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{
    "id": 520535,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/520535/?format=api",
    "text_counter": 169,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Mr. Speaker, Sir, I was saying, if I use the analogy of international law, in so far us for those of us who have studied international humanitarian law, you know that there are certain rules of war. Some of those rules say that when you go to war, you must not use indiscriminate weapons that are not targeted, that can cause greater damage than the target you were trying to achieve. If I use that analogy, I would say, that there are various mechanisms provided for in law that could have enabled us to deal with matters of indiscipline and corrupt public officers and those who fail to carry out their duties. The Constitution provides for impeachment of a governor and also provides an opportunity for people to go to court to remove a person. It also provides for a recall of a Member of a County Assembly (MCA). The rule or the mechanism that should be used sparingly is the one of suspension because it is indiscriminate. It targets the MCA, the governor, deputy governor and every member who was for or against a particular issue. It is discriminate in nature, it is able to bring down the county government completely and paralyze the systems of county governments but yet again because the law provides and gives this House the greatest benefit to preside over and oversight the process of suspension of the county government, we must do it because we have a job to do and we must be seen to be doing it fairly, meticulously and faithfully to the benefit of the people of Kenya. The process of suspension, just to remind the House, is anchored in Article 192 (1) (a) (b) of the Constitution which states that:- “The President may suspend a county government – (a) In an emergency arising out of internal conflict or war or (b) In any other exceptional circumstances”. That is why I was saying, that other exceptional circumstances in the rules of interpretation of law must be something closer to what is called emergency arising out of internal conflict or war. These are words that are used together, they must be interpreted as is close as possible to the ones that are specific in nature in the rules of interpretation, that those are internal conflicts or war. So, this process has began and the President received the Petition from the people of Makueni to dissolve the county government and as per law, the President went ahead to nominate a commission of inquiry as provided for 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."
}