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{
    "id": 1312963,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1312963/?format=api",
    "text_counter": 644,
    "type": "speech",
    "speaker_name": "Dr. Muthomi Thiankolu",
    "speaker_title": "",
    "speaker": null,
    "content": "First of all, Mr. Speaker, Sir, it is not correct to say that the Governor is in court because she is guilty of contempt. What is in court is sentencing. The liability is settled. The only other thing that is in court is the question of purging the contempt. So, there is no question of double jeopardy. As a matter of fact, the rule of double jeopardy does not apply to proceedings of impeachment. There are several rulings by the Supreme Court. I can quote Gov. Sonko case and Gov. Martin Nyaga Wambora’s case. The rulings that impeachment is not about civil or criminal liability. It is about political accountability. It is about ethics and the type of leadership and persons we want to hold certain offices. That is why Article 181 talks about a Governor may be removed from the office on gross misconduct, which need not be a criminal or civil offence. It can be anything that attracts serious moral censure. It talks of gross violations of the Constitution or other laws. In short, the Supreme Court has already answered this question of double jeopardy. That is why even the Court of Appeal and the High Court in Meru guided by the Supreme Court refused to stop this Senate from sitting on these charges and making whatever decision it would make. This is because the courts have already confirmed it is not about legalese and splitting legal hairs, civil or criminal liability. It is the question of whether the Governor, accused of the things we are accusing her of, which will prove, is the type of Governor we want to see holding a public office within the meaning of Chapter Six of our Constitution. It is not a legal matter. Lastly, I am told if this can be let to happen, then all I need is to always avoid impeachment, which is what the Governor tried to do at the High Court and the Court of Appeal where she failed. As a Governor, to ensure Article 81 is dead, whenever I breach the Constitution, I would ensure there is a court case, like it happened in this matter, where proxies were obtained to file various suits in court so that they can come under the pretext. Mr. Speaker, Sir, in your own Standing Orders, as well as those of the County Assembly, you note that the mere fact that the matter is in court does not stop the Senate or even the National Assembly. You can take notice that as I speak, there has been a matter in Shakahola, which is in various criminal courts. However, I have seen Committees of Parliament examining the same persons who are facing, not just employment courts, but criminal courts and nothing has stopped either the Senate or the National Assembly. Consequently, even your Standing Orders give you, the Speaker, the latitude to decide whether a matter that is in court should nonetheless be deliberated upon and the decision made by Parliament, in this case the Senate, as the representative of the public conscience."
}