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{
"id": 1407271,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407271/?format=api",
"text_counter": 195,
"type": "speech",
"speaker_name": "Central Imenti, UDA",
"speaker_title": "Hon. Moses Kirima",
"speaker": null,
"content": " Thank you, Hon. Speaker for the opportunity to contribute to this very important Motion that pertains to the impeachment of the Cabinet Minister. At the onset, I stand here to oppose this Motion. It does not meet the necessary threshold, all ingredients and the requirements required to impeach a Cabinet Secretary. When it comes to a ministry, it is very clear that the purpose of a Cabinet Secretary is to articulate policies. As it is, the question before this House tests the integrity, reasoning and logic in the issues before this House. The Constitution of Kenya bestows the powers of the High Court on this House. The powers of this House are those of the High Court. Article 125 of the Constitution clearly states that a Committee with the responsibility to investigate fertiliser issues has the power to summon witnesses and give verdicts. This has been done. We are just waiting for the Committee’s verdict to know who is culpable for the actions that led to the suffering of farmers. Impeaching the Cabinet Secretary does not allow the Committee to conclude its investigations as it should. It is high time this House considers that the sub judice rule is applicable in this House as it applies in all other case laws. What we are going to decide today will influence the Committee’s decision. Impeaching the Cabinet Secretary will squarely influence the decision of the Committee because Members of Committees are part of this House. The Mover of the Motion has just given general issues and generalities to this House. No provision has specifically been pinned against the Cabinet Secretary. General issues have been raised but one question that has come out from every contributor to this Motion is very clear. It is to do with the Cabinet Secretary not being the procurement officer. He has nothing to do with the distribution of fertiliser. He also has nothing to do with the manufacture of fertiliser. He is just there for policy issues. Ther is no law anywhere that says the Cabinet Secretary should carry vicarious liability for actions of his officers. Each person must carry his cross. The House owns a matter coming before it and referred to a Departmental Committee."
},
{
"id": 1407272,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407272/?format=api",
"text_counter": 196,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Loud consultations)"
},
{
"id": 1407273,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407273/?format=api",
"text_counter": 197,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Order, Hon. Members."
},
{
"id": 1407274,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407274/?format=api",
"text_counter": 198,
"type": "speech",
"speaker_name": "Central Imenti, UDA",
"speaker_title": "Hon. Moses Kirima",
"speaker": null,
"content": " Hon. Speaker, I need some protection. There is a lot of noise in the House to make sure I am not heard. It is going to The Hansard only. I am not being heard because of there is much noise. Consultations should be in low tones."
},
{
"id": 1407275,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407275/?format=api",
"text_counter": 199,
"type": "speech",
"speaker_name": "Central Imenti, UDA",
"speaker_title": "Hon. Moses Kirima",
"speaker": null,
"content": "The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1407276,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407276/?format=api",
"text_counter": 200,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Order, Hon. Members. Member of Thika Town. Can we hear the Member on the Floor?"
},
{
"id": 1407277,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407277/?format=api",
"text_counter": 201,
"type": "speech",
"speaker_name": "Central Imenti, UDA",
"speaker_title": "Hon. Moses Kirima",
"speaker": null,
"content": " Hon. Speaker, this House seized the matters of agriculture, fertiliser distribution and fake fertiliser distribution that came before it to be part of its proceedings. They were referred to the Departmental Committee on Agriculture and Livestock to investigate and bring a Report to this House. The Committee has not been given that chance because it has not concluded its investigations. Assume we go ahead and impeach the Cabinet Secretary and at the end of the day the verdict of the Committee is a different version altogether, all will be in vain. The decision which this full House would have taken, would not be reversed. A matter being handled by a competent Committee, which has quasi-judicial powers, is being brought before this House yet the Committee is seized of the same. The Committee has the same powers as the House, for it is a creature of this House. The decision it makes will bind this House. In a nutshell, the provisions being quoted by the mover of the Motion do not pin the Cabinet Secretary down per se. The provisions are in general terms just to whip Members’ sympathy. Yes, we sympathise with farmers who were affected, but who is culpable in the issue? Who was involved in the manufacturing and distribution of the fake fertiliser to the extent that it is now going to mess up farmers? Is it the Cabinet Secretary? The Cabinet Secretary has nothing to do with the matter. His role is policy articulation, which is the general responsibility of the Executive. The powers of this House are similar to those of the courts. The powers of the courts talk of the rule of prejudice, it should be considered. We should not consider a matter which is pending before a Committee. Thank you, Hon. Speaker. I oppose the Motion."
},
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"id": 1407278,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407278/?format=api",
"text_counter": 202,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Loud consultations)"
},
{
"id": 1407279,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407279/?format=api",
"text_counter": 203,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Several Members were on their feet)"
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"id": 1407280,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1407280/?format=api",
"text_counter": 204,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Order, Hon. Members. Order! Order, Members on their feet. Member for Nyeri, take your seat. Hon. Mukami, you have just walked in and you are looking disorderly. Hon. Members, I had promised that by 12.30 p.m., the mover would be called upon to reply. Mover."
}
]
}