Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1409969,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1409969/?format=api",
    "text_counter": 106,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "1. That all Special Motions brought before the House under Article 152(6) of the Constitution should comply with thresholds established by the courts of law as to what constitutes gross violation of the Constitution or gross misconduct under the Constitution. 2. That the question of determining what constitutes gross violation of the Constitution or gross misconduct is one that clings and hangs on the impeachable authority of the House and is exercisable in two instances: - Firstly, at the point of the approval of the Special Motion for impeachment or dismissal by the Hon. Speaker pursuant to Standing Order 47(3)(b) and (e) which requires the Hon. Speaker to be satisfied of the constitutional and evidential propriety of the Special Motions. Secondly, at the point of investigations conducted by the relevant Select Committee or tribunal, pursuant to the provisions of the relevant Article of the Constitution. 3. Averments made in the Special Motions should be accompanied by the necessary evidence including annexures and sworn testimonies in respect of the allegation as may be necessary. Hon. Members, our courts have also grappled with the question of the threshold for admissibility of impeachment motions. This has led them to set a standard for determining what constitutes \"gross violation of the law\" or \"gross misconduct\" in impeachment processes through a number of precedent-setting cases. Notably, the High Court of Kenya, in Martin Nyaga Wambora and 30 Others versus the County Assembly of Embu and 4 others (Embu Constitutional Petition Nos.7 and 8 of 2014), considered the issue of the required threshold for determining what amounts to a gross violation of the Constitution and gross misconduct in impeachment processes. With regard to what constitutes gross violation of the Constitution, the court observed that the charges framed against the governor and the particulars thereof must disclose a gross violation of the Constitution or any other written law; and the charges as framed must state with degree of precision the Article(s) or even Sub-Article(s) of the Constitution or the provisions of any other written law that have been alleged to be grossly violated. Hon. Members, the court further gave examples of constitutional provisions whose violation would constitute gross violation of the Constitution. According to the Court, these include: - 1. Chapter 1 – On the sovereignty of the people and supremacy of the Constitution, and more specifically Articles 1, 2 and 3(2) of the Constitution; 2. Chapter 2 – Article 4 that establishes Kenya as a sovereign multi-party Republic and Article 6 that establishes devolution and access to services; 3. Article 10 – On national values and principles of good governance; 4. Chapter 4 – On the Bill of Rights; 5. Chapter 6 – Articles 73 to 78 on leadership and integrity; 6. Chapter 12 – Article 201 on principles of public finance; 7. Chapter 13 – Article 232 on values and principles of public service; and 8. Chapter 14 – Article 238 on principles of national security, among other constitutional provisions. Further, in respect of what constitutes gross misconduct, the court observed that whether a conduct is gross or not will depend on the matter as exposed by the facts. It cannot be determined in a vacuum but in relation to the facts of the case and the law policing the facts. Gross misconduct is defined as ‘a grave violation’ or ‘breach of the provisions of the Constitution’ and a misconduct of such nature as amounts in the opinion of the House of Assembly to gross misconduct. Drawing from the foregoing, the House amended its Standing Orders at the end of the 11th Parliament to comply with the prescribed thresholds. Presently, our Standing Orders 64 The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
}