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{
    "id": 415251,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/415251/?format=api",
    "text_counter": 106,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Khalwale",
    "speaker_title": "",
    "speaker": {
        "id": 170,
        "legal_name": "Bonny Khalwale",
        "slug": "bonny-khalwale"
    },
    "content": "Mr. Speaker, Sir, I am guided. I will see how to manage this better. The point I am trying to make is that this is a new thing and it has complex legal issues. Unless I go this route, the Senate may fail to see why we made such a decision as we made this afternoon. However, I am guided. In terms of Section 23(a) of the National Assembly Powers and Privilege Act, CAP 6, as read together with Section 7 of the Sixth Schedule of the Constitution, a witness who is summoned by a Parliamentary Committee must appear before that Committee or court at the pain of payment of a fine not exceeding Kshs2,000 or imprisonment for a term not exceeding 12 months, or both such a fine and imprisonment where the witness fails to make an appearance. A right to appear before a Committee, however, is not mandatory. A person who is invited to appear need not appear before the Committee. The Committee would, however, be required to demonstrate that it afforded that person – in this case the Governor – an opportunity to appear and be represented before the Committee. It was for the Governor to determine whether to appear before the Committee and if so, whether to do it in person or by an advocate or by person and advocate. The Committee, further, observed that the County Assembly, as the originator of the resolution for the removal of the County Governor by their letter to the Speaker of the Senate dated 29th January, 2014, sent together with the resolutions to the Committee---. The County Assembly of Embu sent a number of documents in respect of their resolutions. The Assembly could have, therefore, had the option not to appear before the Committee and to rely entirely on the written documents filed by the Office of the Speaker. However, the Committee observed that in the interest of justice, it would also be necessary to invite the Assembly to appear before the Committee if it so desired and to produce further evidence if any, be it written or presented by way of a witness. It was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}