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{
    "id": 1039732,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1039732/?format=api",
    "text_counter": 796,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "The problem is that we did not have a pretrial process, so that there are agreed documents. For Mr. Kinyanjui, may I suggest that if you find at the tail-end he has not dealt with the substantial issues and take all his time on procedural issues. Mr. Speaker, Sir, in a trial of this nature, I wanted to propose to you that even the Evidence Act does not apply. The Evidence Act clearly states where that statute applies. Even in quasi-judicial proceedings, like the commissions of inquiry, you will find most of the time, they state clearly that the Evidence Act will not apply. In the Senate, the most important rule is the Rule of Relevance. That is a substantial rule. So long as you are relevant, even you, Mr. Speaker, Sir, cannot stop me. However, because we are time-bound--- I pity both sides because the case before us is neither being made out nor being rebutted. We are just dealing with issues that have got no substance. Article 159 of the Constitution talks about substantial justice as opposed to technicalities. As the Attorney-General emeritus has said, these are not judicial proceedings. In fact, I may say, what we are addressing here is basically a political question. Like they say in the United States of America (USA), impeachments address pollical questions. That was said even in the Gov. Wambora case. So, I would urge that we use the time usefully so that there is quality of arms. I know that we have only two hours. I guess if Mr. Ndegwa also takes the same time cross- examining the other side, by 6.30 p.m., we will be complaining that let have another day or two more hours. However, we are time bound and you cannot do it. You must report the outcome of these proceedings by Friday."
}