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{
"id": 1391911,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391911/?format=api",
"text_counter": 128,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " What is the issue, Senator for Nandi?"
},
{
"id": 1391912,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391912/?format=api",
"text_counter": 129,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "Mr. Speaker, Sir, I had indicated earlier that I needed clarification under Article 71 of the Constitution and the impeachment procedure under the Standing Orders. I need your guidance and perhaps ruling. One of the lawyers representing the Deputy Governor of Kisii happens to be---"
},
{
"id": 1391913,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391913/?format=api",
"text_counter": 130,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Senator for Nandi, we will come to that. Counsel, proceed."
},
{
"id": 1391914,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391914/?format=api",
"text_counter": 131,
"type": "speech",
"speaker_name": "Mr. Ndegwa Njiru",
"speaker_title": "The Lead Counsel for the County Assembly",
"speaker": null,
"content": " Mr. Speaker, Sir, I hope hon. Senators are with me. I am on page eight, Paragraph 48 all the way to page 15, Paragraph 64. The paragraphs that I have highlighted contain material facts that do not relate to the proceedings before the Senate. Secondly, the paragraphs I have indicated mention or make reference to individuals who are not party to these proceedings."
},
{
"id": 1391915,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391915/?format=api",
"text_counter": 132,
"type": "speech",
"speaker_name": "Mr. Ndegwa Njiru",
"speaker_title": "The Lead Counsel for the County Assembly",
"speaker": null,
"content": "For example, a look at Paragraph 53 of the said document appearing on page nine makes reference to the Governor of Kisii County. Further to that, in Paragraph 61 on Page 13 of the document, the document makes reference to the spouse of the Governor of Kisii County. Equally, the pages refer to matters of budget. More so, paragraphs 56, 57, 58 all the way to Page 11. These are not matters that form part and parcel of these proceedings. The consequence of this pleading will only embarrass individuals who are not party to these proceedings. It will not just embarrass, but also deny them an opportunity to appear and be heard by this distinguished House. We all understand that in strike law, the doctrines of natural justice granting a party an opportunity to be heard is one of the principles elucidated under Article 50 of the Constitution. As such, in the aforementioned paragraphs, it is our humble prayer that the same should be expunged from the record as they do not form part and parcel of allegations contained in the charges read to the Deputy Governor. Mr. Speaker, Sir, as I sum up and invite my learned friend, Mr. Mutuma for supplementary submissions, permit me to lead the House to page 12 of the document in paragraph (f), just to indicate the irrelevance of the evidence contained. It refers to the members of the Judicial Service Commission (JSC). The allegations are that the JSC; I may read in verbatim. It says- “That the effect of conducting county affairs and files at the personal residence is that, the governor's wife attends meetings, makes inputs to official county matters, and serves as both protocol officers and deputy governor, inter alia, the JSC.” In determining the relevance of these averments contained in the foresaid paragraphs, we invite the Senate to interrogate the purpose and objective of such kind of averments and whether or not they inform the charge. 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": 1391916,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391916/?format=api",
"text_counter": 133,
"type": "speech",
"speaker_name": "Mr. Ndegwa Njiru",
"speaker_title": "The Lead Counsel for the County Assembly",
"speaker": null,
"content": "Finally, Mr. Speaker, Sir, permit me to guide the House to page 15 at paragraph 64. Again, it makes references to individuals not before this Assembly and video clips and photos that did not form part and parcel of the evidence at the County Assembly. Suffice to note, that during the proceedings at the County Assembly, the Deputy Governor appeared before the County Assembly and filed his response dated 29th February. These video clips have no relevance to the proceedings. I am aware that it may prejudice the Senators' determination as to the relevance of these video clips because they have not yet been played. We had the opportunity of reviewing and analyzing them. We made an opinion to which we invite the hon. Senators to hold that they have no relevance. It may perhaps be important for those video clips to be played for the Senators to determine their relevance when determining to expunge the said paragraphs. Mr. Speaker, Sir, with your permission, permit me to invite, Mr. Mutuma, for further submissions."
},
{
"id": 1391917,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391917/?format=api",
"text_counter": 134,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": " Thank you, Mr. Speaker, Sir. For record purposes, my name is Elias Mutuma, part of the legal team representing the County Assembly of Kisii. I want to make additional submissions in addition to the relevant materials before this House. Mr. Speaker, Sir, you will note that the charges as read by the House to the Hon. Deputy Governor, contain four charges. These are very specific charges that have been read and the Deputy Governor has been able to respond that he is not guilty of the four charges. It is the four charges that were prosecuted by the County Assembly of Kisii and that the Hon. Deputy Governor responded to. Additionally, it is the four charges that this House has been invited to make a determination on. Those charges are contained on page 15 and page 21 of the County Assembly's bundle of documents. The same are; if I may read, page 15. Page 15 contains the Motion. On page 16, we have the first charge of Gross Violation of the Constitution or any other law. Charge number two is contained on pages 18, which is Abuse of Office. Charge number three, is contained on page 20 - Crimes under National Law and the last one is contained as Gross Misconduct on the same page."
},
{
"id": 1391918,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391918/?format=api",
"text_counter": 135,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": "Mr. Speaker, Sir, in response to those charges, the Hon. Deputy Governor of Kisii, responded through a response that has been filed in this Senate. He has introduced a raft of other charges that he has created for himself and made a response to them."
},
{
"id": 1391919,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391919/?format=api",
"text_counter": 136,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": "Those responses are the following-"
},
{
"id": 1391920,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391920/?format=api",
"text_counter": 137,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": "Mr. Speaker, Sir, if you look at the Deputy Governor’s response, the one my learned friend has referred to as from page eight, the Deputy Governor creates new charges that were not part of the County Assembly’s charges. Mr. Speaker, Sir, one of those charges is incompetence, budget absorption, budget variation, use of senior staff, mortgage provision, use of personal home for county functions and files and documents, not working with other leaders, use of unofficial personnel on county matters and he proceeds to make a defence on those charges. 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."
}
]
}