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{
"id": 1409971,
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"content": "(Several Members walked into the Chamber)"
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{
"id": 1409972,
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"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "Members at the back, please take the nearest seats. Hon. Jalang’o, take the nearest seat. Consequently, I find that the proposed Motion by the Member for Bumula, meets the requirements of Article 152(6) of the Constitution and Standing Order 66 as to form and the threshold required for a Member to move a Motion for dismissal of a cabinet secretary. This settles the First Issue. Moving to the second issue on the admissibility of the grounds specified in the Motion, under Standing Orders 64(1A) and 66, grounds cited in a Special Motion are admissible if: 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": 1409973,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1409973/?format=api",
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"content": "(a) Framed clearly to particularise and disclose a gross violation of the Constitution or other written law, where gross violation of the Constitution or other written law is indicated as a ground for the intended dismissal; (b) they state, with precision, the provisions of the Constitution or other written law that are alleged to have been grossly violated, where gross violation of the Constitution or other written law is indicated as a ground for the intended removal; and; (c) accompanied by necessary evidence, including annexures or sworn testimonies in respect of the allegations. Article 152(6) of the Constitution provides for three grounds for which a cabinet secretary may be removed from office. These are gross violation of the Constitution or any other law; serious reasons to believe that the cabinet secretary has committed a crime under national law; and gross misconduct. Permit me now to highlight the grounds specified in the Motion for dismissal of the Cabinet Secretary for Agriculture and Livestock Development. Hon. Members, on the ground of gross violation of the Constitution, the Member for Bumula Constituency has stated as follows in the proposed Motion. 1. That, the Cabinet Secretary has grossly violated the Constitution in particular Articles 2 and 10(1)(c) of the Constitution on national values and good governance for failure to undertake public participation with relevant stakeholders in the implementation of a far-reaching policy decision on the procurement and distribution of fertiliser. 2. That, the conduct of the Cabinet Secretary of approving procurement and distribution of fake fertiliser by the NCPB disclose a gross violation of national values and principles of good governance contrary to Article 10(1)(b) of the Constitution. 3. That, the conduct of the Cabinet Secretary of approving the procurement and distribution of fake fertiliser discloses a gross violation of the Constitution by infringing Article 46 of the Constitution on consumers rights to goods and services of reasonable quality and their protection of health, safety and economic interests. 4. That, the conduct of the Cabinet Secretary of approving the procurement and distribution of fake fertiliser amounts to gross violation of public trust and the Cabinet Secretary failed to demonstrate respect for the people, bring honour to the nation and dignity to the office and promote public confidence and integrity of the office contrary to Article 73(1) of the Constitution. 5. That, the conduct of the Cabinet Secretary of approving the procurement and distribution of fake fertiliser amounts to gross violation of the principles of public finance contrary to Article 201 of the Constitution as public money was not applied in a prudent and responsible way. 6. That, the conduct of the Cabinet Secretary in which he submitted to the Departmental Committee on Agriculture that NCPB signed an agency agreement with 51 Capital Africa Diatomite Industries for supply and distribution of GPC diatomaceous for its commercial function and that the product was not sold as a chemical fertiliser but a soil conditioner was in gross violation of Article 152(5) (a) and (e), (6), (7), (8), (9) and (10) of the Constitution. 7. That, the conduct of the Cabinet Secretary of overseeing the implementation of the budgets of the NCPB under his control for the procurement and distribution of fake fertiliser is a gross violation of values and principles of public service on use of resources efficiently, effectively and economically. 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": 1409974,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1409974/?format=api",
"text_counter": 111,
"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, the proposed Motion also seeks the dismissal of the Cabinet Secretary for Agriculture on the ground of serious reasons for believing that he has committed a crime under national law. To this end, the Member for Bumula Constituency has stated as follows in the proposed Motion: 1. That, the conduct of the Cabinet Secretary discloses grounds that there are serious reasons for believing that the Cabinet secretary has committed a crime under national law involving offences relating to abuse of office and false claims contrary to sections 100 and 101 of the Penal Code. 2. That, the conduct of the Cabinet Secretary discloses grounds that there are serious reasons for believing that the Cabinet Secretary has committed a crime under national law relating to forgery, uttering false documents and procuring execution of documents by false pretences contrary to Sections 353 and 355 of the Penal Code. The Member further avers that the Cabinet Secretary is currently under investigation by the DCI following the findings of the court in FPL versus DPP and Three Others: Registrar of Companies and 10 Others 2021 e/<LR and is further facing arrest and prosecution in six pending civil, commercial and family suits. Hon. Members finally, on the third ground, the Member for Bumula Constituency seeks the dismissal of the Cabinet Secretary for Agriculture and Livestock Development on the grounds of gross misconduct and states as follows: 1. That the conduct of the Cabinet Secretary of getting into public spats with journalists who announced the distribution of the fake fertiliser, discloses the ground of gross misconduct in so far as, as a State officer, he has failed to demonstrate professionalism in carrying out duties of the office and in a manner that maintains public confidence in the integrity of the office contrary Section (11)(a) of the Leadership and Integrity Act Cap 185 (C). 2. That the conduct of the Cabinet Secretary of storming into the manufacturing plants and purporting to be revoking licenses without conducting investigations amounts to gross misconduct in so far as, as a State officer, he has failed to demonstrate professionalism in carrying out duties of the office and in a manner that maintains public confidence in the integrity of the office manner contrary to Section 11(a) of the Leadership and Integrity Act, Cap 185(c). 3. That the conduct of the Cabinet Secretary of approving procurement and distribution of fake fertilisers so far, as a State officer, he has failed to exercise public trust in the best interests of the people of Kenya, amounts to gross misconduct contrary to Section 8 of the Leadership and Integrity Act Cap 185(c) . 4. That, the conduct of the Cabinet Secretary of approving procurement and distribution of fake fertiliser in so far as a State officer, he has failed to exercise his duties to the best of his ability and to carry out the duties efficiently, honestly and in a transparent and accountable manner, and amounts to gross misconduct contrary to Section 10(a) and (b) of the Leadership and Integrity Act Cap 185. 5. That the conduct of the Cabinet Secretary of approving the procurement and distribution of fake fertiliser by the National Cereals and Produce Board discloses the ground of gross misconduct in so far as the State officer, has failed to demonstrate professionalism in carrying out duties of the office in a manner that maintains public confidence in the integrity of the office contrary to Section 11(a) of the Leadership and Integrity Act, Cap 185(c). 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": 1409975,
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"text_counter": 112,
"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "6. That, the conduct of the Cabinet Secretary of approving the procurement and distribution of fake fertiliser by the NCPB and misleading the public by giving false information to the Departmental Committee on Agriculture that GPC Diatomaceous was distributed as soil conditioner and not fertiliser, amounts to gross misconduct, contrary to Section 29 of the Leadership and Integrity Act, Cap 185."
},
{
"id": 1409976,
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"text_counter": 113,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members at the Bar, take the nearest seats."
},
{
"id": 1409977,
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"speaker": null,
"content": "(Several Members walked into the chamber)."
},
{
"id": 1409978,
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"text_counter": 115,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Thank you."
},
{
"id": 1409979,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1409979/?format=api",
"text_counter": 116,
"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, in addition to the three grounds that I have just highlighted, the Member for Bumula has attached additional background information to further substantiate his stated grounds. Additionally, the Hon. Member has attached a sworn statement in which he avers that all information stated in the proposed Motion is true and correct to the best of his knowledge. Notably, the Hon. Member has also annexed to the proposed Motion evidence and supporting documents contained in five annexes. This includes the response by the Cabinet Secretary to the Departmental Committee on Agriculture and Livestock, correspondences, statements, a court judgement (Hon. FML versus DPP and three others: Registrar of companies and 10 others, 2021 Kenya Law Reports) and submissions by the Kenya Bureau of Standards (KEBS), the Departmental Committee on Agriculture and call logs, among other documents."
},
{
"id": 1409980,
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"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, in light of the foregoing, and pursuant to Standing Orders 64 and 66, I am of the considered opinion that the grounds specified for the dismissal of the Cabinet Secretary for Agriculture and Livestock Development, as contained in the proposed Motion: 1. are framed clearly to particularise and disclose a gross violation of the Constitution and other written law, in this case being the Penal Code and Leadership and Integrity Act; 2. state with precision the provisions of the Constitution or other written law, in this case the Penal Code and the Leadership and Integrity Act that are alleged to have been grossly violated, and; 3. are accompanied by necessary evidence, including an exchange sworn testimonies in respect of the allegations. Consequently, the grounds for dismissal of the Cabinet Secretary for Agriculture and Livestock Development as contained in the proposed Motion comply with the requirements of Standing Orders 64(1)(a) and 66. This also settles the second issue."
}
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}