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{
    "id": 1589575,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589575/?format=api",
    "text_counter": 111,
    "type": "speech",
    "speaker_name": "Mr. Paul Nyamodi",
    "speaker_title": "",
    "speaker": null,
    "content": "I was constrained to stand up on my feet and object towards my colleagues who were on their feet because it was apparent that what they were doing for the Governor was leading evidence. They were testifying and referring to contested statements in the panels of both documents and there are responses from the County Assembly in respect of those statements. Those statements must be tested by way of cross-examination and only once the evidence is laid before this House and it is tested, like the Assembly is entitled to do, then can this House make up their minds as to whether or not those issues hold any water. I am not saying that this House should not consider those issues, but rather that this House should not consider those issues as issues that are preliminary to the determination of the Motion. There are issues in the Motion and I will demonstrate in a moment how those issues are indeed issues in the Motion. I have chosen to respond to the issues that were argued by my learned colleagues for the Governor using a slightly different framework from what they did. We distilled three or four issues from the notice of preliminary objection that was served on the County Assembly, and I wish to crystallize the first issue I wish to respond to as follows- That, the Governor challenges the validity of the impeachment Motion in light of the declaration by the High Court of Kenya sitting in Meru that the impeachment proceedings are a nullity. It is correct, as was submitted by Mr. Ongoya, that it is not contested that, indeed, there are orders that were issued by the High Court of Kenya sitting in Meru in respect of these proceedings. However, what is contested, and I doubt we will agree on this, is the effect of those orders on these proceedings. Mr. Ongoya and his colleagues say that the effect of those orders on these proceedings is to invalidate them and this Senate should, therefore, down its tools. We disagree. I wish to submit and emphasize that elections to offices such as those occupied by the Members of this House are conducted by the people of Kenya in furtherance of primordial sovereignty. The exercise of removal of an elected official such as the removal of a governor is, therefore, in my submission, the flipside of that exercise of primordial sovereignty. Mr. Speaker, Sir, as authority to my submission, I wish to refer you and Members of this House to the provisions of Article 1 of the Constitution. Article 1(1) of the Constitution provides as follows- “All power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.” That is an affirmation of sovereignty by the people of Kenya, and it is clear where the sovereignty lies. Article 1(2) of the Constitution goes on to say- “The people may exercise the sovereign power either directly or through their democratically elected representatives.” The important provision of Article 1, which I wish to emphasize, is the next provision, Article 1(3) of the Constitution. It says- “Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution- (a) Parliament and the legislative assemblies in the county governments; 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."
}