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{
    "id": 592535,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/592535/?format=api",
    "text_counter": 78,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Similarly, Article 152(7) of the Constitution vests the impeachment authority of a Cabinet Secretary on the National Assembly on a Select Committee which is mandated to investigate and report to the House whether it finds the allegations against the CS substantiated and in this case whether the grounds stated amount to gross violation of the Constitution or any other law and gross misconduct. Subsequently, if the allegations are substantiated, the House is mandated pursuant to Article 152(9)(b) to take a vote to approve the resolution requiring the CS to be dismissed. This implies that a duty is imposed on the Special Committees of the Houses to examine and interrogate the facts as stated in the Special Motion amounting to alleged gross violation of the Constitution or gross misconduct and to this extent, the findings of the Special Committees must be guided by the interpretation precedent set by the courts of law. Hon. Members, in respect of removal from office of members of constitutional commissions and independent offices, Article 251(6) of the Constitution places the obligation to make the finding on the thresholds at the second instance on an independent tribunal constituted in accordance with that Article. The second issue which has precipitated this communication is the emerging incidences where some Members who had initially signed a Special Motion request, through letters to the Speaker, to withdraw their signatures in support of the Special Motion, before the Motion is considered by the House as provided for under the Standing Orders. Both Standing Orders 64 and 66(1) require the Hon. Member to deliver to the Clerk a copy of the proposed Motion in writing before giving the Notice of Motion to impeach or dismiss, as may be the case under the relevant Article of the Constitution. The copy of the proposed Motion given to the Clerk is required to be accompanied by the proposed Motion in writing signed by the Member, and signed in support by at least one- quarter of all the Members. For instance, Standing Order 66 provides as follows:- “(1) Before giving notice of Motion under Article 152(6) of the Constitution, the Member shall deliver to the Clerk a copy of the proposed Motion in writing- (a) stating the grounds and particulars in terms of Article 152(6) of the Constitution upon which the proposed Motion is made. (b) signed by the Member, and (c) signed in support by at least one quarter of all the Members of the Assembly. (2) A Motion under paragraph (1) shall be disposed of in accordance with Standing Order 56(2). (3) An Order Paper on which the Motion under paragraph (1) is listed shall set out- (a) the grounds and particulars upon which the proposed Motion is made; (b) the name of the Member sponsoring the Motion; and, (c) the names of the Members in support of the Motion. (4) Any signature appended to the list as provided under paragraph (3) shall not be withdrawn.” Hon. Members, Standing Order 66(4) provides that any signature appended to the list as provided for under paragraph (3) shall not be withdrawn. On the other hand, paragraph (3) refers 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."
}