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{
    "id": 416550,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416550/?format=api",
    "text_counter": 126,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "what to do in case of impeachment of a Governor or a Deputy Governor. We should know what legal frameworks exist. If there are any lacunas, we should cover them so that we are not challenged by the constitutional lawyers who cannot wait to take this matter to the High Court and make a mockery of this. There is, in the County Governments Act, a provision which says that after this Special Committee addresses this issue, the Governor will be heard again. So, it is fair, as they deliberate on this, to consider whether the two hearings that are contemplated under that Act constitute of two or one hearing. It is fair that they check that in all provisions, except the one of setting out this Special Committee, all the words used are followed by the word “shall” so that after the ten days, there “shall” and the hearing “shall” and even the case of calling the Governor should be “shall.” Therefore, it is mandatory that they comply with those provisions so that we are proud of the 11 Senators. I dare say that this is most likely the largest hearing because the Supreme Court has less, the Court of Appeal has less and the last time that a court of this nature sat was during the petition of Sen. Abu Chiaba. I had a privilege of appearing before this one and here we had nine. So, we are the largest. It would be fair to say that we are setting precedence in more ways than one. I urge this Committee to make us proud; not only in terms of conducting a fair hearing following the rules of natural justice--- Since the senior counsel are present, they should comply with the burden of proof in matters which appear to be criminal in nature and not use a balance of probability. Where it is beyond reasonable doubt, give us a finding and a report that we will put on our shelves and say that this is the HANSARD of the impeachment of the Governor of Embu as precedence to be followed, not only in Kenya but also in other jurisdictions. I beg to support."
}