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{
    "id": 520601,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/520601/?format=api",
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    "content": "governments, yet you have one government. But the county assemblies and their leadership in some cases have taken such positions as if they have the overall mandate of the people of whatever county that they come from. Maybe for the people who are drafting the amendments to the Constitution – the Okoa Kenya initiative – this is one of those potions that they ought to look at in terms of the work of the Senate, so that we can have a dispute resolution mechanism. Everytime the Chief Justice is called to any place, he keeps on talking about alternative dispute resolution. I would have loved to have a position where these matters are handled at some point before they get to the level where they are going. This is because without a doubt, the County of Makueni is going to be opened bare by this Commission. Nothing should be left unturned. No stones should be left unturned. If there are snakes, it is the high time that we find out. I have not read the Petition itself because I do not have it. But from what I hear, it contains 46 grounds. Those 46 grounds ought to be interrogated in detail. If there are bodies or institutions of the national Government – the Auditor General, the Controller of Budget or any other person who might be required under the Commissions of Inquiry Act – they should summon them. Madam Temporary Speaker, most importantly, the Commission must ensure that the people of Makueni get a hearing. That can only happen if they are at a place where the people of Makueni would not be taken to a great expense to provide whatever material they need, in order for this determination to be made. In doing so, the Commission must ensure that the rules of evidence and natural justice are complied with in full. We do not want to have a report that has got hearsay information or is not supported by any facts or evidence, being targeted against persons, because this is precedent setting in every sense of the word. Madam Temporary Speaker, the drafters of the County Governments Act never anticipated or put a timeline to this. The word they have used in Section 123 is that this process must be done expeditiously. “Expeditiously” can mean anything. It is as ambiguous as it can be. It could mean 90 days or more than that, yet ideally this matter is urgent. It could not have been more urgent than it is today as it was last year. The people of Makueni have been waiting anxiously to interrogate their Petition in so far as dissolution is concerned. I have no objection to the nominees to the Commission. Mr. Mohamed Nyaoga is a lawyer of high distinction. This is a gentleman who, in fact, was the Chair of the Commission appointed by the President to investigate something to do with the Mining law or licences that had either been given illegally or otherwise. As a legal practitioner, I have not heard of any report of quarrels about this gentleman, Mohamed Nyaoga. Madam Gatuguta without a doubt is resident in Makueni, in a farm which I am well aware of. Taib Ali Taib is a lawyer of high repute, practising in Mombasa. He is a very calm gentleman. In fact, I was equally surprised when I saw his name, because I was not aware that he is actually an expert in conflict management. It is good that his name has been put here. There is also a Professor whose name is in this Report. I have received several reservations about his name, but in my own view, the commission of Inquiry will act in the open. They will not sit in a closed room. Therefore, if somebody campaigned for another person or participated in the elections, as many have suggested, I do not think 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."
}