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"speaker_name": "Dr. Muthomi Thiankolu",
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"content": "Thank you, Mr. Speaker, Sir. The first question was whether there is any law preventing the Deputy President from intervening when they see any failures in the National Intelligence Service (NIS). The answer is that the oath of due execution of the office of the Deputy President is part of our Constitution. It prohibits the Deputy President from disclosing matters, especially those relating to national security, that are committed to a secrecy. It was, therefore, a violation of his oath of office and the Constitution to discuss matters of that nature at a time and in the circumstances prevailing in a press conference, broadcast to the whole world. There is a constitutional forum to raise those issues. Indeed, I believe the Deputy President, other officers, or even ordinary citizens, can write to the National Security Council, if they have genuine grievances about its operations, personnel or its capabilities and performance. Mr. Speaker, Sir, when that oath of office, which is part of our Constitution, says matters committed to the secrecy of the Deputy President are not to be divulged, it is an acknowledgement by our Constitution that there are certain matters which by their nature, are not to be broadcast. Waswahili husema usimwage mtama penye kuku wengi . Some things require discretion. They require that you be tempered and know the forum and the occasion to do it. Therefore, it is no answer. Even if we were to accept for argument's sake that all the grievances that the Deputy President had are factually correct, it will still be no answer to that charge. The second question was whether Justice Maina has made any complaint after the case was done. We are not aware of any complaint lodged by the hon. Lady Justice Maina. However, that question also tells you why this is an impeachable offence. Those who know our Constitutional theory say- “Judges hold neither sword nor the purse.” The reason our Constitution protects judges and puts them in a special place is because unlike politicians and the Executive, they have no way and forum of dealing with harassment from the political branches of Government. However, if we are wrong in that, and that is why I am happy with this question, let us accept for argument's sake that, 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."
}