Entry Instance

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{
    "id": 776466,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/776466/?format=api",
    "text_counter": 89,
    "type": "speech",
    "speaker_name": "t",
    "speaker_title": "",
    "speaker": null,
    "content": "he inclusion of the CJ as a subject of the Petition by the said Adrian Kamotho Njenga, therefore, is, in itself, misplaced and fatal to the Petition. The petitioner, by purporting to move the National Assembly to consider removal of the Chairperson of the JSC by using Article 251 of the Constitution is a long shot, pedestrian and engaging in a fishing expedition. As a result, the House will not be in a position to address itself to the rest of the contents of the Petition in light of that material irregularity alone. It, therefore, follows that this Petition falls on its own sword. I shall, however, proceed to address the rest of the contents of the Petition that similarly raise issues of concern in order to restate the procedural requirements governing petitions for the removal of constitutional office holders and independent offices. Hon. Members, the Petition as filed seeks the removal of seven members of the JSC jointly and severally on three of the six grounds specified under Article 251(1) of the Constitution, these are, and I quote: “(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six; (b) gross misconduct, whether in the performance of the member’s or the office holder’s functions or otherwise; (c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankruptcy.” Hon. Members, the Petitioner outlines several particulars in support of the grounds without particularity as to which ground they support and which specific member of the JSC they relate to. I have previously guided the House on this issue in a Communication issued on 22nd October, 2015 on the processing of Special Motions under Articles 145, 150(2), 152(6) and 251 of the Constitution. In that Communication, I ruled that the grounds outlined for the removal of a constitutional office holder should specifically relate to the individual office-holder with sufficient particularity and annexures or sworn testimonies in support. This House, at the close of the 11th Parliament, amended its Standing Orders to accord with that Communication by The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}