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{
    "id": 1388688,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1388688/?format=api",
    "text_counter": 29,
    "type": "other",
    "speaker_name": "",
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    "content": "“Where particular question or matter including but not limited to questions of evidence, materiality, relevance, competence or admissibility of evidence and any questions consequential or incidental thereto, no provision has been made in the Standing Orders or in these Rules, the Speaker of the Senate shall rule on the question or matter and the ruling of the Speaker shall be final.” As rightfully pointed out by Sen. Sifuna, Rule 30 applies in circumstances where no provision has been made in the Standing Orders or these Rules. Where the Standing Orders and the Rules make provisions, naturally those provisions apply. Hon. Senators, ladies and gentlemen, as you will be aware the timelines provided for the disposal of these impeachment proceedings are tight. As you are also aware, the Senate while conducting the impeachment process is sitting as a tribunal in a quasi-judicial capacity. Article 159(2) of the Constitution requires that in exercising judicial authority, courts and tribunals be guided by certain principles, among them that justice be administered without undue delay or undue regard to procedural technicalities. It also requires that the purposes and principles of the Constitution be protected and promoted. Additionally, the Constitution under Article 259 requires interpretation of the Constitution that promotes its purpose, values and principles, that advances the rule of law and contributes to good governance. Hon. Senators, applying the Constitution, the County Governments Act, the Senate Standing Orders and the applicable rules, I rule as follows on the matters raised- (1) On the request for the summoning of Mr. David Haggai Oyagi, the Acting Director of Enforcement and Compliance County Government of Kisii pursuant to Rule 10, the same is permissible and is hereby allowed. With the caveat under Rule 20, that his evidence can only relate to the charges that were the basis of impeachment as read to the Deputy Governor. This is in recognition of the right to a fair trial that the Deputy Governor enjoys under Article 50 of the Constitution."
}