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{
    "id": 484298,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/484298/?format=api",
    "text_counter": 399,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Mr. Speaker, Sir, on 9th July, 2014, as the affidavits are being sworn, and if you look at the affidavits, they state: “The matter of Bernard Kiala” when there was no matter. This was somebody filing a Motion before the County Assembly for impeachment of the Deputy Governor. According to the interim Standing Orders of the County Assembly of Machakos which are applicable in every county assembly across the country, Standing Order Nos.60, 61 and 62 provide that once a notice is given, the Clerk satisfies himself that it conforms with the law and once he has satisfied himself, he gives it to the Speaker who admits it, upon admission, the Mover gives notice of that Motion for seven days after which it shall be put on the Order Paper. What happens instead? A Notice of Motion is filed with the Clerk on 9th July, and on 11th July, Mr. Kiala is given Notice of that Motion and is asked to appear before the County Assembly ad hoc committee on 14th July. Remember the seven days the County Assembly had given M. Kiala would lapse on 16th July, but the County Assembly is giving Mr. Kiala four days to appear before an ad hoc committee on 14th July. There is no record from the proceedings of the County Assembly present before you that would show how even the ad hoc committee of the County Assembly of Machakos was appointed. First forward, there were legal proceedings which did not last too long and Mr. Kiala was proposed to be impeached. That is how the matter came before you. There was no hearing and no right to a fair trial afforded to Mr. Kiala. Mr. Speaker, Sir, it is noteworthy that the affidavits used at the County Assembly are the same affidavits that were used before the Special Committee and they are the same affidavits deponed to by the Executive Committee of Machakos in the Governor’s office on 9th July. Is it a coincidence? Is it right that the Senate of this country does not inquire into fairness because fairness is a right within Article 10 of the Constitution? Article 259 says that the Constitution must be interpreted so as to give meaning to the entire Constitution. That it must be interpreted as a living and speaking document to us, talking about fairness and justice; that is, fairness of a trial whether in a court of law or in a political process such as through the county assembly as well as the Senate. Mr. Speaker, Sir, if I left that aside, I will answer one question that I think many of you may be curious about. Why did Mr. Kiala not take the witness stand before the Special Committee? As we have sat here listening, that question seems to pop in the debate from the distinguished Senators. Allegations made against an individual remain allegations whether they are made on oath, are just statements or are verbalized. They remain allegations and nothing more. Our legal system is that the person who alleges has the duty to prove. He or she who alleges must prove. The duty of proving is on the County Assembly. It was not incumbent upon Mr. Kiala to disapprove the allegations which no evidence had been tendered for. The Report suggests that the Special Committee considered certain material including transcripts especially related to the two issues that are said to have been substantiated. The HANSARD will bear me witness that we raised objection to admitting the statements purporting to be transcripts of a speech which statement there was no evidence as to who transcribed it into paper to Kamba Language so that this is an independent person who is an expert who understands Kikamba. That person did not give a certificate to say that he is the person who has transcribed it and translated it into English. Because there was no such evidence, we had 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."
}