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{
"id": 1589552,
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"text_counter": 88,
"type": "speech",
"speaker_name": "Mr. Eric Theuri",
"speaker_title": "",
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"content": "reserve 10 minutes for any rejoinders, which will be handled by our colleague, Mr. Elias Mutuma. Mr. Speaker, Sir, and hon. Senators, with your permission, we would then move to raise the preliminary question."
},
{
"id": 1589553,
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"text_counter": 89,
"type": "speech",
"speaker_name": "Hon Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Are you saying you require one hour for preliminary question? What you are saying is that you require one hour to effectively move your preliminary issue?"
},
{
"id": 1589554,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589554/?format=api",
"text_counter": 90,
"type": "speech",
"speaker_name": "Mr. Eric Theuri",
"speaker_title": "",
"speaker": null,
"content": "Yes, Mr. Speaker, Sir."
},
{
"id": 1589555,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Okay. I will grant you one hour and also grant the County Assembly one hour to respond to your preliminary issues. You may proceed and time starts running from now."
},
{
"id": 1589556,
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"type": "speech",
"speaker_name": "Mr. Eric Theuri",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. Mr. Speaker Sir, on the 26th June, 2025, the Speaker of the County Assembly of Isiolo issued a press communication at around 3.00 p.m. announcing that the County Assembly had resolved to impeach the Hon. Abdi Ibrahim Hassan, the Governor of Isiolo County. This communication will be found in Bundle No.3 of our volumes, that is Volume No.3, at pages two, three, four and five. This release is significant in these proceedings as it marks, in our view, the announcement of a phantom impeachment of the Governor. We will shortly demonstrate the salient gaps and schemes and hopefully persuade the Senate to reject this phantom impeachment. The press release by the Speaker of the County Government of Isiolo triggers a very important question, and that is the question upon which our first limb of the preliminary objection stands: What is in law, a resolution of the county assembly? The County Assembly of Isiolo Standing Orders and specifically Standing Order No.65(8) provides that when a Motion for the removal of the governor is passed by at least two-thirds of all the members of the assembly, the Speaker shall inform the Speaker of the Senate of that resolution within two days. You will find this resolution from the County Assembly in the Assembly's Volume No.3 at page 100. It is our submission that for the power of the Senate to be invoked under Standing Order No.80, the Speaker of the Senate must receive a resolution from the Speaker of the County Assembly. Therefore, there is a test that is two-fold. The first test is that there is a resolution and the next is that it is supported by two-thirds of the Members of the County Assembly. In forwarding this resolution, the Senate Standing Orders, the Third Schedule of the Standing Orders and the Senate Guide Manual on the procedure and rules for removal of county governments developed in 2025, require certain documents to be submitted together with the resolution. That is: the Impeachment Motion, the County Assembly HANSARD, the Division of voters list, the advertisement of the summons to the governor, the list of witnesses of advocates, the list of advocates, list of witnesses, records and videos and other evidence. It is our submission that this requirement has a good purpose and it now fits into the preliminary objection or the preliminary issue that we raise. 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": 1589557,
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"type": "speech",
"speaker_name": "Mr. Eric Theuri",
"speaker_title": "",
"speaker": null,
"content": "I will then invite you to examine the documents that were presented alongside the resolution from the Speaker of the Isiolo County Assembly in support of the fact that there was a resolution adopted by the Assembly to remove the Governor. I will refer the Senate to the County Assembly documents, and that is at Volume No.3 of the County Assembly documents, pages one to six, which has the Order Paper of the 18th June, 2025, and that Order Paper ultimately indicates that the Motion for the removal of the Governor was adjourned to Thursday, 26th June, 2025 at 2.30 p.m. That time is extremely material to these proceedings. The HANSARD of 18th June, 2025 at pages seven to 14, that is still Volume No.3 of the County Assembly documents, indicates that the proceedings for removal of the Governor were also adjourned to the 26th June, 2025 at 2.30 p.m. At pages 15 and 16, that is still Volume No.3, there is an invitation to the Governor to attend. That invitation invites the Governor to attend the County Assembly on the 26th June, 2025, at 9.00 a.m. Volume No.5 of the County Assembly's documents at pages three and four contains the Affidavit of Service of that invitation served by the Speaker. So, there is no doubt whatsoever that the Governor is invited to appear at 9.00 a.m. on 26th June, 2025. The Speaker in Volume No.5 also presents a document for the special sitting of the Assembly. It is dated 23rd June, 2025 and that sitting is indicated to commence at 9.00 a.m. It is, therefore, not in any doubt that the Assembly set the hearing of the Motion for 9.00 a.m. on 26th June, 2025. I now refer the Hon. Senate to the Standing Orders of the County Assembly of Isiolo and specifically, Standing Order No.1. It is found at Volume No.3, pages 85 and 86 on the times set for the sitting of the County Assembly; that is, 9.00 a.m. for Wednesdays and 2.30 p.m. for Tuesdays, Wednesdays and Thursdays. I do not need to say this because you are familiar with these times. It therefore follows that if the County Assembly is to meet at any other time other than as set out in the Standing Orders, there must be a resolution to that effect. So, therefore, the logical question that we are asking the Senate is this: Is the HANSARD genuine? The HANSARD talks about a sitting conducted at 2.30 p.m., that is in line with the Standing Orders, but the notices, the invitation and the Special Sitting issued by the Speaker talk about a sitting to be conducted at 9.00 a.m. So, therefore, Hon. Speaker and Hon. Senators, we invite you, the Senate, to take note of the above and then allow us to also review the HANSARD that is provided. You probably understand the HANSARD much better than we do. I refer you to the HANSARD of 18th June, 2025, which clearly shows that the County Assembly was adjourned to 26th of June at 2.30 p.m. I refer you to Volume No.3 still of the Assembly's documentation. The issues that you will note when you review the HANSARD is that, first of all, it is not certified by the Clerk as is required. It just bears a stamp. It is, therefore, our submission that these latent, open, obvious and blatant contradictions and anomalies between the HANSARD and other records provided by the Assembly are major indicators not only of misrepresentation, but that the documents presented by the Assembly have been cooked and generated outside the 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": 1589558,
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"type": "speech",
"speaker_name": "Mr. Eric Theuri",
"speaker_title": "",
"speaker": null,
"content": "This is further supported by the testimonies of the witnesses, which will be found at Volume No.2 of the Governor's response at page 14, where we have the affidavit of Salad Boru Guracha, who was the Clerk of the Assembly, who confirms that there was no sitting of the Assembly on either date. There is an affidavit by the Leader of Majority, Jiba Ali, at pages 41 to 45, who confirms there was no sitting of the House Business Committee (HBC) to deliberate and set out the Order Papers. Further, we have the affidavit of Shaban Mzungu, who was in charge of security at the Assembly on that particular day, and he confirms that there was no sitting of the Assembly. Hon. Speaker and Senators, we expect that the Assembly will try to persuade you that the issues we raise are not preliminary and they require a full evidentiary hearing. Allow me to refer you to the Assembly's submissions on the preliminary objection, because they have filed submissions and they have courted a decision. Jurisprudence from the courts is that a preliminary question is determined on the presumption that the facts pleaded are true. The facts that we are raising are the facts that have been pleaded by the Assembly. That preliminary issue, when determined, may as well as dispose of the suit. It is for that reason that we raise it as a preliminary issue, because if this honorable House was to find that there was no sitting of the Assembly, then we cannot proceed with the hearing of the impeachment Motion. So, we submit that these questions that we have raised satisfy this threshold, and we invite the Senate to look at the facts that have been pleaded by the Assembly and the documents that have been provided, and agree with us that this is a case of a phantom impeachment. Finally, with one eye on the clock, we submit that this is a hallowed process. It is not just about whether the grounds set out in Article 181 of the Constitution have been met. If the Senate is to examine whether there was a valid resolution and agree with us that the documents that have been presented are forged and cooked, this phantom impeachment amounts to an affront on the Constitution. It sets a very dangerous precedent because it means that it is possible for the Speaker and a few Members of a rogue Assembly to, in a way, attempt a coup, sit somewhere, cook documents and present it to the Senate, and the Senate will then hear that matter. That, in itself, will be a violation of the Constitution, because this Senate has a mandate to protect devolution and the counties. That is the danger that we face in these phantom impeachment proceedings. Hon. Senators, the impeachment proceedings not only put the Governor on trial. It does the same for the Constitution, the Senate, Members of the County Assembly, for the witnesses, for the lawyers on either side, and ultimately, the Kenyan people. It is our humble submission that the Kenyan people vested the power of impeachment in the Senate, because they expected that the Senators had special qualities, numbers and temperament to rise to the occasion, and we urge this House to rise to that occasion. Finally, before I cede ground to my fellow Counsel, allow me to just remind you of the words of Alexander Hamilton, one of the founders of the American Constitution, on the power and the question of impeachment. Hamilton explained that the Senators were seen as the ideal arbiters in an impeachment process, because the Senate would be a 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."
},
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"id": 1589559,
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"type": "speech",
"speaker_name": "Mr. Eric Theuri",
"speaker_title": "",
"speaker": null,
"content": "tribunal sufficiently dignified and independent of the actual interests aligned in the subject of an impeachment. We urge this House to rise to this occasion. We respectively urge the Senate to review the material that we have provided and find that there was no sitting of the Assembly that gave rise to the resolution that is before you for consideration. I thank you for the opportunity you have accorded us to address you on this issue and invite my senior, Mr. Elisha Ongoya, to take us on the second limb of our preliminary issue."
},
{
"id": 1589560,
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"text_counter": 96,
"type": "speech",
"speaker_name": "Mr. Elisha Ongoya",
"speaker_title": "",
"speaker": null,
"content": "Thank you Mr. Speaker, and thank you, distinguished Senators. As indicated, my name is Elisha Ongoya, Lead Counsel for the Governor. Before I address you on another substantive preliminary question on an existing court order touching on these matters, allow me to invite my learned colleague, Mr. Elias Mutuma, to wind up on that issue of the proceedings before the Assembly by drawing your attention to certain salient material aspects of the purported HANSARDs that have been presented before you, so that you have all that in consideration, then I will move to the next subject."
},
{
"id": 1589561,
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"text_counter": 97,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. The Counsel representing the County Assembly will be here shortly to try and convince you that what we have raised is not a preliminary objection, but requires an interrogation by way of listening to witnesses and making a determination based on what they will say. Our submission is simple, that what we have raised is a pure preliminary objection that can be addressed and determined based on what has been presented by the County Assembly of Isiolo. My understanding of HANSARD records is that they are a verbatim record of what transpires in the House proceedings. Therefore, they are able to tell us exactly what happened on the day that that Motion is said to have been passed. We have raised an issue with proceedings that are said to have taken place on 18th June, 2025 and 26th June, 2025. Hon. Senators, with your kind permission, kindly hold your Volume No.3 of the County Assembly's documents. I will take a very short time to take you through the HANSARD. This being a House that is also very much familiar with proceedings of the House, you will be able to tell me whether there is anything that took place there. At page seven of that bundle, we have been presented with what is said to be the proceedings of 18th June, 2025. We see the House purportedly sitting for the first time. There is no communication from the Chair. There is no calling of Orders by the Clerk. Straightaway, the Mover of the Motion proceeds to execute the business of the day. Look at it; it is straightaway withdrawal of the Motion on the impeachment of Isiolo County Government dated 10th June, 2025. What does it begin with, “Hon. Abubakar Godana.” Hon. Senators, who presided over this sitting? There is no invitation from the Speaker for the mover of the Motion to proceed and execute the business of the day. Let us proceed. Hon. Abubakar Godana proceeds and proposes a Motion to withdraw the previous Motion. He invites two Members of the County Assembly (MCAs); Hon. Nicholas Lorot and Hon. David Nyoro, to second the motion. Without 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."
}
]
}