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"content": "Counsel then indicated that if any prejudice was to be suffered by the failure of the Deputy President to testify and be cross-examined, this will be on the part of the National Assembly, which had the legitimate expectation of testing the evidence of the Deputy President through cross-examination. Counsel then referred to the parties in the courts, including the Supreme Court where parties are allowed to file respective submissions and the advocates are then allowed to appear and highlight their submissions. Counsel argued that noting the Deputy President had filed detailed responses and had the opportunity to cross-examine the witnesses of the National Assembly, the health status of the Deputy President and the constitutional timelines and borrowing the practices of the courts, the National Assembly was willing to forgo the cross-examination of the Deputy President and requested that both parties be allowed to highlight their submissions during their closing statements. Senior Counsel James Orengo had similar sentiments and cited Article 145(5) of the Constitution. He argued that the right to appear and be represented include the right to be represented by counsel. He argued that the Senate's greater duty was to comply with the Constitution and that the Senate could not accordingly go outside the timelines as set out in the Constitution. It is noted that the present hearing was convened via Gazette Notice 163, Volume CXXV1, dated 9th October, 2024. Vide that Gazette Notice, I appointed Wednesday, 16th October, 2024, as the date for the commencement of the hearing and further that the hearing will run up to the conclusion of the hearing on Thursday, 17th October, 2024. As presently convened, therefore, today at midnight, unless midnight finds the Senate in the cause of division, marks the end of the period for the hearing of the present impeachment matter. As this process is time-bound by the Constitution, to be concluded in not more than 10 days pursuant to Article 145 as read together with Article 150 of the Constitution and noting that the period provided for ends on Saturday, 19th October, 2024, the only window open to the Senate, if it so obliged the request for adjournment sought by Counsel for the Deputy President, would be to Gazette Saturday the 19th October, 2024, as a further and final day for hearing of this matter. Hon. Senators, ladies and gentlemen, such a request is not made to the Speaker, but to the Senate and is accordingly a matter for the Senate to determine. To facilitate this decision, I direct the Clerk of the Senate to circulate a Supplementary Order Paper incorporating a Notice of Motion and a Motion for adjournment sought. This being a procedural matter, the Motion, if carried will result in the Speaker gazetting Saturday, 19th October, 2024, as a sitting day to conclude the hearing and determination of this matter. This being the last day allowed by the Constitution of Kenya for these proceedings to conclude. Needless to say, if the Motion is not carried, the decision of the Senate will be that this hearing continues to conclusion in the manner provided for under Rule 12. In such event, the hearing will continue as set out in the programme, with the parties moving to make their closing statements. Hon. Senators, ladies and gentlemen, in conclusion, let me take this opportunity, on my own behalf and on behalf of the Senate, to convey our sincere sympathies and best 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."
}