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{
    "id": 425531,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/425531/?format=api",
    "text_counter": 374,
    "type": "speech",
    "speaker_name": "Mr. Wilfred Nyamu",
    "speaker_title": "The Advocate for Hon. Martin Nyaga Wambora",
    "speaker": null,
    "content": " Mr. Speaker, Sir, my names are Wilfred Nyamu and I am counsel for the Governor, Martin Wambora. I am actually humbled and I think I will go into history as the first counsel to appear before the Senate. Just as this goes into history as the first impeachment proceedings, I would urge this hounourable House to consider that the same sword that is applied to my client, Mr. Wambora, today, will apply to future governors. So that if procurement improprieties are going to be grounds for the impeachment of my client today where he only participates on policy matters, then many governors will go and will this will apply, many years from now, even to governors for the future who may be in this House. Mr. Speaker, Sir, hon. Members, I am actually grateful to the Special Committee that we went through along with my client for a period of four days where we had sleepless nights, sleeping for one hour and going back and forth. As it is, I am happy because they exonerated my client from a very serious charge of abuse of office and gross misconduct. The only charge that remains now to be dealt with, as charges have been read before the House, is a charge under Article 181(1)(a), that is; gross violation of the Constitution and any other law. My client has been exonerated from having breached the County Governments Act and that is very clear. Even where it has been said that he breached his responsibility under Section 30(3), basically that must go because it was found not have been substantiated owing to the fact that the violation of the County Governments Act is not part of what is before this House. Hon. Members, as it is, it is very clear that the laws forming part of the charge are the Public Finance Management Act, the Public Procurement and Disposals Act and the Constitution of this country. My submission on that issue is that the basis upon which these two laws apply is Article 226 of the Constitution in respect to the Public Finance Management Act where provisions are made in terms of financial operations in a county government. I would urge hon. Members, before they vote, let them refer to that Act. They will find that there is nowhere that is indicated that the governor has responsibility. The governor, in respect to that part, has a responsibility as a member of the county executive committee and being chairman where only policy formulation is their role. Once it is determined that a certain project is to be approved and the budget is approved, implementation work goes to the accounting officers as defined under Section 148 of the Public Finance Management Act. 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."
}