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{
    "id": 437960,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/437960/?format=api",
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    "content": "( b ) have been substantiated, the Senate shall, after according the President an opportunity to be heard, vote on the impeachment charges. (7) If at least two-thirds of all the members of the Senate vote to uphold any impeachment charge, the President shall cease to hold office. This one does not say that the President shall cease to hold office unless gazetted. It does not say that he shall cease to hold office unless the decision is announced in a newspaper. I have read that section because a judge of a High Court of the Republic of Kenya, which has purportedly reformed, cannot use interim orders to quash a decision that has already been made. I do not know what Constitution some people read. If he was giving interim orders to preserve the swearing-in of the Deputy Governor, we would understand. If he was giving interim orders to stop anyone else from taking office, we would understand. However, for him to use interim orders to issue orders of certiorari to quash a decision that has been made by this House--- I think we need retraining of our Judiciary. I want to say this with utmost respect because the things I am seeing being decided by judges are things we learnt in first year. It should be obvious in law, on the face of it, that you cannot make decisions on interim orders and say that someone can continue to work in an office. This message must be made very clear. There is clear conflict here. If the Governor of Embu continues to expend public resources, this House will be faced with a decision of relooking at the issue and making a proper declaration. We cannot operate like this. I agree with Sen. Kajwang that we need to bring a substantial Motion so that the Judicial Training Institute can work a little bit harder to ensure that our judges are in consonance with the new constitutional order. I was out of this country and was saddened to receive news alerts on 411 saying that the Speaker of Embu had disappeared. How can someone disappear during the day? Coincidentally, it is the Speaker who has been facing the challenges of impeachment and so forth. I hope that his disappearance had nothing to do with his role in the matter of the impeachment of the Governor of Embu. If it had, then I am worried. I am worried because the message being sent to the Movers of Motions in county assemblies is not correct. We are telling them that if they move a Motion against a Governor, they will disappear. We are telling the Speaker of a County Assembly that if they preside over such a Motion, they will disappear. The Speaker assists in conducting the affairs of this House and ensures that there is civility of the House. You, Mr. Speaker, do not vote in this House. You assist in conducting the affairs of this House and ensure that there is civility in the debate of the House. Why should you be sacrificed for decisions that have been made by elected Senators in this House? We need to give proper protection to officers who are fighting for accountability. Disappearances in the 21st Century are unacceptable. I am sending this message both to the Minister for Interior and Coordination of National Government and to all who may have been involved in the disappearance of that man. That means that you can go drink tea and after that, you are told that Sen. Orengo has disappeared only for him to reappear somewhere in Limuru on the road. That is not acceptable. 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."
}