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"id": 1459151,
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"speaker_name": "Sen. Methu",
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"legal_name": "Methu John Muhia",
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"content": "Mr. Speaker, Sir, I also wish to comment on the statement that has been sought by the Senator for Meru. As my colleagues have said, this is new. Mr. Speaker, Sir, we were conversing here with the Senate Majority Leader. This is a constitutional matter that was brought to the attention of the Judge of the High Court. You said that this is a serious matter that must be addressed. So, you sent it back to Njuri Ncheke. There are two issues. Firstly, the Senator for Meru has confirmed to us that he is a member of Njuri Ncheke. How is he supposed to address this matter? If the County Assembly of Meru processes the Motion, it will come to this particular House and he will sit here as a Senator, yet he has been on that matter during the ADR mechanism. The second question we are asking ourselves is if this jurisprudence will be carried, what if tomorrow Judges of the Supreme Court, considering a presidential petition, ask the players and parties to go for ADR, including the Kenya Conference of Catholic Bishops (KCCB) or the Supreme Council of Kenya Muslims (SUPKEM) to arbitrate over such a matter? Finally, looking at Article 159, where traditional dispute resolution mechanisms can be used, it does not have a clear process for processing an impeachment Motion. It is processed at the county assembly before coming to the Senate; there is no other route. I am happy that members of the Njuri Ncheke have said that they do not have the capacity to look at this matter. It then brings us to the question; if such a matter had been taken to court in another county that does not have a council of elders, what would have been the ruling on such a case? We are very disappointed. I agree with the Senate Majority Leader that even as we give powers to the Judiciary, they must also be accountable. Whom are they accountable to? We, as a House, are accountable to the people of Kenya and are subjected to an election after every five years. Who are the judges accountable to when making such decisions? The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}