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{
"id": 1589612,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589612/?format=api",
"text_counter": 148,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "I, therefore, direct that the County Assembly may utilise its remaining 10 minutes, so that the Senate shall adjourn at 1.10 p.m. or such earlier time as the County Assembly concludes its submissions. The Senate then, will resume sitting at 2.30 p.m. when the Governor's Counsel will have his 10 minutes to respond before the Senate proceeds to make a determination on the preliminary objection. It is so directed. Counsel, you may proceed to utilise your 10 minutes."
},
{
"id": 1589613,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589613/?format=api",
"text_counter": 149,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Resumption of submissions on the preliminary objections by the County Assembly team)"
},
{
"id": 1589614,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589614/?format=api",
"text_counter": 150,
"type": "speech",
"speaker_name": "Mr. Erick Muriuki",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. As I was submitting, hon. Senators, is that my colleagues have indeed said, and I agree completely, that forgery must be specifically pleaded and proven. The mere word of the Governor's counsel on this pulpit cannot be taken as evidence of forgery. Indeed, in a decision of the Court of Appeal, Jennifer Nyambura Kamau versus"
},
{
"id": 1589615,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589615/?format=api",
"text_counter": 151,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Humphrey Mbaka Nandi"
},
{
"id": 1589616,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589616/?format=api",
"text_counter": 152,
"type": "speech",
"speaker_name": "Mr. Erick Muriuki",
"speaker_title": "",
"speaker": null,
"content": ", the court held that it is also a settled law that fraudulent conduct must be distinctly alleged and distinctly proved. It is not allowable to leave fraud to be inferred from the facts. An allegation of forgery is an issue of fraudulent conduct. Hon. Senators, you have been told that it is a preliminary issue whether there was a sitting and whether from that sitting the threshold for impeachment was reached. This issue can only be determined after a conclusive hearing of these proceedings. The Governor's Counsel has stated that they will rely on the affidavits of the Clerk, who is an employee of the County Assembly, to tell you that there was no sitting. Hon. Senators, as a matter of fair hearing, we must then be allowed to test the veracity of those averments by the Clerk under oath through cross-examination. For that reason, this issue cannot form the basis of a preliminary objection. Hon. Senators, from the locus classicus on preliminary objections of Mukisa Biscuit, as was again affirmed in the decision that we have quoted in our submissions of Ali Hassan Joho and another versus Suleiman Said Shabhal, for a preliminary objection to succeed, it must be a pure point of law which is argued on the assumption that all the facts pleaded by the other side are correct. It cannot be erased if any fact has to be ascertained or if what is sought is the exercise of judicial discretion. I would perhaps just amend that we also include quasi- judicial discretion because this House now sits as a quasi-judicial body. Hon. Senators, that issue of whether there was a sitting is at length canvassed in both the County Assembly's documents and the Governor's responses. For that reason, it cannot form part of a preliminary objection. We shall be, of course, adducing evidence to show that there were sittings of the Assembly on those two dates, even though there were attempts to scuttle them. As I conclude my submissions, we shall lead evidence at the opportune time to show that there was vandalism at the offices of the County Assembly and that the said vandalism was orchestrated by the Governor or at his direction. That is the evidence that we shall bring here. 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": 1589617,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589617/?format=api",
"text_counter": 153,
"type": "speech",
"speaker_name": "Mr. Erick Muriuki",
"speaker_title": "",
"speaker": null,
"content": "We shall also lead evidence to show that there has been a pattern of attempts to scuttle these impeachment proceedings right from the start and these attempts were made by the Governor. We shall adduce evidence to show that the Governor took every possible step, whether legal or otherwise, to try and stop and scuttle these impeachment proceedings. For these reasons, we submit that it is necessary, and this House ought to rule that the preliminary objection is untenable and that we proceed with hearing of the full case. My colleague will finalise our submissions."
},
{
"id": 1589618,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589618/?format=api",
"text_counter": 154,
"type": "speech",
"speaker_name": "Mr. Paul Wafula",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir and Members of the Senate, I will take a few minutes just to conclude our remarks on behalf of the County Assembly. I would just like to highlight the two-faced approach to the contest raised by the Governor. On one hand, the Governor is saying that there was no Motion, no resolution passed that is capable of coming before this Senate---"
},
{
"id": 1589619,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589619/?format=api",
"text_counter": 155,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Counsel, for the sake of the HANSARD, kindly state your name."
},
{
"id": 1589620,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589620/?format=api",
"text_counter": 156,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Technical hitch)"
},
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"id": 1589621,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1589621/?format=api",
"text_counter": 157,
"type": "speech",
"speaker_name": "Mr. Paul Wafula",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir, before I proceed, my name is Paul Wafula. I am an advocate and I am part of the team representing the County Assembly. Given the disruption, I kindly request that I be added some time since I have not utilized my time."
}
]
}