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{
"id": 1392011,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392011/?format=api",
"text_counter": 228,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " So, can it be circulated? Clerk, that is a document from the Senate. So, can the copies be done and circulated. According to Counsel, it emanated from the Senate."
},
{
"id": 1392012,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392012/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "The Counsel for the Deputy Governor",
"speaker": null,
"content": " Yes, Mr. Speaker, Sir. It emanated from the Senate and it is a letter directly responding to the letter from the County Assembly, forwarding the material that was used to impeach the Deputy Governor. Hon. Members, Rule 20 says that the case of the County Assembly shall not change in terms of evidence and shall not change in terms of allegations and will be limited to what the County Assembly Speaker communicated to the Speaker of the Senate. That is the scope of the law under Rule 20. Now, the letter from the Senate, which is a response notifying us to come and defend ourselves, immediately changes what the Speaker from the County Assembly had done and introduces new evidence which begs the question; who intervened and introduced new evidence? One of them is the letter from Mr. Ndegwa which is at page 335. In that letter, we are being asked for a fair copy of the affidavit of Mr. Dennis Misati. Hon. Members, I am looking at Paragraph three. It says, a fair copy of the affidavit of Mr. Dennis Misati, a flash disk containing video clips emanating from public participation, including the one I told you about Masimba. 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": 1392013,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392013/?format=api",
"text_counter": 230,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "The Counsel for the Deputy Governor",
"speaker": null,
"content": "Three, an affidavit of Orenge Ayienda, saying I was manipulated on a land sale agreement and two crucial protected witnesses. Mr. Speaker, Sir, the preliminary objection we are saying is, expunge everything that was not communicated to you by the Speaker of the County Assembly as prescribed by Rule No.20. Let the case be limited to the five counts plus what Mr. Benson says, and exclude everything else that was not part of it, which is what I have just referred to, being those in paragraphs 14, 22, 23, 24 and 25 of the letters from the Directorate of Legal Services. I would just want to close by saying this. If you constrained us to respond to some of these new things, including Mr. Haggai, the flash disk and all these, you will be taking away our constitutional rights under Articles 47 and 50 for a fair hearing. We are entitled to at least three days’ notice of the case we are supposed to face. We are seeing these things for the first time as we appear before you for purposes of defending ourselves. Mr. Speaker, Sir, I beg you to please allow me another 10 minutes for my colleagues to just say something very briefly in support of my preliminary objection and opening address. Very kindly, Mr. Speaker, Sir."
},
{
"id": 1392014,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392014/?format=api",
"text_counter": 231,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " I give you five minutes."
},
{
"id": 1392015,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392015/?format=api",
"text_counter": 232,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "The Counsel for the Deputy Governor",
"speaker": null,
"content": " Okay. I will ask Mr. Ochoki first, then my colleague. I hope, my friend Hon. Cherarkey will not mind."
},
{
"id": 1392016,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392016/?format=api",
"text_counter": 233,
"type": "speech",
"speaker_name": "Mr. Wilkins Ochoki",
"speaker_title": "The Counsel for the Deputy Governor",
"speaker": null,
"content": " Hon. Speaker and Members of the Senate, for the record, my name is Wilkins Ochoki, part of the team representing the Deputy Governor, Kisii County. Hon. Speaker, what is before this honourable House is not a Motion that meets the threshold that will send the Deputy Governor home. Allow me very respectfully to refer to this as nothing more like what we see in Chinese martial arts movies. It is all fiction. My senior, Mr. Katwa Kigen, has referred you to Standing Order No.88 of this honourable House, which pursuant to Standing Order 88, Rule No.20 of the Rules of Procedure for hearing and determination of the removal of either governor or deputy governor was created. That Rule, as my seniors have very well addressed you on, does not allow the County Assembly to bring in new evidence. Hon. Speaker, because of the time limit, allow me to just say that what the County Assembly is doing is nothing more than a fishing expedition. The HANSARD is clear that upon the Speaker of the County Assembly being asked whether the public participation documents were going to be used in the proceedings of the County Assembly, he was clear that there was nothing at all that was being used. Now, you are being told that there are video clips and witness statements that were not there that have been brought. Hon. Speaker, I respectfully submit that the same ought to be disregarded. Mr. Speaker, Sir, there was an application by my learned brothers that you expunge part of the affidavit of the Hon. Deputy Governor. You will notice that from precedent, this House has allowed governors and deputy governors who did not defend themselves in the county assemblies, to come here and defend themselves. 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": 1392017,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392017/?format=api",
"text_counter": 234,
"type": "speech",
"speaker_name": "Mr. Wilkins Ochoki",
"speaker_title": "The Counsel for the Deputy Governor",
"speaker": null,
"content": "In any case, the House needs to know the genesis of the problems in Kisii County. What exactly is on trial? It is not common that the honorable Members of the County Assembly (MCAs) can wake up one morning and determine that a deputy governor who was elected should just go home. What we want to bring out is the genesis of the problem. Very briefly, allow me just address preliminary point two within a minute, because my senior, Mr. Katwa Kigen, has addressed one. Hon. Speaker, you noticed, and the Hon. Deputy Governor agrees that Article 181 of the Constitution, Section 33 of the County Governments Act and Standing Orders No.s60 to 64 of the Kisii County Assembly Standing Orders, allow for the impeachment of a Governor and a Deputy Governor. However, some timelines are provided. You will notice that in the County Assembly of Kisii--- I refer the hon. House to page five of the documents titled “DG”. You will notice that at page five of the bundle, there is a document titled notice of Motion that is dated 13th February, 2024. That document was the Motion that was brought to the House by the Hon. Wickliffe Siocha. Somehow, it mutated and by the time it was being brought again to the House on 21st February, we now had another document, which starts at page six of that document titled DG. You will get that the Deputy Governor was defending himself on two documents dated two different dates. Even then, based on the document on page five that was received in the County Assembly on 13th February, Standing Order 60-64 provides that the Motion ought to have been heard within 10 days. Whereas we do not want to bring out substantial procedural issues in this House, but you will consider and look at the timelines within which the county assembly sat and you will notice that they sat and determined that Motion beyond the 10 days that is provided for in the Senate. We will explain and you will notice that this is beyond the character of the DG. This is all politics. It is all about the hard and tough questions that the DG is asking. That, we promised to deliver to the people of Kisii County and we are not delivering. Upon asking those very simple questions, he is now being brought to you and you are being told to send him home. Thank you, Mr. Speaker, Sir. Allow us very kindly, because I believe I did not take a lot of time, to bring in Hon. Osoro, our colleague, to take only two minutes to finish up and give a final brief on our opening remarks."
},
{
"id": 1392018,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392018/?format=api",
"text_counter": 235,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "POINT OF ORDER"
},
{
"id": 1392019,
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"text_counter": 236,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "APPEARANCE OF HON. SILVANUS OSORO AS LEAD COUNSEL FOR THE DEPUTY GOVERNOR"
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"id": 1392020,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1392020/?format=api",
"text_counter": 237,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Cherarkey, what is your intervention?"
}
]
}