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{
    "id": 1488916,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1488916/?format=api",
    "text_counter": 134,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "“Where the National Assembly or the Deputy President chooses not to appear before the Senate, that fact shall be put on record and the Senate shall proceed with its investigations without further reference to the National Assembly or the Deputy President, but the Senate may, for exceptional reasons to be recorded, permit a later appearance before the Senate by the National Assembly or the Deputy President.” Hon. Senators, Ladies and Gentlemen, it is also noteworthy that rule 12 provides as follows- “Subject to these rules, the hearing of the evidence, once it commences, shall proceed and continue until the Senate concludes the hearing of the matter.” Following the representations made by Counsel for the parties, I suspended the proceedings of the Senate up to 5.00 p.m. to allow Counsel for the Deputy President to report the status of his client. When the sitting of the Senate resumed at 5.00 p.m., Senior Counsel, Hon. Paul Muite, informed the Senate that indeed he had contacted doctors at Karen Hospital who are attending to the Deputy President. He further stated that owing to the condition of the Deputy President, he had not been able to access the Deputy President or talk to him. Senior Counsel then proceeded to cite Article 145(6) observing that although the Senate had opted to proceed by way of hearing the matter in plenary and while Article 145(6) provides for the hearing of the matter by way of Special Committee, the provision obligate the Senate to accord the Deputy President an opportunity to be heard before a vote is taken on the impeachment charges. He further cited Rule 11 of Part 1 of the Second Schedule to the Senate Standing Orders, stating that in accordance with the provisions, the Deputy President had chosen to appear and be presented in these proceedings. Counsel for the Deputy President further submitted that the right of the Deputy President to be given an opportunity to be heard under Article 145(6)(b) of the Constitution is not limited by the 10-day timeline otherwise provided for in this matter. In the end, relying on these provisions, Counsel for the Deputy President requested that the Senate adjourn the matter to Tuesday, 22nd October, 2024, to enable his client time to be attended to by his doctors. In response, Counsel for the National Assembly, Mr. Gumbo, registered his sympathies to the Deputy President. On the other hand, he noted that health matters are matters that are beyond human control. However, he noted that the matter at hand was one that was governed by constitutional timelines. Counsel further indicated that Article 145(6) of the Constitution applied to impeachment proceedings in committee and was not, therefore, relevant to the present proceedings which had been convened by dint of Article 145(3) of the Constitution. Counsel observed that the dates for the hearing had by Gazette notice been set at 16th and 17th October, 2024. Counsel, therefore, went ahead to observe that His Excellency the Deputy President had robustly participated in the proceedings by filing detailed responses to the allegations as set out by the National Assembly and through various submissions made in the course of the hearing, including cross-examination of witnesses. 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."
}