Entry Instance

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{
    "id": 483933,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/483933/?format=api",
    "text_counter": 34,
    "type": "other",
    "speaker_name": "",
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    "content": "(ii) the violation must be flagrant and glaring; (iii) there must nexus between violation and the governor; (iv) the violation must have led to harm, loss or damage; (iv) the violation must have led to the loss of the dignity in the office held, loss of confidence or trust in the person holding the office to carry out the functions of that office with integrity and accountability. Mr. Speaker, Sir, four charges against the Deputy Governor of Machakos were forwarded to your office by the Speaker of the County Assembly of Machakos. Charge one was gross violation of the provisions of the Constitution; charge two was gross violation of the provisions of various Acts of Parliament; charge three, gross misconduct; and, charge four, abuse of office. From the evidence received by the Committee - the following charges of the allegations detailed under four charges - the following particulars were found to have been proved. 1. That the Deputy Governor had used language that was derogatory against the people from outside Machakos County; 2. That the Deputy Governor uttered ethnically and regionally divisive and defamatory words during public rallies. 3. That the Deputy Governor used his office to cause anxiety and tension to investors, private sector professionals and members of the public who were non-Kambas and non-Machakos Kambas. The question before the Committee, therefore, was whether the threshold for impeachment has been met. The majority of the Members of the Committee were of the view that the evidence adduced by the County Assembly on these matters was serious, substantial and weighty. The Evidence centred on use by the Deputy Governor of the word nguu, which in the County Assembly’s evidence was stated to be a derogatory term referring to non-Kambas and non-Machakos Kambas. The Deputy Governor, in his submission, stated that the term nguu was a metaphor in the Kamba language which was used to encourage peace and the need not to spoil for war; and that his utterances at the public rallies were for encouraging peace among residents of the county. Mr. Speaker, Sir, the majority of the Members of the Committee took the view that the preponderance of the evidence tendered before the Committee on this matter clearly indicated that the word nguu was a derogatory term used by the Deputy Governor to refer to non-Kambas and non-Machakos Kambas. Mr. Speaker, Sir, the Committee received DVD evidence, a transcription and translation thereof authenticated by the Principal Legal Counsel of the County Assembly of Machakos, one Mr. Hillary Muthui, of utterances made by the Deputy Governor on the 7th July at AIC Bomani Church and Masii Catholic Church. The Committee also received affidavit evidence by various persons citing instances where the Deputy Governor had made these derogatory and defamatory remarks in churches and burials. They, therefore, found that the Deputy Governor had blatantly violated the National Cohesion and Integration Act, in particular, Section 3 on ethnic discrimination; Section 6 on harassment on the basis of ethnicity and Section 13 on hate speech. The Committee found that there was a direct link between the Deputy Governor and the utterances complained of. 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."
}