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"id": 1588972,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "We do have quorum. Therefore, we shall proceed with the business of the afternoon. Clerk, kindly call the first Order."
},
{
"id": 1588973,
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"type": "heading",
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"speaker": null,
"content": "HEARING AND DETERMINATION OF THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF HON. ABDI IBRAHIM HASSAN, THE GOVERNOR OF ISIOLO COUNTY"
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{
"id": 1588974,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1588974/?format=api",
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"speaker_title": "",
"speaker": null,
"content": "REPLY BY THE GOVERNOR’S COUNSEL TO SUBMISSIONS MADE BY THE COUNTY ASSEMBLY"
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{
"id": 1588975,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Before we adjourned for lunch counsel for the Governor had 10 minutes to respond to the submissions made by the County Assembly. So, counsel for Governor you may now proceed to utilize your 10 minutes in response to the submissions that have been made by the County Assembly. 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": 1588976,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1588976/?format=api",
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"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir, for the opportunity. I am here to do a very brief rejoinder based on the submissions done by the counsel for the County Assembly. I begin by stating that the County Assembly of Isiolo has to a great extent misunderstood our preliminary objection, the extent of that preliminary objection, the nature and the effect of the preliminary objection. I say this because when we started to listen to the responses, all counsel appearing took the position that we were telling this honourable Senate that it has no jurisdiction to entertain this matter. That is not the nature of our preliminary objection. We all agree that there is no court order that can bar or gag this Senate from entertaining a Motion for impeachment of a governor. That one is not in any disagreement. Hon. Senators, our preliminary objection is based on the fact that there is nothing in law that has been brought before you for consideration to invoke your powers under Section 33 of the County Governments Act and Article 181 of the Constitution because for the Senate to sit to discharge that mandate, there has to be a valid Motion of impeachment. Our simple request to this Senate is that there has been no valid or competent Motion that has been forwarded to you to warrant your interrogation of the same. Why? For two reasons. That Motion that has purportedly been brought before you is a Motion that the court had killed before it got to you. So, there is no Motion. Secondly, the law anticipates that you will sit here to listen to a resolution that has been passed by a House constituted under the Standing Orders. Our argument has been simple. The County Assembly of Isiolo did not sit to deliberate on the impeachment of the Governor of Isiolo County. So then, what would you be sitting to listen to? Section 33 of the County Governments Act and Article 181 of the Constitution gives this House powers to hear whether charges against the Governor have been substantiated. So, it presupposes that once you begin the trial, you are actually listening to the actual charges, actual violations, and counts that the Governor is being accused of. Once we cross this bridge, we will not be looking at technicalities. We will only be addressing ourselves to the charges that the Governor is being accused of. Hon. Senators, a month ago, a young man was brutally murdered. The police presented a dead body of that young man, Albert Ojwang’, to Mbagathi Hospital expecting that the hospital was going to admit that dead body and treat that dead body. Mbagathi Hospital stood their ground and said: “Our duty is simple, to treat patients”. What you are bringing here is not a patient known by nature or in medical terms. He is dead not even on arrival, but was dead even before arrival. That is the same thing the County Assembly is doing, bringing you a dead body in the name of a dead Motion and expecting you to invoke your powers under Article 181 and Section 33 of the County Governments Act. We dare submit that it is not even a dead Motion; this Motion is a still birth. It never got to be born. Why? It was never debated and it was never resolved to impeach the Governor of Isiolo County. Hon. Senators, when you look at the arguments by the County Assembly, they are telling you that we need to go to trial to establish whether the HANSARD that we took time to impeach communicate of a House having sat. Now, what witness is being brought 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": 1588977,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1588977/?format=api",
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"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "",
"speaker": null,
"content": "before this Senate to address you on things that are clear? Documents speak for themselves. The HANSARD reports that we took time to take you through are not our documents. They are not documents hinged on an affidavit. They are documents supplied by the County Assembly. None of the counsel who appeared before you took time to address you on any issues that we address you on to suggest that there is no way a sitting could have taken place. So, do you then call a witness here to come and address you on issues that are glaring, that are very obvious on the face of it? It would be a total waste of your time, hon. Senators. There has been also an attempt by the County Assembly to portray the Governor of Isiolo County as a person who advances a self-defeating argument just because it is seen that he approached the High Court to impinge this process. It has been said that the Governor acknowledged that proceedings took place. Nothing can be further from the truth. Hon. Senators, the hon. Governor of Isiolo County went to the High Court in Isiolo based on a press release by the Speaker of Isiolo County Assembly purporting to communicate a resolution to remove him from office; a press release that was not backed by any other evidence that, indeed, there were proceedings that took place. Hon. Senators, you will not come across any broadcast of the proceedings that are said to have taken place on 26th June, 2026. Nothing; not from mainstream media, not from local media, nothing. The only communication that the Governor got was a press release that the Speaker of the County Assembly had to demonstrate that there were proceedings that took place. Therefore, hon. Senators, we urge you to invoke your powers. I stood here last year in October representing the County Assembly of Kericho. A question arose as to the propriety of that Motion. Debate was held here and I stood to defend the position that preceded and hear the charges on merit and if there is any question on the propriety of that Motion, deal with it at that juncture. Hon. Senators, I remember the words of the distinguished Senator for Kakamega, Sen. (Dr.) Boni Khawale. He told me- “Mr. Mutuma, (he called me my name), what do you want the Governor to prove?” That question is the same question I expect the hon. distinguished Senators to ask today. Are you inviting the Governor to prove that, indeed, there were proceedings that took place? It was the duty of the County Assembly before they even started submitting to establish that, indeed, a sitting took place. There is only one way to demonstrate that, by providing this House with credible HANSARD reports. Documents speak for themselves. We do not need a witness to take the witness stand to interpret the HANSARD reports. HANSARD reports are supposed to communicate verbatim what transpired without the need of calling a witness to explain. Their own HANSARD reports do not demonstrate a likelihood of a sitting having taken place. Therefore, the same way you set precedents, because this is the House of precedents, that your mandate under Article 181 and Section 33 of the County 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": 1588978,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1588978/?format=api",
"text_counter": 19,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "",
"speaker": null,
"content": "Governments Act encompasses the right to, first of all, interrogate ( prima facie ) whether that Motion has met that threshold; that is exactly what we are inviting you to do. If you find that the HANSARD reports and the documents on record do not support the existence of a valid Motion, you do not need to proceed to the next stage. Once we proceed to the next stage, there is only one duty left for you, which is to look at the charges on merit and establish whether the Governor is guilty or not of the charges that have been preferred against him. I rest my case. Thank you."
},
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"id": 1588979,
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"text_counter": 20,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "CLARIFICATIONS BY HON. SENATORS ON SUBMISSIONS MADE BY COUNSELS FOR THE GOVERNOR AND THE COUNTY ASSEMBLY"
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{
"id": 1588980,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1588980/?format=api",
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Senators, we will now move to clarifications for half-an-hour. If you get an opportunity to seek for clarification, kindly, keep it under two minutes, so that we can hear a number of you. As you take to the Floor to seek your clarifications, kindly, indicate from whom you are seeking that clarification. We will do that for half-an-hour and thereafter, I will give 15 minutes to the Governor's team and 15 minutes to the County Assembly team to respond to the clarifications that will have been addressed to them. Proceed, Sen. Cheruiyot, the Majority Leader."
},
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"id": 1588981,
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"text_counter": 22,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": null,
"content": " Mr. Speaker, Sir, this is a very complex matter, but simple at the same time. I am struggling as I read the documents from the Assembly and the response from the Governor to establish who is the Clerk in the County Assembly of Isiolo. If you read the sworn affidavits from the County Assembly - and I have the two documents here - there is a gentleman quoted who confirms that, indeed, there was a sitting. The response from the Governor also has a gentleman insisting that he is the Clerk for the County Assembly and he insists that there was no sitting. I would wish to hear from both counsel on who between these two gentlemen is the Clerk of the Assembly and as at the time when they swore these affidavits that are before us, was that the position at that particular time? Maybe there was a difference in time or whatever, but to help my mind be clear as I seek to unravel the truth, I would wish to establish that. Thank you."
}
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