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{
    "id": 693219,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/693219/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Mr. Charles Njenga",
    "speaker_title": "",
    "speaker": null,
    "content": "Back to my point, Article 181 provides an opportunity for intervention within the term of a governor for reasons stated and for evidence and grounds that could be demonstrated. It is often argued that, yes, Article 38 of the Constitution provides political rights; that a person who is elected must hold office for the term. However, it is the same Constitution that anticipates that there can be situations where the governorship of an individual over a county is no longer tenable. We are here today because the governorship of Hon. Nderitu Gachagua in the County of Nyeri is no longer tenable for the grounds stated and the evidence that is now before the Senate. Article 181 has been interpreted by the Court of Appeal. I am referring to the response to the invitation to appear by the County Assembly, where I have set out an extract from the judgement of the Court of Appeal No.21 of 2014, that defines the nature and character of impeachment proceedings. The material part says:- “The impeachment architecture in Article 181 of the Constitution reveals that the removal of a governor is not about criminality or culpability but about accountability, political governance, as well as policy and political responsibility.” We are not here to try the criminal or civil liability of the Governor; far from it. What Hon. Senators must evaluate as you go through the documents is whether in the instances isolated and put forth as grounds, the Governor was accountable. “Accountable” is a principle well captured within our constitutional design. You must also be looking for political governance – the reading of Article 174 that provides for democratic rule even within the counties. You must be looking for policy and political responsibility. Hon. Senators, these are the standards that are relevant to an impeachment trial. I deliberately set out that particular provision because in the face of these proceedings and as we continue, you have to evaluate the context of a governor within the county set up. Who is a 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."
}