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{
    "id": 1465092,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1465092/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Mr. Boniface Mwereru Mawira",
    "speaker_title": "",
    "speaker": null,
    "content": "oversight role if its summons, statements, resolutions and even recommendations are ignored and disregarded by the County Executive under the watchful eye, cover and protection of the Governor? The County Assembly summons witnesses to appear before it but members of the Executive do not heed such summons. What redress is the County Assembly left with other than coming before you? This House is a protector of devolution and we beseech you to protect devolution that is on its deathbed in Meru County. Hon. Senators, we shall demonstrate countless discreditable acts, all of which amount to gross violation of the Constitution and other laws, abuse of office and gross misconduct. I am not belittling what my learned Senior said, that money has been lost. However, there is a lot of misinformation out there that for you to succeed in an impeachment process or for an impeachment charge to be upheld, you need to show that money has been lost or there was misappropriation. I will refer to Article 181 of the Constitution and its replica in Section 33 of the County Governments Act. The Constitution talks about gross violation of the Constitution, gross misconduct or abuse of office. That provision is to be read holistically and together with Article 75(1) of the Constitution, which talks about the conduct of state officers. I will read it- “A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids-- (a) any conflict between personal interests and public or official duties; (b) compromising any public or official interest in favour of a personal interest; or (c) demeaning the office the officer holds.” That is a provision. It is not just a matter of misappropriation or loss of money. Your conduct as a state officer, whether in public and official life or private life, would equally meet the threshold for impeachment. I will not state names, but we have seen in this very Republic, gross misconduct by state officers elsewhere. They have been held to account notwithstanding that there was no loss of money. Mr. Speaker, Sir, we will show you specific acts by the Governor in her own name. Therefore, the defense of; “it was not me” does not avail itself. Of course, attempts have been made by the Governor to deflect these specific acts on her part, including, forgery of documents. Those documents have been filed and are before you, hon. Senators. Those documents which the County Assembly has are outright forgeries. They are meant to hoodwink and deflect the attention of this House from the real issues. For example, that forgery relates to a specific act by the Governor in revoking the appointment of the Chief Executive Officer (CEO) of the Meru County Public Service Board. Letters have been forged to cover up and hoodwink this honourable House to divert attention from that specific act in her own name by her own signature and under her own hand. Mr. Speaker, Sir, we are going to demonstrate that the Governor has persisted in a path of impunity through the County Secretary and the Chief of Staff. This has been raised in previous impeachment proceedings and the Governor said it was not her. Luckily, the law envisages such a situation as the one before you where, a state officer or a public officer says; “it was not me, it was so-and-so”. Section 24 of the Public Officer Ethics Act and Section 35 of the Leadership and Integrity Act are about the conduct of a state officer acting through others. Those provisions are expressed that public officer is still liable for the acts that are done through others. So, even if The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."
}