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{
    "id": 1478892,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1478892/?format=api",
    "text_counter": 43,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Order! Order, Members! Hon. Members, Article 150(2) of the Constitution provides that the provisions of Article 145 of the Constitution shall apply, with the necessary modifications, to the removal from office, by impeachment, of the Deputy President. In particular, Article 145(1) of the Constitution provides that— “a member of the National Assembly, supported by at least one third of all the members, may move a motion for impeachment of the President— (a) on the ground of a gross violation of a provision of the Constitution or of any other law; (b) where there are serious reasons for believing that the President has committed a crime under national or international law; or (c) for gross misconduct.” Procedurally, Standing Order 64(1) provides that – “Before giving notice of motion under Article 150 of the Constitution, a Member shall deliver to the Clerk a copy of the proposed motion in writing— (a) stating the grounds and particulars in terms of Article 145(1) of the Constitution upon which the proposed motion is made; (b) signed by the Member; and (c) signed in support by at least a third of all the Members.” Further, Standing Order 64(1A) lays out the criteria for admissibility of grounds for removal from state office. For clarity, Standing Order 64(1A) states and I quote— “(1A) The grounds specified in a motion under this Standing Order shall be admissible if— (a) framed clearly to particularise and disclose a gross violation of the Constitution or other written law, where gross violation of the Constitution or other written law is indicated as a ground for the intended removal; (b) stating with precision, the provisions of the Constitution or other written law that are alleged to have been grossly violated, where gross violation of the Constitution or other written law is indicated as a ground for the intended removal; and (c) accompanied by necessary evidence, including annexures or sworn testimonies in respect of the allegations.” The foregoing procedural and legal requirements for processing Special Motions are buttressed by precedents and jurisprudence in various Speaker’s Rulings and Court decisions. Today, I will refrain from re-stating the jurisprudence and focus on determining the admissibility of the Notice of the proposed Special Motion filed by the Member for Kibwezi West. In determining the admissibility of the Special Motion, I am required to examine its form, threshold, framing of the grounds and attachment of the necessary evidence. Standing Order 64(1) provides for the criteria for determining whether the proposed motion meets the requirements of the Constitution and the Standing Orders as to form and the threshold. On form, it should— (a) be in writing; 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."
}