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{
"id": 1581162,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1581162/?format=api",
"text_counter": 46,
"type": "speech",
"speaker_name": "(3) Gross misconduct",
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"speaker": null,
"content": "Hon. Senators, in terms of the way forward, following the reading of the charges against the Governor, Standing Order No.80(1)(b) of the Senate as read together with Section 33(3)(B) of the County Governments Act give the Senate two options on how to proceed with this matter. The Senate may- (a) By resolution, appoint a special committee comprising 11 of its Members to investigate this matter; or, (b) Investigate the matter in plenary. The Senate Majority Leader will, at an appointed time during this Sitting, give Notice of Motion for the establishment of a special committee. Should this Motion be carried, the special committee will be required under Section 33(4) of the County Governments Act and Standing Order No.80(2) of the Senate Standing Orders, to investigate the matter and report to the Senate on whether it finds the particulars of the allegations against the Governor, to have been substantiated. In the event that the Motion for the establishment of a special committee does not pass, the fallback position is that the Senate shall proceed to investigate and consider the matter in Plenary. In this event, I will appoint the dates on which the Senate will sit in Plenary to hear and determine the charges against the Governor. Hon. Senators, I wish to emphasise that when we come to the debate on the Motion for the establishment of a special committee, debate on the Motion shall be limited to the substance of the Motion, principally, whether or not to establish a special committee. It will not be a debate on the substance of the impeachment or its merits, propriety, prudence or even the constitutionality or the legality of the process that have preceded the submission of this matter to the Senate. It is, therefore, not permissible, hon. Senators, to deviate to any issues other than the Motion before the Senate. In the meantime, and during the pendency of the impeachment process in the Senate, I wish to caution hon. Senators to refrain from publicly commenting on the merits or demerits of the Impeachment Motion before the Senate because doing so would amount to anticipation of debate, which is an infringement of Standing Order No.99. Accordingly, it shall be out of order within the meaning of Standing Order No.122 for any Senator to make comments, whether written or spoken, relating to the conduct of the Governor or the impeachment process outside the confines of the impeachment proceeding, as such comments may prejudice the fair and just outcome of this process. Hon. Senators, during the 13th Parliament, the Senate has dealt with seven impeachment proceedings, two of which were considered by special committees and five by the Senate sitting in Plenary, including one involving a Deputy President. Notably, this is the third governor proposed to be impeached during the current term of Parliament. It is important that we draw on the best practises established in the previous proceedings as we deliberate on this particular matter. The Senate will be sitting as a quasi-judicial body, conducting investigations into the alleged violations of the Constitution and the law and subsequently make its determination on the matter. The impeachment hearing is not merely a procedural 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."
}