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{
"id": 1589582,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589582/?format=api",
"text_counter": 118,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "There is a decision that has been referred to, which we, advocates, all know. Mr. Speaker, Sir, I am glad that you are an advocate and I am sure you are familiar with the decision. It is a decision that was referred to in the submissions by the Governor. That is the decision of Lord Denning in the famous case of MacFoy versus United AfricaCompany Limited . In citing that decision, the Counsel for the Governor sought to persuade you that since the proceedings are a nullity, then you should not proceed any further with these impeachment proceedings."
},
{
"id": 1589583,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589583/?format=api",
"text_counter": 119,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir, I wish to rely on that decision in an attempt to persuade you that it is, indeed, the proceedings before the High Court of Kenya in Meru that were a nullity, coming as they did, contrary to the established law and interpretation of the modern doctrine of separation of powers. Prior to the completion of the impeachment proceedings that decision or references to that decision are a nullity. Therefore, you should disregard that decision and proceed."
},
{
"id": 1589584,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589584/?format=api",
"text_counter": 120,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir, I had a few passages from the decision. The learned Counsel for the Governor seems to be suggesting that the Judge of the High Court, in some way, may have been directing this House as to what to do with its orders. I submit that this House is completely independent under the Constitution of the Republic of Kenya. Therefore, you should be guided properly as you consider this preliminary issue."
},
{
"id": 1589585,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589585/?format=api",
"text_counter": 121,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "In conclusion, I wish to state that this is not a preliminary issue. It is based on contested issues of fact which we should then get the opportunity to look into."
},
{
"id": 1589586,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589586/?format=api",
"text_counter": 122,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "The second issue that I wish to respond to is an issue that I was a little bit concerned when I first encountered it. That is the submission that has been made by my learned colleagues for the Governor, and they took some time on it. They said that there were no sittings of the County Assembly of Isiolo on 18th and 26th June, 2025. They have used that submission in support of several grounds of their appeal, and I wish to respond to that. I wish to ask the House to apply it to all instances where they have made reference to the fact that, indeed, there were no sittings on 18th and 26th June, 2025."
},
{
"id": 1589587,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589587/?format=api",
"text_counter": 123,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "With tremendous respect to the Governor and his team, I wish to submit that, that argument is self-defeating. It is a self-defeating argument if you look at it from this perspective. 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": 1589588,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589588/?format=api",
"text_counter": 124,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir, it is the proceedings of 18th and 26th June, 2025, of the County Assembly of Isiolo that the Governor went to the High Court in Meru resulting to the decision of Mr. Justice Nyaga sitting in the High Court in Meru, which set out--- The order arising from Mr. Justice Nyaga’s decision is on pages six and seven of Volume No.3 of the Governor’s documents. The ruling itself is to be found between pages 13 and 37 of Volume No.4."
},
{
"id": 1589589,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589589/?format=api",
"text_counter": 125,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "Having based substantive legal proceedings on the proceedings of the County Assembly of Isiolo on 18th and 26th June, 2025, it then cannot fall from the Governor’s mouth to come here before you this morning and assert that there were no proceedings. They have based substantive legal proceedings on the fact that there were proceedings. They got certain orders from the High Court in Meru, which orders they seek to bring before you and urge you to declare the proceedings a nullity. I submit that they cannot."
},
{
"id": 1589590,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589590/?format=api",
"text_counter": 126,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "For the completeness of the record, an estoppel arises against them approbating and reprobating in the manner in which they do. For the purposes of my submission, an estoppel is a legal principle which precludes a person from asserting something contrary to their previous action or statement. The contrary provision is that there were no proceedings. The previous action is that they took those proceedings to the High Court, persuaded a judge of the High Court that there were proceedings and obtained orders. They cannot do both. For that reason, I submit that, that ground must fail. There is the issue that my good learned friend, Mr. Theuri, brought up. I wish to crystal that as a threshold issue. The short and sharp answer to the threshold issue is that the determination of whether or not a Motion surpasses the threshold required in law requires the consideration of testimony of evidence from both sides. Mr. Speaker, Sir, the consideration of evidence must of necessity include the testing of that evidence. There are witnesses that the Governor has brought and their testimony was referred to in support of this submission. We, advocates, who are present for the County Assembly, wish to test that testimony. We do not believe that what has been stated in those statements is correct. Those facts are, therefore, contested. If they are contested facts, they then cannot form the basis in law or otherwise for a preliminary issue. That must go on full trial. In the context of these proceedings, that means the hearing of the Motion that has been brought. Mr. Speaker, Sir, one of the reasons the Governor gave in support of the submission that the threshold has not been surpassed was the fact that the HANSARD reports in support of those two proceedings were not signed. We note that one of the Governor’s witnesses is the Clerk of the County Assembly of Isiolo. That is most unusual in the circumstances because it is the Clerk’s responsibility to sign HANSARD reports. Mr. Speaker, Sir, we look forward to the opportunity to test the testimony of the Clerk and get the Clerk’s explanation. We believe this House will benefit from the explanation from the Clerk, who is charged with the primary responsibility of certifying those reports, as to why those reports were not certified. The Clerk is a witness. He has put in a witness statement or an affidavit and we wish to test his testimony. It is my 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": 1589591,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589591/?format=api",
"text_counter": 127,
"type": "speech",
"speaker_name": "Mr. Paul Nyamodi",
"speaker_title": "",
"speaker": null,
"content": "submission that with the facts contested as they are, it is then difficult to use those facts to make a determination on the preliminary issue. The next issue that I wish to submit on and emphasize is that the material that the Governor wishes to rely on for his preliminary issue is the same material that the Governor has brought forward, or has brought or seeks to rely on, as testimony in opposition to this Motion. I wish to refer you to Volume No.2 of the Governor's response to the Motion that is before you. In Volume 2, there is the statement of one Salad Boru Guracha on page 24, which runs all the way to page 32. Salad Boru Guracha is the Clerk of the County Assembly of Isiolo."
}
]
}