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{
    "id": 1480470,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1480470/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Kibwezi West. MCCP",
    "speaker_title": "Hon. Mwengi Mutuse",
    "speaker": null,
    "content": "Therefore, as much as I also have departed relatives, I will not talk about them. Hon. Speaker, before I start going count by count, allow me to state two important questions, and I want Hon. Members to listen. These two things are important because this is a historic and constitutional moment because Kenya under the 2010 Constitution has never dealt with the impeachment of a Deputy President. However, we have dealt with the impeachment of governors numerous times. Our courts of law have set the threshold on which the impeachment should be considered. From the outset, I need to set out the threshold on which impeachment should be considered so that, as I take you through the evidence that we have, you can gauge it against what the courts of law have decided. Hon. Speaker, allow me to read Paragraph 31 of Civil Appeal No. 21 of 2014 famously called the ‘Wambora Decision’. The ‘Wambora Decision’ is now the locus for most of the impeachment cases and has been cited with the approval by our Supreme Court. In Paragraph 31 the court stated as follows: ‘‘Our reading and interpretation of Article 181 of the Constitution as read with Section 33 of the County Government Acts shows that the removal of a governor is a constitutional and political process. It is a sui generis process that is quasi-judicial in nature and rules of natural justice and fair administrative action must be observed.’’ What I am going to read is the most important part: ‘‘The impeachment architecture in Article 181 of the Constitution reveals that the removal of a governor is not about criminality or culpability, but it is about accountability, political governance as well as policy and political responsibility.’’ The couching of Article 181 in the Constitution which relates to the removal of a governor is similar to the couching of Article 150 which relates to the removal of a deputy governor and, therefore, mutatis mutandis . The Court of Appeal stated that the removal of a governor is not about criminal or culpability, but accountability, political governance as well as policy and political responsibility which apply when it comes to the removal of a deputy president. 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."
}