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"content": "The Kenyan people, having given themselves this Constitution, were addressing rights and fears, and more importantly, they wanted to establish a system of government that can work. With that, I want to take you, the Senate, to Article 75 of the Constitution, just to draw the attention of the House to the seriousness of the matter we are dealing with, which is a provision in relation to the oath of office of state officers. Article 74 says: “Before assuming a State office, acting in a state office, or performing any functions of the State office, a person shall take and subscribe the oath or affirmation of office in the manner and form prescribed by the Third Schedule or under an Act of Parliament”. I want to take you to that schedule and I want to draw a difference, a distinction between the oath of office that is administered to the President and the Deputy President, as opposed to the other oaths that are taken by other State officers, including Members of Parliament (MPs). There is a big distinction. When it comes to the oath of the due execution of the Office of the President and that of the Deputy President, which is found in the Third Schedule of the Constitution, there are words there that I would plead to the Senate to consider in consideration to the matters which were raised in the Motion of impeachment by the National Assembly and the charges as they have been read out here. Now, the Motion, the oath or solemn affirmation for the due execution of Office for the Deputy President reads as follows: “I do swear, solemnly affirm, that I will always truly and diligently serve the people and the Republic of Kenya in the office of the Deputy President.” I pause there to emphasise those words that are found in the Constitution, ‘that I will always truly and diligently serve the people of Kenya’, that is, the Republic of Kenya. It continues to say as follows: “That I will diligently discharge my duties and perform my functions in the said office to the best of my judgment, that I will at all times, when so required, faithfully and truly give my counsel and advice to the President of the Republic of Kenya, and that I will do justice to all without fear.” I emphasize the word “doing justice to all”. Those three words in the oaths and affirmations for due execution of office which are found in the Third Schedule are not contained in similar words when it comes to the Speaker of the Senate, the Speaker of the National Assembly, or the Chief Justice. It only applies to the Deputy President and the President. Why am I saying this? If you look at the Constitution in terms of the election of the President and the Deputy President, you will find that the President and the Deputy President are elected at constituencies. In that election, they must receive a majority of votes in at least half the constituencies of the Republic of Kenya. What am I trying to say? It has come out and I say this with the utmost respect, that the Deputy President, who stands here on trial by the Senate, would assume that he was elected to represent the interests of a certain region, 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."
}