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{
"id": 1521622,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521622/?format=api",
"text_counter": 182,
"type": "heading",
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"speaker": null,
"content": "SUBSTANTIATION OF REMARKS MADE BY SEN. OKIYA OMTATAH ON WEDNESDAY, 19TH FEBRUARY, 2025"
},
{
"id": 1521623,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521623/?format=api",
"text_counter": 183,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Senators, as you may recall, at the Afternoon Sitting of the Senate held on Wednesday, 19th February, 2025, the Senator for Vihiga County, Sen. Osotsi, CBS, rose on a point of order, pursuant to Standing Order No.105(1) to require the Senator for Busia County, Sen. Okiya Omtatah, MP, to substantiate statements made in the course of a debate. 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": 1521624,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521624/?format=api",
"text_counter": 184,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "The utterances by Sen. Okiya Omtatah, MP, were made while the Senator was contributing to the Motion on the thanks of the Senate on Kenya’s attempt for the position of the Chairperson of the African Union Commission (AUC). In the point of order, Sen. Osotsi, MP, stated as follows- “I think it is important for us to be told more about this Janjaweed. My little knowledge about Janjaweed is that it is a terrorist group that operates in the Sahel Region of Sudan, Chad and Yemen. Sen. Okiya Omtatah, whom I respect a lot, and I know has a lot of information, has said that they have opened an office in Kenya. I think it is a serious matter that even I, as a representative of the people, would like to know more about it.” The Senator further stated that- “Have these people opened an office in Kenya and what action can we take as representatives of the people? If indeed they are in Kenya, and I do not want to doubt what Sen. Okiya Omtatah is saying because he has always proven whatever he says. He has researched very well and I think I need to know more about that.” From the reading of the HANSARD, the statements that Sen. Okiya Omtatah, MP, was required to substantiate were as follows- “Here we are, that today in Nairobi, we have the Janjaweed being allowed to open an office. This is a genocidal organ that tried to eliminate black people. It is now on record. It is a matter of public notoriety that the Janjaweed, which has now been given an office in Nairobi to operate from, has a history of trying to eliminate black people. The Executive behaves like it is a law upon itself. That is why the Janjaweed can be given an office in Nairobi at the whims of an individual and claim that the people of Kenya have welcomed the Janjaweed to come and run its genocidal government from Nairobi. It is extremely sad.” Hon. Senators, Standing Order No.105(1) states as follows- “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.” Further, Standing Order No.105(2) states as follows- “If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order 121 (Disorderly conduct) unless the Senator withdraws the allegations and gives a suitable apology, if the Speaker requires so.” Hon. Senators, various Senators rose to make comments on the point of order raised by Sen. Osotsi, including Sen. Oketch Gicheru, who further sought the intervention of the Speaker to require Sen. Okiya Omtatah to give evidence that, indeed, the Janjaweed is based in Kenya or otherwise has an office in Nairobi; Sen. (Dr.) Khalwale, who gave information in support of Sen. Okiya Omtatah argument that the Janjaweed is a terrorist group that operates in the Sahel Region of Africa; and, Sen. Cherarkey, who 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": 1521625,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521625/?format=api",
"text_counter": 185,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "informed the Senate on how the Janjaweed came to be and its metamorphosis to Rapid Support Forces (RSF). Other Senators who made comments to the point of order included Sen. Kinyua, Sen. Methu and Sen. Omogeni. Sen. Okiya Omtatah’s response to the point of order by Sen. Osotsi was to refer the Senate to a URL; https://www.cfr.org//global-conflict-tracker//conflict-power-struggle-sudan, despite being directed severally by the Chair to submit the same as evidence for substantiation with the Clerks-at-the-Table. His argument was that he had provided a URL as evidence for substantiation to the point of order raised by Sen. Osotsi. Sen. Okiya Omtatah subsequently walked out of the Chamber, while comments on the point of order by other Senators referred to above were being made. Although he had exited the Chamber, the Chair required Sen. Okiya Omtatah to submit evidence to the claim he made regarding the Janjaweed . At the subsequent sitting held on Thursday, 20th February, 2025, the Chair, by way of Communication from the Chair, invited Sen. Okiya Omtatah to submit evidence in support of his claim referred to above. Sen. Okiya Omtatah maintained his argument that the URL he had uttered was sufficient substantiation, pursuant to Standing Order No.105. That being the case, I undertook to review the material and give a ruling on the matter, as it was not practical to make a determination then. Hon. Senators, from the foregoing, two items stand out for substantiation with respect to the point of order by Sen. Osotsi. (1) Who the Janjaweed group is in general; and, (2) Whether the Janjaweed has a base of operation or an office in Kenya. As you may recall, I have on several occasions issued communications from the Chair, stating that any document or evidence tabled by a Senator in the Senate as evidence for substantiation of any allegations made under Standing Order No.105, must pass a certain threshold. The obligation of the speaker in such matters is to review the document or evidence tabled, determine the admissibility, establish whether the documents, if admissible, provide evidence of the claims made and finally make a ruling whether, accordingly, the threshold under Standing Order No. 105 has been met. In undertaking the foregoing assessment, the following are the parameters that guide the Speaker. (1) Is the evidence tabled from a source from which by parliamentary practice, is official and admissible? (2) If the answer to (1) is in the affirmative, does the evidence relate to and verify the claim that was made and for which substantiation was required? Hon. Senators, you will appreciate that media has evolved across different digital platforms in the field of Information Communication Technology (ICT). It is, therefore, imperative for Parliament and specifically the Senate, to adapt to the changing technological times and where necessary, amend its rules to accommodate digital electronic evidence. Having reviewed the URL uttered by Sen. Omtatah, I now turn to the parameters of admissibility that I have referred to. 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": 1521626,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521626/?format=api",
"text_counter": 186,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "As regards the first parameter, which is whether the evidence tabled or submitted was from a source, which by parliamentary practice, is official and admissible. Upon accessing the URL https//www.cfr.org//global-conflict-tracker//conflict-power-struggle-sudan, it directs you to an article under the heading Civil War in Sudan by the Centre for Preventive Action, published on the website of the Council on Foreign Relations, CRF- CFR, and dated the 3rd October, 2024. Upon review of the URL referred to above, it indicates that CFR is a nonpartisan, independent national membership organisation, think-tank, educator and publisher, including of foreign affairs. It generates policy-relevant ideas and analysis, convenes experts and policymakers and promotes informed public discussion all to have an impact on the most consequential issues facing the United States and the world. The website appears to be the official website for CFR. There is no evidence to suggest the contrary that this document is accordingly admissible. Hon. Senators, the second parameter is, does the evidence relates to and verifies the claim that was made and for which a substantiation was required? The URL provided by Sen. Omtatah sought to substantiate who the Janjaweed Group is and whether the Janjaweed has an office in Kenya. In the first instance, the information on the URL illustrates the conflict in Sudan and the players involved. It also highlights the various efforts at mediation and conflict resolution by players such as the United Nations (UN) and the Intergovernmental Authority on Development (IGAD). The article refers to atrocities committed by the Janjaweed militia in Darfur and other parts of Sudan. It also makes further reference that RSF was created or has its roots in the Janjaweed militia. To this extent, the information satisfies the point of order by Senator Godfrey Osotsi on the need to know more about the Janjaweed . Hon. Senators, as regards the second part of Senator Osotsi's point of order, the article on the URL does not give any indication that the outfit has a base in Nairobi or has an office in Kenya, as alleged by Sen. Omtatah. Sen. Omtatah needed to substantiate his claim by either giving a physical or postal address where Janjaweed has established an office in Nairobi. This has neither been done by the Senator nor has it been indicated in the article submitted for substantiation. Accordingly, I find and rule that the claim by Sen. Omtatah that the Janjaweed has an office in Nairobi has not been substantiated. In accordance with my findings and the failure to meet the threshold of substantiation pursuant to Standing Order No.105(2), I direct the Senator to withdraw the remarks he made on Wednesday, the 19th of February, 2025 and apologise. Hon. Senators, related to the process of substantiation required of Sen. Okiya Omtatah on this matter, having reviewed the HANSARD of the proceedings of Wednesday, 19th of February, 2025, afternoon sitting, the Senator made the following utterances- “Mr. Deputy Speaker, Sir, it is shameful that you can stand there and read a sanitised version of events. Very many Senators contributed to that Motion and unless you give a correct record of what happened, I am not going to be invited into that murky bubble in which you want this House to exist. I will not.” 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": 1521627,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521627/?format=api",
"text_counter": 187,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "The Senator went further to state the following. “Mr. Deputy Speaker, Sir, I think we should conduct proceedings in this House in mother tongue.” Now, Hon. Senators, I find these statements to be extremely disrespectful and condescending on the Chair and the House. Consequently, I direct the Senator to proceed and apologise to the House, as this is a serious affront to the orderly conduct of proceedings and a risk to the dignity of the House. All Senators, without exception, must conduct themselves with respect and decorum. I now invite Senator Omtatah to withdraw the remarks on the allegations made in the House in the course of the debate and apologise to the House on the disrespectful remarks. I caution, as provided for in Standing Order No.105 (2), that failure to withdraw and apologise will be deemed to be disorderly within the meaning of Standing Order No.121. Hon. Omtatah, the Floor is yours."
},
{
"id": 1521628,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521628/?format=api",
"text_counter": 188,
"type": "speech",
"speaker_name": "Sen. Okiya Omtatah",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir, I thank you for the opportunity to address this House. The last time in this House, if the record of the HANSARD will serve us right, I was told to bring the URLs I was referring to. It was not one. In your review, you have reviewed one URL, which was the second URL I had given. The first one was on Wikipedia, upon which Sen. (Dr.) Khalwale commented. I still do not understand why you cannot give a full version of what transpired in this House. I do not understand why. I had a total of 12 URLs. I kept on being interrupted when I was substantiating. I thought when somebody is asked to substantiate, he is called upon to perform a solemn duty, which the House must listen to in silence. Accord the person challenged to substantiate the chance to do so. You cannot challenge me to substantiate, gag me, block me from substantiating and then demand that I apologise for having failed to substantiate. I find that difficult to carry in my conscience. So, Mr. Speaker, Sir, I reiterate my position that the Janjaweed is in Nairobi. The RSF is a matter of public notoriety, that RSF---"
},
{
"id": 1521629,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521629/?format=api",
"text_counter": 189,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Omtatah, I am trying to accommodate you."
},
{
"id": 1521630,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521630/?format=api",
"text_counter": 190,
"type": "speech",
"speaker_name": "Sen. Okiya Omtatah",
"speaker_title": "",
"speaker": null,
"content": "I approach the Chair?"
},
{
"id": 1521631,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1521631/?format=api",
"text_counter": 191,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " You need not to. The ruling has been made by the Chair. You have two options; either to withdraw and apologise or sit and wait for further orders from the Chair. Those are the only two options available, where we are now."
}
]
}