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{
    "id": 1347272,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1347272/?format=api",
    "text_counter": 144,
    "type": "speech",
    "speaker_name": "Hon. Kingi",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "(ii) If the answer to (a) is in the affirmative, does the evidence relate to and verify the claim that was made and for which substantiation was required? Hon. Senators, that being the case, the first parameter to which is subjected the documents or material tabled was whether the evidence tabled was from a source which by Parliamentary practice is official and admissible. A review of the USB flash drive indicates that it contained a folder titled “Border Clashes in Kaptikany, Koitabut”. The folder had the following - (i) An undated 38 seconds TV 47 Kenya video clip showing images of dilapidated buildings and cut banana trees named “in a disturbing incident on August 15th, ‘year not indicated’ a group of over 100 youths attacked Koitabut village, Nandi County, leaving destruction in their wake.” (ii) An undated two-minute 25 seconds Citizen TV news video clip named “ Maafisa na wakazi wa Kapkitany wafanya kikao na viongozi kufuatia visa vya uvamizikaunti ya Nandi”. The video clip indicates that residents of Kaptikany Village in Aldai Constituency and security personnel in the area held a meeting following an attack on an individual in the area and that three houses were burnt and property destroyed. The news clip also indicates that the attack was an alleged retaliatory one, following the death of a gentleman in the area and destruction of his motorbike. The clip further indicates that three suspects have been arrested in connection with the retaliatory attack. (iii) An undated video clip named “VID-20231018-WA0000” showing a burnt structure and livestock; (iv) An image named “WhatsApp Image 2023-10-18 at 13.08.15” showing burnt livestock. As you are all aware, established practice in the Parliament of Kenya and in comparative jurisdictions is that extracts from newspapers and other media may not be tabled as evidence for substantiation of claims. This is buttressed at Standing Order No. 55 (1) which provides as follows- “the facts on which a request for Statement is based may be set briefly, but extracts from newspapers and other media or quotations from speeches shall not be admissible.” Consequently, and in accordance with this established parliamentary practice, the news clips from TV 47 Kenya and Citizen TV news tabled by Sen. Godfrey Osotsi, MP, are inadmissible for purposes of substantiating any claim. Hon. Senators, the second parameter, which is whether the evidence tabled relates to and verifies the claim that was made and for which substantiation was required. With respect to the video clip named “VID-20231018-WA0000” and “WhatsApp Image 2023-10-18 at 13.08.15, they show images of burnt livestock and structures. In my assessment, nothing in the video clips categorically states and refers to the allegation made by Sen. Osotsi. I therefore find it difficult to admit these two videos as evidence for substantiation."
}