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{
    "id": 1483593,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483593/?format=api",
    "text_counter": 199,
    "type": "speech",
    "speaker_name": "Mr. Katwa Kigen",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Mr. Speaker, Sir. The first and the point I want to emphasize for the hon. Governor is that we place a lot of premium on the contention that the two-thirds was not met. As a starting point in response to what my colleagues have said, it can be taken as an absolute fact that 31 people voted and yet, what was required was that 31.3, That leaves the question, which we had already posed, when you scale down to 31 as my learned friend Mr. Hillary Kiplangat has said, you round off to the nearest number, whether you would still be meeting the requirements of Section 33 being at least two- thirds. The second argument in response to the argument is the question of whether this is a question of fact. They said it is a question of fact and they will call a witness to say that, but we are all in agreement on what the bottom line is. It is governed by Section 33 of the County Governments Act and Section 74 of Kericho County Government’s Standing Orders. The Members of the County Assembly are 47. Those who voted are 31 and the requirement is 31.3. Those are absolute facts and they are not in contention. No witness can change them one way or the other. Mr. Speaker, Sir, and hon. Senators, the issue is ripe for your determination. It is ripe for your determination as to whether you can scale down 31.3 to 31. My colleague, Mr. Bosek, has said that the HANSARD we have relied on have not been certified. We wish to point out that the HANSARD on their face says that they are for information purposes. We are happy to rely on them to the extent to which they represent information. It is significant that they do not deny that those are accurate representations of what happened in the county assembly during the impeachment of the predecessor of Governor Eric Mutai, Hon. Paul Chepkwony. They do not contest that it was the criteria used to elect the Speaker. There is the contest about the orders. We take this Senate seriously. We cannot have come up with forged orders. We are astounded that advocates of the magnitude and standing of the county assembly could say that the orders were forged. There is a specific allegation that the orders were not served. Vol. II, page 487, shows that the orders were served, and there is an affidavit of service. You will see from the HANSARD brought by the County Assembly that the affidavit of service shows the service was effected between 9.10 a.m. and 10.00 a.m. The voting for purposes of impeachment was done at 2.00 p.m., as can be seen in the HANSARD that was produced by the county assembly on page 160. On page 161, it shows that they completed their process of impeachment at 2.18 p.m. Clearly, service was effected long before they voted. It is also significant that they say there was a forgery. My good friend Mr. Hillary filed a notice of appointment to come into that case the day after that 3rd October, 2024. If they are saying there were no orders, what were they doing getting into that case and participating in it by representing the county assembly and challenging the orders obtained? We take exception to the allegations made about the orders not being proper. 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."
}