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{
"id": 1488949,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1488949/?format=api",
"text_counter": 167,
"type": "speech",
"speaker_name": "Hon. (Dr.) Otiende Amollo, SC",
"speaker_title": "",
"speaker": null,
"content": "were filed and signed before election. With tremendous respect, allow me to remind the Deputy President that this is the Republic of Kenya, not the Republic of Kenya Kwanza For that reason, you cannot elevate agreements under the Kenya Kwanza Coalition above the legislation of this country, above the Constitution of this country. Section 13 of the NCIC Act is clear; that those utterances are unlawful, in fact, criminal. Article 10 and Article 27 of the Constitution are equally clear that you cannot make such utterances. So, to come and say that I uttered them because they are contained in a coalition for coalition is an admission of the violation of the Constitution. If Members wanted one clear admission of guilt, it is this one. It is not denied. The justification cannot stand. Indeed, one of the Senators asked for the justification and I had the lawyers refer to the Schedule Three of the Political Parties Act. Mr. Speaker, Sir, I invite the Senators to look at Schedule Three, Clause 3(e). It is very specific. It talks of sharing positions in the coalition structure, not sharing positions in government. To try and mislead this august House makes it an aggravation of a wrong and I invite you to find that there was a breach of this. The worst of all is that we played a clip of the Deputy President showing what he had uttered, saying that he has no apology. He said he has no apology and the clip was played here. I invite you to look at the 798 pages that he has filed. There is nowhere where he has rendered an apology. So, he leaves you in a position where he says, even if he was not impeached, he will continue doing that because, in his view, it is justified by the Kenya Kwanza Coalition. Mr. Speaker, Sir, I invite the hon. Senators to find that this ground has been proved; and to impeach the Deputy President on Ground 1, Ground 5, Ground 6 and Ground 10 for breach of the NCIC Act, Section 13 and breach of Articles 10 and 27 of the Constitution. My last point, Mr. Speaker, Sir, is on allegations of corruption. This House has had the various allegations of corruption. You heard the very direct evidence of Dr. Mulwa in terms of KEMSA. You heard the very direct evidence of the Deputy CEO of EACC. You heard the various evidence in terms of Olive Gardens Hotel, Vipingo, Outspan and many others. However, I will not go there. I will let you assess that and my colleagues will address that. I will address one fundamental thing. In your bundle, hon. Senators, in Volume 2A of the exhibit, you will find reference to a particular court decision. It is on page 60 of 123. That is the decision in Asset Recovery Agencies Versus Rigathi Gachagua. I will take you directly to the finding on page 77. This was a case that the Asset Recovery Agency filed against the Deputy President and this case was actually finalized 10 days before the last general election. What did the court find? The court found positively and declared that Rigathi Gachagua was found to have funds which were proceeds of crime and, therefore, liable for forfeiture to the State to the extent of Kshs200 million. Mr. Speaker, Sir, it is important to note that in the 798 pages of the documents filed by the Deputy President, there is no single document that shows that this judgement has been set aside, has been compromised, or revoked. In an inquisitorial system, you do 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."
}