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{
    "id": 1371615,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1371615/?format=api",
    "text_counter": 133,
    "type": "speech",
    "speaker_name": "Mr. Elisha Ongoya",
    "speaker_title": "",
    "speaker": null,
    "content": "Secondly, the diversity of this House in terms of the origin of the decision makers implies also that the members of this House are not contaminated by local politics. Thirdly, this House in terms of the architecture, design of the Constitution and the decision-making process in this matter is expected to bring the much desired objectivity in this process. The Hon. Kawira Mwangaza also takes this opportunity to reflect on the constitutionally prescribed grounds for removal of a governor from office. Mr. Speaker, Sir, we appreciate that this was one of the first Orders you took Members through. It is critical that throughout this process, we keep these criteria at the back of our minds. The drafters of our Constitution grafted grounds using specific adjectives. First, the gross violation of the Constitution. I have been asking myself why not just “violation of the Constitution?’’ Secondly, where there are serious reasons for believing that the County Governor has committed a crime under national or international law. Again, I was reflecting on the question, why not just “reasons to believe” but “serious reasons to believe’’. Thirdly, the abuse of office and gross misconduct. Mr. Speaker, Sir, and distinguished Senators, I asked myself why not just “misconduct?’’ It is our humble submission that it cannot be for nothing that the framers of our Constitution and the law used these descriptive words. Whereas the Constitution and the statute does not give us the definition of gross misconduct, the Supreme Court of this country, which is an important institution in giving meaning to our Constitution, has supplied us with the meaning of those terms in a process that involves the removal of a judge from office. This was in the case of Muya versus the tribunal appointed to investigate the conduct of Justice Martin Mati Muya. In the interest of time, I will pick out the attributes that the Supreme Court said constitute gross misconduct. The Supreme Court used the following words- “It must be atrocious, colossal, deplorable, disgusting, dreadful, enormous, gigantic, grave, heinous, outrageous, odious, and shocking”. These are not my words, but those of the apex court of the Republic of Kenya giving all of us guidance on how to deal with matters such as this."
}