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{
    "id": 1589038,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589038/?format=api",
    "text_counter": 79,
    "type": "speech",
    "speaker_name": "Mr. Paul Nyamodi",
    "speaker_title": "",
    "speaker": null,
    "content": "As I have said, it is our thesis that they captured the Clerk, but the County Assembly needed to continue. That is a matter of evidence that will then need to be tabled. As an advocate, I am unable to testify to it, but I know those affidavits exist in the record. The other question was: Who invited the Army? Like I said, in the Governor's documents, there is an affidavit by a Senior Superintendent of Police. It is apparent that if he is swearing an affidavit for the Governor, then the answer as to who invited the police or the Army is answered by the fact of who the police or the Army testified in favour of. Was public participation done? Yes, public participation was done. Was public participation done in disregard of the court order? I want the answer that I have replied in respect of Sen. Mungatana's question as to what should be dealt with, court orders of the nature or of the species that was issued in Meru in respect of these impeachment proceedings, to also apply to that issue. Sen. Wambua asked: Is this the official HANSARD of the recorded proceedings? I will say yes, but my colleague, Mr. Mawira, will come and deal with that issue in more detail. He will explain to this House why those are the official HANSARD reports in respect of the proceedings. Sen. Wakili Sigei asked whether the ruling that the Motion was of no effect is that the Motion before this House. Yes, it is. I urge this House then to consider that ruling in respect or together with the ruling of the Supreme Court or the guidance of the Supreme Court as to what should be done with rulings of that nature. If I may state during my response to the questions from the Senators, if this House stops this Impeachment proceedings in respect of a court order like the one that has been issued, then as an advocate who has practised law for not an insignificant time, I can say without any fear of contradiction that this is the last impeachment that this House will do because the court orders will delay, delay and delay. There is a good reason why the Supreme Court took the position it did in the Martin Nyaga Wambora matter. There is no reason to depart from that position. There was a question as to whether the HANSARD report is full or abridged. Do we have an audio recording? Again, my colleague, Mr. Mawira, will respond to that. Sen. (Dr.) Khalwale said that there was no response from our part to the allegation that the documents were cooked. That is an issue of fact and because it is an issue of fact, it cannot fall from the mouth of the advocate that the documents were cooked. That can only come from a witness. From our corner, it can only come from our witnesses. That is their position. We have an answer and it is in the response or it is in the documents that were brought in support of the Motion. Since it is an issue of fact, it is not an issue that can be brought forward and tried as a preliminary issue as the legal team for the Governor seeks to invite this House to do. That is a contested issue in the Motion. I beseech this House to allow the Motion to get to the point where those who are competent and capable to testify to those contested facts are able to do it. Sen. (Dr.) Khalwale, in respect of finding at page 23 of Volume No.4; again, I will repeat my answer to that question. This is an order, the species of which was envisaged by the Supreme Court in the Martin Nyaga Wambora matter. Compliance does 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."
}