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{
    "id": 1038918,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1038918/?format=api",
    "text_counter": 119,
    "type": "speech",
    "speaker_name": "Mr. Harrison Kinyanjui",
    "speaker_title": "The Counsel for Nairobi City County Governor",
    "speaker": null,
    "content": "tabled before this House, the answer will be fumbling. If you ask them; is it not that Standing Order 72(2) states that they should provide the Governor with the evidence at least a few days before the debate on a Motion? This honorable House will find nothing that demonstrates - not even in the HANSARD of the Nairobi City County Assembly - that the mandatory requirement was met. Mr. Speaker, Sir, as a result, the bundle that is before you stand expressly barred which is the position of His Excellency the Governor of Nairobi City County, Gov. Mike Mbuvi Sonko, by the operation of Rule 19 of Part One of the Fifth Schedule to your Standing Orders. That is the standard against which, hon. Members will enquire, has the threshold for the evidence that the Nairobi City County Assembly presenting to us been met? Governor Mike Mbuvi Sonko in furtherance to his objection on a preliminary way insists that you allow the expression by way of Impeachment Bill of 2018. Section 15 (1) of the Impeachment Act states that a certificate must be produced before you, Mr. Speaker Sir, by the Speaker of the County Assembly, but there was non-compliance with that. Governor Mike Mbuvi Sonko has sworn a deposition stating that no evidence was presented before him. Pursuant to your Rule 19 of Part One of the Fifth Schedule, you will ask if that evidence is admissible. Is the evidence provided by the Nairobi City County Assembly one that can be looked into? It is barred by the express operation of your rules. This is an honorable House that is governed and regulated by its rules. Mr. Speaker, Sir, I am happy that you have issued Solomonic rulings and directions. Governor Mike Mbuvi Sonko is humbly requesting that this House abides by the rules of the Standing Orders of this House. The accusations leveled against him were contained noting what the Speaker stated in the opening of this Session. The Speaker enumerated and said that on the 4th of December, 2020, he received a communication from the Speaker of the Nairobi City County Assembly that contained the Motion that contained the charges leveled against the Governor of Nairobi City County Government, the list of the Members who allegedly subscribed to that Motion and the HANSARD of the impeachment proceedings. Mr. Speaker, Sir, that communication did not contain a list of the witnesses that are now sought to be introduced. Backed by your Rule 19, you cannot look at those documents containing the evidence against the Governor. The Nairobi City County Assembly has stated that they will call evidence to demonstrate, but I am afraid the Rule 19 of Part One of the Fifth Schedule to your Standing Orders expressly forbids such a move. That is the gist and thrust of our preliminary objection. The Nairobi City County Assembly has stated that Governor Mike Mbuvi Sonko, refused to assent to the Nairobi City County Appropriations Act of 2020. However, they needed to inform you in their opening statement that is a matter pending before court. As late as yesterday, the constitutional court declared itself before the Hon. Justice Murima, Constitutional Petition No. E348 of 2020 which has another hearing date on the 18th of December, 2020. Mr. Speaker, Sir, Standing Order 98(3) (c) forbids this House from venturing on matters before court. May I remind this House that you have deference for our courts. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}