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{
    "id": 1470491,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1470491/?format=api",
    "text_counter": 2076,
    "type": "speech",
    "speaker_name": "Mr. Elisha Ongoya",
    "speaker_title": "",
    "speaker": null,
    "content": "The decision was yours, and the HANSARD of this House shows that even this Senate was abhorred by the misogyny that was displayed in those videos. The Governor is not creating a narrative of misogyny. She presented evidence of misogyny before this House. A narrative has been created here that this Governor has been given two opportunities before. An impression is being created that this Governor was perhaps convicted and pardoned. The truth is, this Governor has been acquitted on every other occasion that she has been brought here. Therefore, you cannot blame her for whatever decision this Senate made based on the evidence that has been brought before the Senate. The case of Martin Nyaga Wambora before the Court of Appeal of Kenya, set out the principle that allegations for removal of a governor must be serious, substantial and weighty. Mr. Speaker, Sir, let us face it. If we want to look for technical infractions of law, that is easy. We can get a technical infraction of law on any officer in any office or any citizen in whatever situate. The principle, as enunciated by our courts, is that to remove a Governor from office, the allegation must be serious, substantial and weighty. It is in this context that I understood the clarification as sought by Sen. M. Kajwang’, as to whether labour or employment disputes would form a basis of an Impeachment Motion. This institution of Parliament has employees. I leave it to your own assessment as to whether there are any employees that have ever taken this institution to court. What is sure is that we have an entire Employment and Labour Relations Court, whose business is to resolve labour disputes every day. We do not create institutions for fun. That institution was created because there was an understanding that in our day-to- day lives, people are going to have labour disputes. Therefore, to use a labour dispute that is properly before a court of competent jurisdiction to remove a Governor from office, that in and of itself does not pass the test of seriousness, substantiality and weight. The Court of Appeal also established, as a principle, that a nexus must be drawn between the Governor and the alleged gross violations of the Constitution or any law. Where the CPSB, for example, fails to interdict or suspend an employee who is charged in a court of law, it strains my imagination how anyone within the most fertile imagination on earth can create a nexus between that and the Governor? I leave it to the distinguished House here to make a decision on that question. In conclusion, distinguished Senators, I have been reflecting on the life and the times of Hon. Kawira Mwangaza. In my other world, I am a teacher and I talk to my law students every day in a mentorship programme. I was telling them that in the fullness of time, when I am tasked to make my intellectual contributions on gender and the law, my writing will not be on the two-thirds gender principle, it will be on the struggle to sustain a woman governor in Meru County. It is difficult for me to imagine of any public official in this country who has been subjected to the trials and tribulations of this Governor. I look at this Governor who stands here and see either my elder sister or mother. I cannot imagine of a lesson in resilience than that, which is embodied in this woman who sits here before you as Governor. 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."
}