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{
    "id": 1204796,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1204796/?format=api",
    "text_counter": 550,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "(d) THAT, the Petition by Owuor Steve Gerry discloses serious violations of the Constitution or other laws, gross misconduct, and incompetence as grounds for removal of Ms. Juliana Whonge Cherera, Ms. Irene Cherop Masit, Mr. Francis Mathenge Wanderi and Mr. Justus Abonyo Nyang’aya as Commissioners of the Independent Electoral and Boundaries Commission. 2. RESOLVES: (i) THAT, the petitions herein together with the materials in support thereof be sent to His Excellency the President pursuant to Article 251(3) of the Constitution; (ii) THAT, His Excellency the President appoints a tribunal to deal with the matter in accordance with Article 251(5) of the Constitution; and, (iii) THAT, His Excellency the President suspends the commissioners herein pending the determination by the tribunal. Hon. Speaker, the House will recall that four petitioners came to the National Assembly with petitions that those four commissioners be removed from the IEBC. You referred the petitions to the Departmental Committee on Justice and Legal Affairs. In spite of the fact that we had 14 days, we did the best we could. Thank you very much for granting us a three-day extension. I will start by thanking those Members of the Committee who sat throughout the assigned period for hearings. I thank the secretariat for the good work done. I report to this House this afternoon that we have two volumes of the Report which we have tendered to the House for consideration. Every Member can obtain those volumes and read them for themselves. In my estimation, in spite of all the hurdles that were thrown in its way, the Committee did a fantastic job. We were able to sit, hear and make recommendations. There were many issues that were raised and all of them are addressed in this Report, including our jurisdiction, what role we had to play and whether there was anyone else mandated to do this work. Eventually, we found that we were the right Committee to deal with it and that is why we listened to everyone and came up with the Report. All the petitioners appeared before us. They were heard and everything they said is in the Report. We also afforded adequate opportunity to the respondents - the four commissioners. I am pleased to report to the House that they were represented by counsels who made representations which we took into consideration while drawing the Report that we have brought to the House. We have a true record of what took place. Members of this Hon. House should read and know what was said and what we did. Having listened to the petitioners, we came up with a decision as to whether any of the petitions made disclosures and I am happy to report to the House that after agonising for a couple of days away from Parliament, we were able to establish that each of those petitions disclosed a ground upon which each of the four Commissioners can be removed from office. We therefore, came to a conclusion – and made recommendations that the entire two volumes of the Report, including all the materials – that the petitions, responses and the letters that were written be forwarded to His Excellency the President so that he can appoint a tribunal to deal with these four Commissioners who actually, deserve to be removed from office on grounds of gross misconduct, violation of the law and everything else they did which was untoward. I do not wish to go into the evidence that was adduced before the Committee because it would take time. It is on record and I would adopt it as it is. Let everyone read and acquaint themselves with the Report so that we are able to debate soberly. This is a Report of the Committee which this House can either adopt or reject. The electronic version of the Official Hansard Report is for informationpurposes only. A certified version of this Report can be obtained from the Hansard Editor."
}