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{
    "id": 1402615,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1402615/?format=api",
    "text_counter": 114,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Section 40 (3) (a) states- “If a motion under subsection (2) is supported by at least one-third of the members of the county assembly— (a) the county assembly shall appoint a select committee comprising five of its members to investigate the matter.\" We need to rationalize this threshold. The removal of a CECM, the vote of no confidence, impeachment, and the right to recall are political processes that try to bring accountability to our offices. When you swear an oath in Parliament, you swear to uphold the rule of law. In another realm, this is a way of checks and balances. One of the ways of doing this is removing somebody incompetent in office. Sometimes, you could reprimand, recall, give show-cause letters and interdict. I thank the Committee on Devolution and Intergovernmental Relations, led by my senior, Sen. Abass, for doing a good job on these amendments. We propose deleting \"one-third\" appearing after and replacing it with \"Majority.\" This has been used before. In part (a), we remove the \"one-third” to put into a majority. The County Assembly of Nairobi has around 80 members. The majority will be 50 to 60 MCAs who sign for the removal. This will ensure the stability of your cabinet. I am told there is a viral video of the Speaker of the Nairobi County Assembly trying to hug a Member of the County Assembly forcefully, and it has caused consternation across the nation. We advise MCAs not to hug people forcefully because it can cause a lot of consternation. People such as Sen. Orwoba were up-in-arms on social media over that issue. Most MCAs fear the governor, but do not fear CECMs, chief officers or the directors. They would rather go for low-hanging fruits. As the governor of the region, they could end up undermining and frustrating your development agenda. Part B is deleting the words \"at least one-third\" and substituting them with \"majority.\" The parent Act states that – \"(6) If a resolution under subsection (5) (b) is supported by a majority of the members of the county assembly— (a) the speaker of the county assembly shall promptly deliver the resolution to the governor.\" Mr. Speaker, Sir, we need members to grasp what we are saying. This Bill proposes that the CECMs should be subjected to principles of natural justice. The CECM has a right to appear as we do in the Senate. The accused appears and defends themselves and may have a legal representative. These are the principles of the right of representation. The Parent Act has provided that – “5(b) substantiated, the county assembly shall vote whether to approve the resolution requiring the county executive committee member to be dismissed.\" We are amending subsection six by deleting the words \"a majority appearing after the words \"supported\" with \"at least two-thirds.\" The threshold should be very high to ensure due diligence. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}