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{
    "id": 497822,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/497822/?format=api",
    "text_counter": 218,
    "type": "speech",
    "speaker_name": "October 28, 2014 SENATE DEBATES 33 Sen. (Dr.) Khalwale",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Deputy Speaker Sir, I have heard my colleague. I was making the point that there is obvious abuse of the doctrine of separation of powers to the extent that there appears to be an attempt by a section of the Judiciary to try and be seen to be superintending the other two arms of Government. If we may call it a triangle, that has got the three corners of government. However, we want to remind the Executive, Parliament and the Judiciary that, that triangle has got the angle 60 at all their turning points. Therefore, they should not misconstrue the triangle of the doctrine of separation of powers to be a pyramid where one arm of the Government sits at the apex. The issue of governors has been spoken to. Indeed, if those who wish to oppose this committee could just spend a week in the County Public Accounts and Investments Committee of the Senate, they will realize how we are heavily disadvantaged and challenged. Today, we are dealing with an issue of summons pertaining to a particular county. Tomorrow, another one and the next day, we will deal with another excuse. It has made it difficult for us to report to this House on time because most of the time getting a governor to come is not easy. We are forced to invite him two times and, subsequently, summon him before it dawns on him that he cannot run away. We hope that this committee will unlock this impasse so that our Committee can be functional. The issue of Governors running to court for summons as evidenced in the case of the then Governor for Embu is very sad. Members of the public still think that this man is a Governor. He is not. The purpoted winning of a case was in respect of an earlier case that was there which was overtaken by events in the sense that it was in respect of the first attempt to impeach him. Today, in my Committee, the Governor of Murang’a, who was doing very well caused me to come up with a Motion that is about to come to the House so that he could be exempted from the four counties that had refused to honour summons. He has now written to us a letter telling us that he has summons but cannot come. So, we have to put our feet down and ensure that we force them to move away from impunity. They should respect invitations from this House. I am glad to inform the House that the County Public Accounts and Investments Committee (CPAIC) has taken a decision whereby in two weeks’ time on 11th November, we will sit with the Attorney-General and the Director of Public Prosecutions (DPP) to decide the next step we should take now that some Governors have defied summons. We do not want to ask the DPP to take up the matter to cite a Governor for contempt and then he belittles us. I am very hopeful that if this Committee swings into action, the threat by MCAs to sue the Senate to stop over sighting counties so that they can become superior to the Senate will not take effect. 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."
}