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"speaker_name": "Sen. (Dr.) Khalwale",
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"content": "Thank you, Mr. Temporary Speaker, Sir. I rise to strongly oppose this Motion for two reasons. That we are going through an unprecedented situation in this country. Not during the eras of Presidents Kenyatta Mzee or Kenyatta 1, Moi and Kibaki has this country ever seen this kind of insecurity. I expect that anytime from now, therefore, the President might choose to exercise the powers in the Constitution which provides for him to declare a state of emergency in Mandera or any other part of the country. However, he cannot do so, without the approval of Parliament. Therefore, if we start entertaining Motions which are premised on the assumption that we are likely to go on recess, we are saying that we will deny the President the opportunity to exercise that very important role in the Constitution. The second reason I oppose this Motion is because of the provisions of Article 145 of the Constitution. So that my contribution flows, may I refer to Article 145(1)? It says:- “A Member of the National Assembly, supported by at least a third of all the Members, may move a Motion for the impeachment of the President- (a) On the ground of a gross violation of a provision of this Constitution or of any other law.’’ Having said that, it then also enjoins the Senate in Article 145(3) on what the Senate would then be expected to do should a Member of Parliament in the National Assembly successfully move a Motion in the National Assembly on impeachment. 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."
}