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{
"id": 1481291,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1481291/?format=api",
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"speaker_name": "(3) Gross Misconduct",
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"content": "(a) by Resolution, appoint a Special Committee comprising 11 of its members to investigate the matter; or (b) investigate the matter in plenary. To this end, the Senator for Nairobi City County, Sen. Edwin Sifuna, MP, at an appointed time during this sitting, will give a Notice of Motion and move a Motion for the establishment of a Special Committee as indicated in Order No. 9 in today’s Supplementary Order Paper. Should this Motion be carried, the Special Committee will be required, under Section 33(4) of the County Governments Act and Standing Order No.80(2) of the Senate, to investigate the matter and report to the Senate within 10 days on whether it finds any of the particulars of the allegations against the Governor to have been substantiated. In the event that the Motion for the establishment of a Special Committee does not pass, the Senate shall proceed to investigate and consider the matter in Plenary. In this event, I will appoint the dates on which the Senate will sit in Plenary to hear and determine the charges against the Governor. Hon. Senators, I wish to emphasize to all hon. Senators that when we come to the debate on the Motion for the establishment of the Special Committee, debate on the Motion shall be limited to the substance of the Motion, principally, whether or not to establish the Special Committee. It will not be a debate on the substance of the impeachment or its merits, propriety, prudence or even the constitutionality or the legality of the processes that have preceded the submission of this matter to the Senate. It is, therefore, not permissible to deviate to any issues other than the Motion before the Senate. In the meantime, and during the pendency of the impeachment process in the Senate, I wish to caution hon. Senators to desist from publicly commenting on the merits or demerits of the impeachment Motion before the Senate. Doing so would amount to anticipation of debate, which is an infringement of Standing Order No. 99. Therefore, it shall be out of order, within the meaning of Standing Order No.122, for any Senator to make comments, whether written or spoken, in relation to the conduct of the governor or the impeachment process, which is outside the confines of the impeachment proceedings, as such comments may prejudice the just outcome of the process. Hon. Senators, during this 13th Parliament, the Senate has dealt with five impeachments, two of which were considered by a Special Committee, while the other three were investigated in Plenary. Notably, this is the second governor proposed to be impeached during the current term of Parliament. It is important that we draw on the best practices from previous impeachments as we deliberate on this matter. The Senate will be sitting as a quasi- judicial body, and will conduct investigations into the alleged violations of the Constitution and the law, and thereafter make its determination on the matter. Let me remind you that the impeachment hearing is not just a procedural formality, but a critical process that plays a crucial role in upholding the principles of 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."
}