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{
    "id": 1589101,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589101/?format=api",
    "text_counter": 142,
    "type": "speech",
    "speaker_name": "Hon. Kingi",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "the Governor from office by way of impeachment), the same is purely a factual and evidential matter that can only be resolved at the full trial. (f) That the Governor’s request for a preliminary inquiry or trial within a trial is untenable as it is a misguided attempt to obstruct and derail the proper proceedings of the House and it is only necessary when the subject matter of the mini-trial cannot be established in the full trial. (g) That on the alleged fraud and forgery relating to the HANSARD reports, fraud must be specifically pleaded and particulars of the fraud alleged must be stated on the face of the pleadings. Moreover, considering that the standard of proof for fraud is more than a balance of probability, the allegations can only be established after a full trial. (h) That the second preliminary objection is fatally defective and ought to be disallowed in the best interests of justice. (i) That in respect to the third preliminary objection, whether the impeachment Motion meets the criteria and legal threshold under Article 181 of the Constitution, Section 33 of the County Governments Act and the Standing Orders of the Isiolo County Assembly, the issue can only be determined once the Senate has interrogated all the facts and evidence in the impeachment Motion against the standard of impeachment as laid out by the Supreme Court in Sonko v County Assembly of Nairobi City & 11 others [2022]KESC 76 (KLR) . (j) That the third preliminary objection is also fatally defective as it calls upon the interrogation of the merits of the impeachment Motion at a preliminary stage, before the Senate has had the opportunity to hear the witnesses and consider the evidence led by the parties. (k) That the preliminary objections ought to be dismissed and the matter proceeds to a full trial for a determination on the merits. Now, Hon. Senators, counsel for the parties have this morning made oral submissions on the preliminary objections and responses thereto following which a number of Senators, including Sen. Cheruiyot, Sen. Daniel Maanzo, Sen. Thangwa, Sen. Tom Odhiambo Ojienda, SC, Sen. Mungatana MGH, Sen. Osotsi, Sen. Cherarkey, Sen. Wambua, Sen. Wakili Sigei, Sen. Mumma, Sen. Munyi Mundigi, Sen. Kavindu Muthama, Sen. Nyamu, Sen. Okiya Omtatah, Sen. Methu, Sen. Tobiko, Sen. Gataya Mo Fire and Sen. Okenyuri, sought clarifications on the same. In the clarifications, the Senators sought to be to be informed among other things, the identity of the Clerk of the County Assembly, whether there was a sitting of the County Assembly of Isiolo on the impeachment process; whether the HANSARD recording of the Assembly proceedings was submitted to the Senate in full and its validity in the proceedings before the Senate. The status of the decision of the High Court to nullify the proceedings of the County Assembly; whether the proceedings of the County Assembly are transmitted or broadcast live; the deployment of security officers at the County Assembly; whether the Impeachment Motion that was quashed by the High Court is the same Motion submitted to the Senate and its validity for impeachment proceedings against the governor; whether the sittings of the County Assembly were properly convened and whether or not there was a court order issued against the County Assembly on the impeachment process. 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."
}