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{
    "id": 1038921,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1038921/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Mr. Harrison Kinyanjui",
    "speaker_title": "The Counsel for Nairobi City County Governor",
    "speaker": null,
    "content": "delve into this, you give him the opportunity in furtherance of Rule 13, to demonstrate to you that the issues of his alleged commission of national crimes purported in the accusation No. 1(i), that he is not able to address the same matters sub judice. The issue of the alleged non-funding of the Nairobi Metropolitan Service (NMS), His Excellency the governor is not able to address you on that. He refers to your Standing Order No. 98 (3)(c) because the High Court in Petition E348 of 2020, Nairobi City County Government versus NMS, His Worship, Hon. Justice Mrima has stayed the operations of that Act under which, NMS has been claiming funds. How is it then that His Excellency can be accused of failing to release funds to the NMS in all fairness? You will, therefore, see that those charges, 90 per cent of which relate to court proceedings cannot be incised, removed from or otherwise, extricated from the last paragraph 4 allegations. Hon. Members, inevitably, we have to assess the application of Rule 19 of this Honorable House, Standing Orders to the Fifth Schedule Part 1. So that I yield the last 15 minutes to my learned friend Mr. Nyamu, so that he can demonstrate to you the position of the governor that what is masked as an impeachment process is a witch hunt because the governor has insisted on being a stickler to the law just as he is before you. They received the preliminary objection. They never filed any evidence. They filed nothing before the Assembly because nothing was tendered before you on the 4th of December. Hon. Members would have scrutinized that and by now, you would have known. You would have seen in the HANSARD by now. You would even have seen the veracity of the said alleged evidence. Mr. Speaker, Sir, there is one very fundamental aspect. If a person should be denied audience when faced with accusations and sentence is passed against them, is that not in violation of your Standing Order No. 75, that every person should be given a hearing? Even in the Standing Orders of the County Assembly, the governor wants to show you that in Standing Order No. 72 1(a), there was no compliance. If a man or a woman should be told I am charging you with this, but with no evidence, no court of law would convict them. Mr. Speaker, Sir, I, therefore, urge you to allow us as His Excellency the governor is beseeching you, that if a matter is pending before court, even the County Assembly lawyers will be aware to confirm that it is before the Hon. Justice Nduma Nderi today at 3.00 p.m. for a ruling. It is a live proceeding. Does it meet the threshold of Standing Order No.98 (3) (c)? It does. What do we do in the circumstances? We have to yield to the Standing Orders. They advise us, mark the way forward, and are the beacon light telling us that we must stay this hearing."
}