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{
    "id": 1483554,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483554/?format=api",
    "text_counter": 160,
    "type": "speech",
    "speaker_name": "Mr. Katwa Kigen",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, I am aware that my colleagues are restless to make the argument that this is an issue that does not quite squarely rest on your hands under the provision of Rule 30. It is my argument that it clearly falls within your hands. Rule 30 states that where on a particular question or matter, including but not limited to the question of evidence, materiality, relevance, competency, or admissibility of evidence, any question consequential or incidental thereto, where no provision has been made in the Standing Orders or in these rules, the Speaker of the Senate shall rule and your decision will be final. Mr. Speaker, Sir, it is my argument that this issue falls squarely in your hands. It is my argument that when Rules 14 and 30 were being drafted, they must have contemplated a situation like this where you need to make a decision on a matter such as the competence of this Impeachment Motion before the Senators. The consequential question is whether we should go on or not and all the related aspects of the competence of this Impeachment Motion. It is my argument that the Senate, in a certain sense, is on trial as to whether it will maintain the requirements of Section 33 on at least two-thirds and the attendant aspect of the rule of law and whether or not there is observance of that requirement. Mr. Speaker, Sir, I request for 7 minutes to play a video clip to make reference to a decision made by Justice Manani. That is in volume one, pages 60 to 78. In that case, the learned judge said that where a committee requiring a certain threshold, in that case one-third--- They had sat on a proceeding that fell short of one-third. That is from paragraph 90 onwards. It is found on page 71. The judge said; it is perhaps also necessary to point out that Standing Order No.68(8) uses the mandatory term “shall” when directing that an ad hoc committee be set up and should comprise one-third. He went on to say that if they do not amount to one- third, then it does not meet the threshold. Mr. Speaker, Sir, it is a significant point that the Speaker of the County Assembly of Kericho used. You will find this reasoning on pages 160 to 161 with reference to that case of Michael Nkaduda versus County Assembly of Tana River. He went on to say that you should round off. It is our argument that you can never round off to fall below the line or less than one-third. If you are to do so, you would be acting in contravention of the law. Mr. Speaker, Sir, having said so, I request that the video clip be played. After that, I will request for five minutes for my colleague, Mr. Tunen to finalise on the preliminary objection."
}