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{
"id": 1402623,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1402623/?format=api",
"text_counter": 122,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
},
"content": "An impeachment process is not an easy thing. Unfortunately, to those whom that power is given, they do not treat it with the seriousness it deserves. An impeachment process at the county assemblies is done the same way it is done in this House. I have seen more than 10 impeachments in this House. The things you do here as Senators is what our Members of County Assemblies (MCAs) do. I know Members know what I mean when I say ‘the things you do.’ Imagine a situation where the only thing that saves the day is that you need at least half of the Members of this House for an impeachment process to go through. The threshold was extremely low in this particular instance. Therefore, I agree with the thinking to raise the threshold, so that it is a bit higher. On flimsy grounds, somebody cannot just be removed as a County Executive Committee Member (CECM), so that people are able to carry out their duties. Mr. Speaker, Sir, you can imagine with the diversity of our counties, if a CECM was to fall out with the MCAs from a particular sub-county, on account of a decision that has been taken in the greater interest of the entire county. What will happen is that the particular CECM, on account of petty little politics, can lose their job, yet up to now, we do not have sufficient jurisprudence on what happens when somebody is impeached. In fact, this afternoon, I met the former Governor Sonko, one of the victims of an impeachment process of this House. During his impeachment, it was clearly demonstrated to us in this House that the threshold was not achieved at the County Assembly of Nairobi City County, yet like I have explained earlier, there are many things that happen in an impeachment exercise. The Senator for Makueni County knows this because he appeared here as advocate for Governor Sonko in that impeachment hearing. He knows what happened. I am not sure how Sen. Wambua voted in that one. Impeachments have become political processes, yet they have very serious legal and constitutional consequences. We cannot afford to allow that anybody--- I suggest that we exercise our mind better even in the impeachment process of the Senate. The only unfortunate thing is that it is a constitutional threshold, because the process does not matter. What matters is at the end when they eventually call the Senators to vote. For example, Sen. Godfrey Osotsi, Senator for Vihiga is called upon to vote and he rises and say he votes ‘yes’ or ‘no’. At the end of the day, the process that has gone through does not matter. He can also choose to abstain, just the way other Senators do because of many other reasons. Therefore, I like the fact that we are raising the threshold. By the time two-thirds of the members of an assembly are agreeing and concurring that something is wrong with you, definitely something is the matter. However, a third was too low a threshold. Therefore, I urge colleagues that we support this Bill. It is a good thought, but I have expressed concern. Sen. Abbas is in the House. As the Chairperson for the Standing Committee on Devolution and Intergovernmental Relations, there is something you must do for us. These piecemeal amendments of the County Government's Act are not good. I say so because after the passage and assent of this Bill in both Houses of Parliament, you publish a new County Governments Act. I know there are other draft legislative proposals to further amend the County 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."
}