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{
    "id": 436587,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/436587/?format=api",
    "text_counter": 148,
    "type": "speech",
    "speaker_name": "May 13, 2014 SENATE DEBATES 29 Sen. Orengo",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, in paragraph 238 of the judgment of a case filed by the Governor before the court in Kerugoya, the court found out the following:- “We find that in the present case the procedure followed at the Senate was not faulted.” So, during the entire proceedings, nobody could point out anything that the Senate did that was at fault, unprocedural or unconstitutional for that matter. On the question of the threshold, and we have been talking about “gross violation”. I agree totally with what Sen. Murkomen said here about what, indeed, the tool of impeachment is used for. It is a governance tool. But some guidance, again, was given in that same case in Kerugoya. It will be good to read out what they said constitutes gross misconduct so that we have a bearing of what the courts think about this whole matter. They said the following quoting a Nigerian case. “The following in my view constitute grave violation or breach of the Constitution:- (a) Interference with the constitutional functions of the legislature and the judiciary by an exhibition of overt and unconstitutional executive power.” Mr. Speaker, Sir, this is a warning to the national Government and to the governors that if they interfere with the functions of the legislature, as properly constituted, that could also be a breach. There is also abuse of the fiscal provisions of the Constitution and abuse of the code of conduct so that you may think that a code of conduct is a small thing, but in the eyes of the Supreme Court in Nigeria and their courts have accepted, an abuse of the code of conduct can be a gross violation. They further talk about:- “(b) Pilfering of funds including monthly subventions for personal gains or for the comfort and advantage of the state governments.” Mr. Speaker, Sir, you will find that although the threshold is what my friend, Sen. Murkomen was talking about, we took a very high threshold. That is found in Paragraph 54. If you look at that, the threshold was a little bit higher. I thank you, Mr. Speaker, Sir."
}