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"id": 1483584,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483584/?format=api",
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"type": "speech",
"speaker_name": "Mr. Hillary Kiplangat",
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"content": "Mr. Speaker, Sir and honourable Members, for the record, my name is Hillary Kiplangat. I will address the third preliminary objection; which is the question of whether the threshold of two-thirds required by Section 33 of the County Governments Act, 2012 was met in the impeachment of Governor Hon. (Dr.) Erick Kipkoech Mutai. Section 33 of the County Governments Act, 2012, indeed, requires the County Assembly to satisfy a threshold of two-thirds of its Members to pass a Motion for the impeachment of the governor. The controversy in this case is that 31 Members voted in support of the Motion and in the humble submissions of the Speaker, as per the HANSARD of that day, that constituted two-thirds of the members of the county assembly. Mr. Speaker, Sir, in his ruling, the Speaker of the County Assembly in page 131 of volume one of our documents allowed himself to be guided by a decision of the High Court and that is the case of Michael Justine Nkaduda versus the County Assembly of Tana River and four others, KELRC 1605, in which a judge of the High Court by the name Justice Manani had held that when it comes to matters rounding off, one rounds off to the nearest whole number. So, when it came to that determination, the Speaker of the County Assembly was guided by a constitutional position which had been determined by the High Court in that particular case which I have cited. That position is in volume one of our documents at page 131. You will find the ruling of the Speaker in which he cited the case of Justin Nkaduda versus the County Assembly of Tana River. Mr. Speaker, Sir, the decision of Justice Manani is an application of elementary mathematical rule of rounding off; in which numbers are ordinarily rounded off to the nearest whole number. The same formula has been applied in various other decisions of courts. A case in point is the case of Adrian Kamotho Njenga versus the Judicial Service Commission, which interrogated the composition of the Supreme Court, in compliance with the requirements that no more than two-thirds of the same gender shall be in that appointive position. In that case, the High Court and the Court of Appeal were clear that when it comes to rounding off, you round off to the nearest whole number. The reigning jurisprudence which has been handed down by our courts is that one rounds off to the nearest whole number. In this case, there are 47 members of the County Assembly of Kericho. To achieve two-thirds of 47, it will give you a number of 31.33. The nearest whole number to 31.33 is 31 and not 32. That is in keeping with the jurisprudence, which has been settled by our courts. Mr. Speaker, Sir, suffice to note, in the County Assembly of Kericho, there are 30 electoral wards. Out of the 30 electoral wards, 29 men and one woman were elected as MCAs. The IEIBC, in constituting the gender quotas for purposes of nominations, nominated two additional men, making the number to be 31 men against 15 nominated women. Thus, the number of nominated women in the County Assembly is 16. 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."
}