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{
    "id": 1589590,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589590/?format=api",
    "text_counter": 126,
    "type": "speech",
    "speaker_name": "Mr. Paul Nyamodi",
    "speaker_title": "",
    "speaker": null,
    "content": "For the completeness of the record, an estoppel arises against them approbating and reprobating in the manner in which they do. For the purposes of my submission, an estoppel is a legal principle which precludes a person from asserting something contrary to their previous action or statement. The contrary provision is that there were no proceedings. The previous action is that they took those proceedings to the High Court, persuaded a judge of the High Court that there were proceedings and obtained orders. They cannot do both. For that reason, I submit that, that ground must fail. There is the issue that my good learned friend, Mr. Theuri, brought up. I wish to crystal that as a threshold issue. The short and sharp answer to the threshold issue is that the determination of whether or not a Motion surpasses the threshold required in law requires the consideration of testimony of evidence from both sides. Mr. Speaker, Sir, the consideration of evidence must of necessity include the testing of that evidence. There are witnesses that the Governor has brought and their testimony was referred to in support of this submission. We, advocates, who are present for the County Assembly, wish to test that testimony. We do not believe that what has been stated in those statements is correct. Those facts are, therefore, contested. If they are contested facts, they then cannot form the basis in law or otherwise for a preliminary issue. That must go on full trial. In the context of these proceedings, that means the hearing of the Motion that has been brought. Mr. Speaker, Sir, one of the reasons the Governor gave in support of the submission that the threshold has not been surpassed was the fact that the HANSARD reports in support of those two proceedings were not signed. We note that one of the Governor’s witnesses is the Clerk of the County Assembly of Isiolo. That is most unusual in the circumstances because it is the Clerk’s responsibility to sign HANSARD reports. Mr. Speaker, Sir, we look forward to the opportunity to test the testimony of the Clerk and get the Clerk’s explanation. We believe this House will benefit from the explanation from the Clerk, who is charged with the primary responsibility of certifying those reports, as to why those reports were not certified. The Clerk is a witness. He has put in a witness statement or an affidavit and we wish to test his testimony. It is my 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."
}