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{
    "id": 1589603,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1589603/?format=api",
    "text_counter": 139,
    "type": "speech",
    "speaker_name": "Mr. Erick Muriuki",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, and esteemed Members of this House, my name is Mr. Erick Muriuki. I am privileged to appear before you once again. I represent the County Assembly of Isiolo. Mr. Speaker, Sir, to continue with our submissions where my colleague has left off, the question that should seize this House and the Hon. Speaker when you go to make your determination is this: On a balance of conveniences, what ought to happen? We submit that this House ought to proceed with these proceedings because, as has been held in numerous court decisions, the Governor will have the opportunity to challenge these proceedings in court. However, neither the court nor this House can freeze the statutory and constitutional timelines that are set for impeachment proceedings. So, allowing the preliminary objection in the way that the Governor's team asks this House to do would irreparably prejudice the County Assembly. This is because there is a chance for the Governor to challenge these proceedings, but there is no chance for the County Assembly to reinstate or to pause this process and then come back. The proper time to question the validity of impeachment proceedings, as has been ably submitted by my senior, Mr. Nyamodi, is after the process is complete. This is what the court held in the case of Hon. Kawira Mwangaza versus the County Assembly of Meru. Mr. Speaker, Sir, this position had been earlier held in the Justus Kariuki Mate matter. Allow me to read an excerpt from the decision of the Court of Appeal Mwangaza versus County Assembly of Meru and Another, 2023 KECA - “We observe that the applicant’s right to be heard and to defend herself on the allegations made against her in the impeachment debate at the County Assembly of Meru are provided under the Standing Orders of the County Assembly. If she is impeached [emphasis on this part Mr. Speaker, Sir] she will have another opportunity to present, her case before the Senate during the hearing of the impeachment Motion. [Further emphasis] Even after the Senate makes its decision the applicant still has the avenue of petitioning the court for an appropriate relief if the decisions were to go against her. We are, therefore, of the considered view that the applicant’s right to be heard will not be circumscribed. Enough said, this court lacks jurisdiction to consider the application before it for the reasons stated in the ruling.”"
}