Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 692104,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/692104/?format=api",
    "text_counter": 55,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "CONSIDERED RULING ON THE MANNER OF DISPOSAL OF THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF NYERI COUNTY Following the resolution of the Senate yesterday Wednesday, 7th September, 2016, on the Motion against the establishment of a Special Committee to establish the matter of the proposed removal from office, by impeachment, of the Governor of Nyeri County, I undertook to rule on the manner in which the Senate will proceed with the disposal of this matter. Honorable Senators, you will recall that on every occasion on which the question of the manner in which to consider the proposal for the removal of a governor by impeachment has arisen before this Senate, the Senate has proceeded to approve the formation of a special committee which has then, in terms of Section 33 (4) of the County Governments Act 2012, investigated the matter and reported within a period not exceeding 10 days, whether it found the particulars of the allegations to have been substantiated. The defeat of the Motion for the establishment of the special committee yesterday means that we must determine the procedure and the timelines we will require in order for the Senate, acting as the whole legislative body rather than a committee, to dispose the matter. Honourable Senators, you will note that neither Article 181 of the Constitution, Section 33 of the County Governments Act or our own Standing Orders shed any light on the procedure to be used if the route we took yesterday is to be adopted. This unprecedented situation necessitates recourse to Standing Order No. 1 of our Standing Orders which provides as follows:- 1) In all cases where matters are not expressly provided for by these Standing Orders or by other orders of the Senate, any procedural question shall be decided by the Speaker. 2) The decisions made in paragraph (1) shall be based on the Constitution of Kenya, Statute Law and the usages, forms, precedents, customs, procedures and traditions of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya. In making this ruling, therefore, I am also guided by Article 259 of the Constitution which requires that the Constitution - in this case, Article 181 - be interpreted in a manner that promotes its purposes, values and principles, advances the rule of law and permits development 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."
}