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{
    "id": 1072730,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1072730/?format=api",
    "text_counter": 213,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "impeachment process - as I have indicated earlier on - is not a legal process. When you look at the jurisprudence of impeachment across the world, some people have been impeached from office not on criminality issues, but sometimes on civil issues, incompetence and morality issues. Therefore, it is more of a political process as opposed to a legal process. Mr. Speaker, Sir, when Wajir County Assembly impeached the Governor before us had 17 accusations levelled against him. For some of us who were following keenly, we wanted to give the Governor, the County Assembly and the great people of Wajir County - who are more than 755,000 or thereby; 49 persons per square kilometre and one of the largest county in terms of land mass in this country - an opportunity for their case to be heard. They have had their case heard in this House. Under Article 181 of the Constitution of Kenya, 2010, the grounds of impeachment of a governor have been set out properly. On those four grounds, the County Assembly tried to raise their concerns. I want to salute the Committee. I have read their report. They have tried to be as thorough as much as possible. They have tried to give a snippet of what they think should be right. There was push and pull. Some Senators wanted Plenary while others wanted the Committee way. I think this is the first time the Senate is more confident in the Committee work. I want to assure the people of Wajir and Kenyans at large that Parliament - I said this when we were forming the Committee - can either work through Plenary or a Committee. The fact that committees work across the country means that they are doing their parliamentary work. I want to appeal to many people who do not understand the role of the parliamentary process that Parliament can work through Plenary or the Committee. Article 181 of the Constitution, and Section 63 of County Government Act is pivotal. The Committee has been looking around the four issues, which include gross violation of the Constitution or any other law; that the County Governor has committed a crime under national and international law, abuse of office or gross misconduct, physical or mental incapacity. Those were the fulcrum that the Committee was trying to look at. Mr. Speaker, Sir, many people have been arguing what is the role of county governors? Governors enjoy an executive authority that is not only vested on county governor, but also on the executive as provided under Article 226 (5) of the Constitution. Therefore, they enjoy executive authority. I want to advise the Governor, if he survives or not, if the holder of a public office, including a political office directs or approves the use of public funds, contrary to the law or instructions, the person is liable for any loss arising from that use and shall make good the loss, whether the person remains the holder of the office or not. It is very important that as we discuss people who are facing impeachment process in any forum, including here, they must be aware that the liability does not stop here. If there are any liabilities that will be held somewhere else, they must be ready. There are so many recourses that the people of Wajir, the Governor and others; that risk their liability after this process is concluded by the Senate. Mr. Speaker, Sir, I have looked at the report. I have read allegations raised by the County Assembly. We appreciate the role the county assemblies are doing across the country. We know their role. They provide what we call primary oversight that we have as a nation. That is the authority that they are vested."
}