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{
    "id": 1038928,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1038928/?format=api",
    "text_counter": 129,
    "type": "speech",
    "speaker_name": "Mr. Evans Ondieki",
    "speaker_title": "The Counsel for the Nairobi City County Governor",
    "speaker": null,
    "content": " Hon. Members of the Senate, this is the biggest court in the Commonwealth because today as you sit, you sit as the biggest court which will perform a judicial function. That means that procedure is critical. I urge you that the Senate has protected devolution, provided leadership and protected democracy. We urge this Senate, as you sit as a Supreme Court, that because the County Assembly is bound by Article 10 and 47, procedure must be law. I submit that there is no proper Notice of Motion before the Senate that it will warrant an inquiry for impeachment, because the County Assembly flouted all their rules. They flouted all their Standing Orders. They flouted the Constitution. That is why we are saying the Senate as the protector, promoter and defender of democracy, the rule of law and constitutionalism must stop this in its tracks. Let this Motion go back to the County Assembly. Once it is properly formulated and it follows the procedure then it lands back to your desk. Mr. Speaker, Sir, I do not want to repeat but I also wish to point out that that the doctrine of separation of powers is very clear. The courts are inquiring, and the courts are independent institutions competent to inquire. It is only fair and just within the context of Standing Order No. 98 of the Senate that there are active cases that are going on in the High Court and the lower court. It is only fair and just that this is allowed to be concluded, then these matters can be properly addressed depending on the outcome of those proceedings. Honorable Senators, I wish to take you to Pontius Pilate when he went to sleep at night with his wife. The wife told him that that man is innocent. The following day he had a chance to release one person and there were two people, Barabbas and Jesus. When he said who do you want me to release, the people shouted Barabbas. However, you all know that Barabbas was not the innocent person. The innocent person was convicted. Mr. Speaker, Sir, with those few remarks, I urge you to protect the rule of law and constitutionalism."
}