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{
    "id": 754585,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/754585/?format=api",
    "text_counter": 60,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Thank you Mr. Clerk. I am particularly concerned because this Senate is like the High Court, we deal with record and everything we do is on record. On the qualification of a Speaker, your duty is to ensure that the person is qualified under Article 106 and the Standing Orders. That person should also be qualified to be a Member of this House. My concern is that this House discussed one of the candidates at great length and passed a resolution concerning that person and their work as Governor of Bungoma County. For the record, I am holding the report of the Standing Committee of Finance and Budget tabled in this House on 5th April, 2017. There are 10 recommendations in this report. I am only concerned with Recommendation No. 10 which reads as follows: “In the event that the allegations being investigated by the Ethics and Anti- Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) are substantiated, the Governor should be dismissed or otherwise be removed from office as contemplated under Article 75(2) of the Constitution.” First, I am not aware of what the Senator for Tharaka Nithi, Sen. (Prof.) Kindiki is talking about, that there has been any sort of clearance by a court in this country. If that was the case, that document should be tabled. Alternatively, you should tell us whether that document was tabled before you at the time that you qualified Lusaka Kenneth as a candidate capable of becoming a Speaker of this House. My concern is as follows and it is fair that you clarify. Since this was a report of April, 2017, in the event that these two bodies find that Governor Lusaka is culpable, what are we supposed to do if he is sitting on the Chair as the Speaker? It is fair that you tell this House and the nation; and under The Fair Administrative Action Act, you are under obligation to give us reasons of your decision. Sitting as a Clerk, where you are the presiding officer, you are then acting in a quasi-judicial capacity. I have not said that anybody has been adjudged guilty or not; but we are bound by our decisions as a Senate. I am not aware that if the decisions of the last Senate were passed, then they are not binding on this House. As far as I am concerned, they are binding. Mr. Clerk, you have put us in such a position that we might have to have our Speaker step aside while we are discussing him. Alternatively, when the Committee on Implementation is implementing this Report, we will be put in the crosshairs because we do not know what we are supposed to do. So, mine is to seek clarification. I am aware of"
}