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{
    "id": 1484719,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1484719/?format=api",
    "text_counter": 660,
    "type": "speech",
    "speaker_name": "Mr. Peter Wanyama",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, I am here to respond on behalf of the National Assembly on only two questions. Listening to the Deputy President's side, I believe they have misunderstood the nature and context of Ground No.11 and there was a question by a Senator on whether we have substantiated Ground No.11 on bullying of KEMSA officials. Secondly, there was a question also on whether there was loss of public funds in this tendering process. I will answer the first question by mentioning that the Deputy President of the Republic of Kenya is a high-ranking state official. The quality of the Republic of Kenya is based on certain fundamental national values and principles of governance. In addition, there are provisions on leadership and integrity. If you look at the provisions of Article 75, starting with 73 and conclude with 75, there is an express prohibition on conflict of interest when it comes to all state offices. To contextualize that question, you have to look at the purpose of the impeachment. The Deputy President being a high-ranking state officer means that there is a constitutional process for bringing him into account to question his conduct. That is why you have this process of impeachment. Impeachment is about political responsibility. It is about governance. It is not about criminal culpability. It is not about gathering evidence for purpose of taking him to court. It is about bringing him to account on what he has done from a political standpoint and that issue of the distinction of criminal processes from impeachment has been clarified by the Supreme Court of Kenya. The Supreme Court of Kenya in the case of hon. Mike Sonko was expressed clearly and unequivocal, that impeachment is about those values and ethos in Article 10 and the provisions of leadership and integrity in Chapter 6. If you look at the way Ground No.11 has been coached, it talks about gross misconduct. Now, the Supreme Court of Kenya has interpreted what amounts to gross violation; which in context then means gross misconduct. The conclusion is that when you violate these core values in Article 10 and the provisions of leadership and integrity, then you are guilty of gross misconduct. You are also guilty of gross violation of the Constitution. Sometimes, you are guilty of abuse of office. To put it in context, if you look at that charge that we have put in Ground No.11, it talks about bullying of KEMSA officials. That fact of bullying, we have been more specific. If you look at the charge, we have mentioned the specific clause of legislation, where the act of bullying has been prohibited. If you look at the provisions of the Leadership and Integrity Act, it specifically prohibits bullying by state officials. In that context, you can see in terms of the allegation that we are making and the evidence which has been submitted before this House, especially that call which was made by the Deputy President. The call was made by the Deputy President to a KEMSA official. Why would the Deputy President be pushing the commercial interests of a private company? That is crystal clear when you look at his own admission in his response to this allegation. The Deputy President has admitted that he lent Kshs200 million to Crystal 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."
}