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{
    "id": 416548,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416548/?format=api",
    "text_counter": 124,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Thank you, Mr. Speaker, Sir. First of all, I would like to say something about the 12 and inform my colleague, Sen. Mutahi Kagwe, that there is a reason why the framers of the Constitution thought they should be 11. In fact, it is fair that you know that in all court proceedings of this nature, the numbers are always odd and that is why we have 11 and not 12. With regard to my contribution, first, I would like to agree with the Senators who have stated that the persons who have been selected are people of integrity. I agree entirely. I would, however, like to add that Article 181 of the Constitution has provisions that appear to be criminal in nature. Therefore, in its determination, the Committee must be aware that, that might lead us to other court processes against the Governor and the Deputy Governor. Secondly, it is fair for them to know that constitutional lawyers in Kenya will be waiting at the door to sue the Senate for many reasons, constitutional or otherwise, if they do not follow the law, rules of natural justice or in any event or if they consider extraneous matters that are not before them or worse, if they do not frame charges against these two. Sen. Murungi, I and Sen. Fatuma Dulo took a trip to the Australian Senate. We found out that these people have a good practice which we should adopt. That practice is that where we have Members in a Committee like we do, in case one of them disagrees, that person ought to have a separate report included in the main report. They call this a minority report. This makes people know that in their consideration, just like any other court, there was a dissenting voice of somebody who disagreed or agreed. As we debate these issues, we should also address the minority report like any other court which determines matters of this nature. Sen. (Dr.) Machage has raised certain fundamental legal issues and like any other court, since we are lawmakers, where there appears to be a lacuna or what we call in legal terms casus omissus, we should come here and have a separate report on provisions of law which ought to be amended or included so that we guide the country in knowing 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."
}