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{
    "id": 1361633,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1361633/?format=api",
    "text_counter": 1539,
    "type": "speech",
    "speaker_name": "Mr. Jacob Ngwele",
    "speaker_title": "",
    "speaker": null,
    "content": "The Senate is sitting here pursuant to Article 181 of the Constitution, which provides for removal of a governor from office. The question that arises and which begs this House to look at is what is the standard, which this House should apply on the evidence, which has been submitted by the County Assembly of Meru? My learned Senior, Elisha Ogoya when we started, informed the Senate that this House is sitting in quasi-judicial proceedings. I beg to differ. The test applicable when we are evaluating the evidence, which has been submitted here, has already been established by the Supreme Court in two cases. The first one is the case of Wambora and the other one is Mike Mbuvi’s case whereby the court was clear that impeachments are a tool of political accountability. Impeachments are neither criminal nor civil proceedings. Therefore, the applicable standard before this House has already been established that the burden of proof, the standard of proof is slightly above that of civil cases on a balance of probability and beyond the reasonable doubt. So, this House is not evaluating the Governor’s criminal culpability. It is subjecting the Governor to political accountability for the actions of the office which she occupies and the deeds which she has undertaken throughout that period of time. It is our submission that the County Assembly of Meru has demonstrated and proved its case in accordance with the standards and tests which have been laid out by the Supreme Court in its decision. I will proceed to take this House through the specific violations which have been submitted. The charge sheet before you has seven counts. Out of the seven counts, 39 consists of specific violations."
}