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{
    "id": 1388690,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1388690/?format=api",
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    "content": "Directions are hereby given to the Office of the Clerk to immediately issue summons and facilitate the appearance of Mr. Oyagi in the Senate tomorrow, Thursday, 14th March, 2024 at 2.00 p.m. The necessary adjustment to the proceedings shall be made to facilitate this. (2) On the Preliminary objection to certain paragraphs contained in the bundle of documents submitted by the Deputy Governor and the request that they be expunged from the record on the grounds they are irrelevant to the current proceedings as they are in answer to allegations or charges that were not made by the county assembly, the same be disallowed as no prejudice to the County Assembly has been shown. The Senate is competent enough and will make a determination on the relevance of any evidence adduced before it. (3) For similar reasons, the preliminary objections raised on behalf of the Deputy Governor that certain paragraphs in the bundle of the documents with the County Assembly be expunged on the ground they introduce new evidence is disallowed on the basis that the objection of necessity requires evidence to be adduced and its support or rebutted. This can best be achieved in the course of the hearing. I therefore rule that this objection be subsumed and taken up by the defence in the course of the presentation of the case of the Deputy Governor. On the objection of counsel of the Deputy Governor, that the proceedings at the County Assembly were conducted outside of the timelines provided for in the County Governments Act and the Standing Order of Kisii County Assembly, we are therefore fatally incompetent- I also rule that this is a matter of fact requiring the adducing of evidence. It will best be determined by hearing both parties and entertaining evidence that they have in respect thereof. This preliminary objection is accordingly disallowed at this stage. Finally, there is the matter of the appearance for the Deputy Governor by Hon. Silvanus Osoro, MP, serving in the National Assembly and who is also the Majority Whip in the National Assembly. It is recognized and provided for in Standing Order No.80(3) of the Senate Standing Orders that the Governor has a right to appear and be represented before the Senate or a Special Committee. This right is recognized under Article 50 of the Constitution. It is not in dispute that Hon. Osoro is an MP and a State officer in terms of Article 260 of the Constitution of Kenya 2010 Pursuant to Article 75(1) of the Constitution-"
}