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{
    "id": 1470990,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1470990/?format=api",
    "text_counter": 156,
    "type": "speech",
    "speaker_name": "Mr. Ndegwa Njiru",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, at page 64 of the said document, you will find another affidavit of service deponed by Joel Maitethia M’Rukunga. He depones at paragraph two, that on 31st July, I received a copy of the Notice of Motion for the removal from office of the Governor of Meru County by impeachment from Hon. Zipporah Kinya and the deputy leader of the majority party, County Assembly of Meru, with instructions to effect service upon Her Excellency, the governor of Meru County, Hon. Kawira Mwangaza and the Speaker of the County Assembly. He says that on the same day, he proceeded at around 4.17 p.m. to the office of the governor- “I served the aforementioned document to Fridah, the secretary to the Governor, Meru County by giving the copy to her and requiring her signature at my principal copy.” This is clear evidence that there was effective service. The question is whether there was response and whether there was attendance from the Governor. She will be telling us in our cross-examination whether she did attend. That answers the first and the second issue on whether there was communication. Whether there was evidence that was tabled to challenge the notice, there was no correspondence or pleadings that were filed before our clients, challenging or responding to the invitation and challenging the notice of impeachment. We are not aware of one. Mr. Speaker, Sir, the impeachment notice at the County Assembly went uncontroverted and unchallenged. As to the question of the Auditor-General’s report and on whether it can form the basis of this impeachment, I will draw your attention to Article 10 of the Constitution because that is a legal question. It lays down the national values and principles of governance, which Article 10 provides and binds all state organs, state and public officers and all persons whenever any of them applies in the presence of the Constitution. In this case, we are applying the Constitution and any other related law. One of the principles is that of accountability, transparency, the rule of the law and good governance. The Article establishing the office of the Auditor-General, it comes to scrutinize and lay effect to the implementation of Article 10, whether there was accountability, transparency and whether the rule of law was followed in public expenditure. This must be read together with Article 201 of the Constitution that provides and lays down the principles on how public resources must be expended. One of the overriding principles is that there must be prudent utilization of the resources and secondly, when reading the Constitution, we must read it as a whole with any Article reading life to the subsequent one. This means that if an office has been established by the Constitution, such as the one for the OAG, it must be seen as a complimenting office, that compliments the principles laid down under Article 10, pursuing the doctrine of transparency, accountability, of the observation of the rule of the law and the doctrine of good governance. Mr. Speaker, Sir, when an issue has been raised---"
}