof. This preliminary objection is accordingly disallowed at this stage. Finally, there is the matter of the appearance for the Deputy Governor by Hon. Silvanus Osoro, MP, serving in the National Assembly and who is also the Majority Whip in the National Assembly. It is recognized and provided for in Standing Order No.80(3) of the Senate Standing Orders that the Governor has a right to appear and be represented before the Senate or a Special Committee. This right is recognized under Article 50 of the Constitution. It is not in dispute that Hon. Osoro is an MP and a State officer in terms of Article 260 of the Constitution of Kenya 2010 Pursuant to Article 75(1) of the Constitution-"
}
]
}