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"id": 1483579,
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"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
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"content": "Thank you, Mr. Speaker, Sir. We object to the two POs on the ground that the very nature of a PO is that it has to be on a pure question of law. What the counsel for the governor is inviting you to do at this juncture, is to consider matters that are disputed; matters of fact. It is set of law that if an issue is contested or in dispute, that can only be determined by way of evidence. When you look at the issue of existence or nonexistence of the court orders, the county assembly has strongly opposed that line of argument and has brought evidence to show that there were not court orders. In fact, the county assembly is arguing that those court orders are either forged or a manipulation of the judicial system. That evidence can only be tested if we bring a witness before you to be able to clarify on that issue. That cannot be done by submissions from the bar. On the issue of whether the impeachment Motion met the threshold - the two- thirds rule - again, you will note that this is an issue that has been contested. We will be producing evidence before you to indicate indeed that, that threshold was met. How then, hon. Senators, are you able to make a determination without listening to the evidence or looking at the materials that both parties are relying on? We submit that the only way to do so is to allow this matter to proceed on merit and then you can question the validity of a certain fact by cross-examination, examination in chief and questioning the witnesses that will be relying or rather seeking to produce those particular evidences. 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."
}