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{
    "id": 1589312,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589312/?format=api",
    "text_counter": 353,
    "type": "speech",
    "speaker_name": "Sen. Oketch Gicheru",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, the question we are discussing today is about procedural technicality versus substantive justice. Under Article 181 of the Constitution, the requirement and process for removing a governor are stipulated. Under that Article, the Constitution tells us that Parliament shall enact laws to guide the removal of a governor. Those laws are found under Section 33 of the County Governments Act. This is where we are invited to look at the issue of removing a governor. The law states- “A Member of the County Assembly may, by notice to the Speaker, supported by at least a third of all the Members, move a Motion for the removal of the governor under Article 181.” I want you to note the word “may”—not “shall.” Secondly, if you read Article 159 of the Constitution, we are guided by the understanding that the framers of the Constitution anticipated that, in the process of removing a governor or even the President or Deputy President, there can be procedural technicalities caused by factors such as violence, impunity or other circumstances that make it impossible to exercise your duty. I am perturbed that in this House, after listening to my colleague Senators, no one is asking the question: under what circumstances did the 16 MCAs, who are given this power by the people under that Article, sit? Does it matter? Do we want to elevate procedural technicality over substantive justice under Article 159 of the Constitution? We are invited to consider that Article. We are sitting here in a quasi-judicial process. Article 125 of the Constitution makes us a court. In this quasi-judicial process, we must apply the Constitution. There can be circumstances under which we must invoke this Article, because even this sitting is part of the procedure. That is why we are here. We need to accord Isiolo County a fair trial, a fair hearing to the governor, and a fair hearing to the MCAs who have been given powers under Article 181 of the Constitution. That can only happen by ensuring that we go to a full trial. Only then can we truly protect devolution under---"
}