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{
    "id": 1483553,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483553/?format=api",
    "text_counter": 159,
    "type": "speech",
    "speaker_name": "Mr. Katwa Kigen",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Mr. Speaker, Sir. Hon. Senators, apart from relying on those two instances; the 2014 criteria by Kericho County Government determining that 32 is the required threshold to meet two- thirds for purposes of the impeachment of the predecessor of hon. Dr. Erick Mutai and the criteria also applied when the current Speaker who approved of this Motion was elected, it was also decided that the two Members of the MCAs required to vote in support to amount to two-thirds. I wish to also refer to the events of the National Assembly. Mr. Speaker, Sir, your colleague, the hon. Moses Wetangula, in a ruling which was in the public domain, made on 1st of October, and which I pray, you take judicial notice of, discussed the issues that have been raised by a number of Members of Parliament (MPs), being, whether two-thirds is mustered by 116 MPs or 117. Mr. Speaker, Sir and hon. Senators, a relevant situation is that in the National Assembly, one-third of the total number of Members of the National Assembly, being 349, came to 116.33. So, there is a similarity in our case being 0.3 in the 31.3. The Speaker was very categorical; he said that for purposes of one-third to approve the Impeachment Motion against the Deputy President, it would require 117 Members. Therefore, you should move a step further. You do not scale down to 116, but up to 117. That ruling by hon. Moses Wetangula is dated 1st October, 2024 and it is in the public domain. We pray that the criteria used to elect the Speaker, the criteria used to impeach hon. Chepkwony, the criteria used to consider the impeachment of the Deputy President, which has not happened here, and the criteria used to approve the impeachment of the Deputy President in the National Assembly should apply here. They used one formula being that you should move a step further because you cannot have a fraction of a person. That criteria should not change in the case of Dr. Erick Mutai. If you scale down because it is him, our argument will be that it is discriminatory. The last incident that I wish to cite are the events in Nyamira County Government. In that county government, there are 34 MCAs. Out of the 34, there are 14 nominated and 20 elected. One-third was found to be 11.3. We again find the same 0.3 in the case of Nyamira. In that case, the County Assembly of Nyamira adopted the approach that 0.3 requires that you scale up to 12 as opposed to 11 people. For that reason, I insist that it will be discriminatory to deem the Motion that has been brought to this Senate as being competent to the extent to which it fell short of 31.3. 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."
}