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{
    "id": 592531,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/592531/?format=api",
    "text_counter": 74,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(d) The charges as framed must state with degree of precision the Article(s) or even sub-Article(s) of the Constitution or the provisions of any other written law that have been alleged to be grossly violated.” 235. On appeal, the Court of Appeal sitting at Nyeri as regards what amounts to gross violation, held at paragraph 46 in Wambora 1 Appeals that: “We reiterate that what constitutes gross violation of the Constitution is to be determined on a case by case basis. Gross violation of the Constitution includes violation of the values and principles enshrined under Article 10 of the Constitution and violation of Chapter Six (Leadership and Integrity) of the Constitution; or intentional and/or persistent violation of any Article of the Constitution; or intentional and blatant or persistent violation of the provisions of any other law. The rationale for this definition is that the values and principles embodied in the Constitution provide the bedrock and foundation of Kenya’s constitutional system and under Article 10(1) these values bind all state organs, state officers, public officers and all persons. We hasten to state that the facts that prove gross violation as defined above must be proved before the relevant constitutional organ. Examples of the constitutional Articles whose violation amounts to gross violation include: i. Chapter 1 on the sovereignty of the people and supremacy of the Constitution more specifically Articles 1, 2, and 3(2) of the Constitution. ii. Chapter 2 - Article 4 that establishes Kenya as a sovereign multi- party Republic & Article 6 that establishes devolution and access to services. iii. Article 10 on national values and principles of good governance. iv. Chapter 4 on the Bill of Rights. v. Chapter 6 - Articles 73 to 78 on leadership and integrity. vi. Chapter 12 - Article 201 on principles of public finance. vii. Chapter 13 - Article 232 on values and principles of public service. viii. Chapter 14 - Article 238 on principles of national security. ix. Article 259(11) on advice and recommendation. x. Any conduct that comes within the definition of the offence of treason in the Penal Code (Cap.63 of the Laws of Kenya).” 236. A body exercising its quasi-judicial function should be very careful in deciding what amounts to gross violation or misconduct. The Supreme Court of Nigeria in the case of Hon. Muyiwa Inakoju already referred to above, warned that: “It is not a lawful or legitimate exercise of the constitutional function in Section 188 for a House of Assembly to remove a governor or a deputy governor to achieve a political purpose or one of organised vendetta clearly outside gross misconduct under the section. Section 188 cannot be invoked merely because the House does not like the face or look of the governor or deputy governor in a particular moment or the governor or deputy governor refused to respond with a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}