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{
    "id": 1041930,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1041930/?format=api",
    "text_counter": 1486,
    "type": "speech",
    "speaker_name": "Mr. Evans Ondieki",
    "speaker_title": "The Counsel for the Nairobi City County Governor",
    "speaker": null,
    "content": "Before you is a Motion that will go to the annals of history because you are no longer sitting as Hon. Members but as judges. I wish to give 10 reasons this Motion should fail. In the process, I will also answer the concerns raised by the Hon. Senators for various counties. Number one, there is no proper service. From the Senate to the Governor, there is a process server who served. But from the County Assembly to the Governor, there is no proper service. They have already told us that the Governor was locked out of the office and they served him in his office. They have not disclosed which office. Already, we know that he was barred from going to the office. This is ground one why this Motion must fail. By necessary extension, I am answering the concerns raised by Sen. Madzayo that the Governor was not accorded a fair hearing. If you look at Article 50(2) (b) and (c) it says that any charges must be served upon the other respondent in good time, so that they have a chance to prepare their case and know what charges they are facing. If this is a removal on integrity, then when you interrogate the process that was used to remove the Governor, it was not transparent, accountable, verifiable and does not comply with the principles of good governance. It violates each and every value of Article 50(2) (a) up to (f) of the Constitution. If you look at the architects of this Constitution, they made sure that they separated roles put at the national Government and County Government because they wanted to emphasize the doctrine of separation of powers. That is the essence of Article 174 (i) on checks and balances and separation of powers between the County Executive and the County Assembly, which has not been complied. Since we are all Muslims, Christians and the other religions, we believe in certain values. The Governor is a human being. We are not angels who live in heaven. People may make mistakes, but I am submitting that the mistakes highlighted here do not constitute impeachable offences. Impeachment constitutes serious crimes and misdemeanors, if you look at all constitutions of the world. There are no serious crimes highlighted here. If it is outburst of freedom of speech where people have spoken folly, they can be forgiven. These are our children but it is not a ground of impeachment. Sen. Nyamunga, the Governor continued with giving bursaries to everybody and has never discriminated. This is a Governor who carries bodies once people die, from Nairobi to all parts of Kenya. Not many people can do that. He gives people water in the slums. He listens. Madam Deputy Speaker, I submit that suspicion, no matter how serious, cannot be the basis of impeachment or conviction on impeachment. I wish to highlight to you that in this age of technology, WhatsApp, Instagram and all the others; you see a lot of things on the internet, but they are not criminal in nature."
}