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"content": "chamber. As you are aware, it is like a quasi-judicial process. They ensure that they prosecute and that is why it is called a trial chamber. Although the Constitution under Article 152(6) provides that a Member of the National Assembly--- by at least quarter of all Members may move a Motion to require the President--- Sorry, my apologies. I got mixed up. Article 152(6) of the Constitution requires that- “A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary— ( a ) on the ground of a gross violation of a provision of this Constitution or of any other law;” Going further, this is pegged on Article 152(7), which states that- “If a motion under clause (6) is supported by at least one-third of the members of the National Assembly—” That is the overview of the Bill that we are trying to look at. Mr. Temporary Speaker, Sir, Article 181 has also, in itself, provided how a county governor should be removed. I know that you and all the Senators are very keen on this, because there is a specific interest, especially considering that, as all of us are aware, one of the key roles of the Senate is to ensure that we oversight counties. There are so many impeachment proceedings for governors that this House has processed before, although some of us did not have the privilege of being there. Sen. Mutula Kilonzo Jnr. was in the last Senate and they prosecuted quite a number of impeachment proceedings. The major obstacle at that time was the procedure. However, we have now ensured that even as the county assemblies generate that impeachment process from the lowest level, they should do it within a prescribed form and within the law so that it becomes easy. Mr. Temporary Speaker, Sir, as an overview of the impeachment proceedings, when a Member of the National Assembly submits a Motion in the prescribed form, this is key because it makes it easy to tie it with the tradition, usage and the procedure that has been provided. When that Motion is supported by at least one third of the Members of the National Assembly and forwarded to the Clerk of the National Assembly, the Clerk must be satisfied that it complies with the Act. Many people will ask whether we are giving too much power to the Clerk; no, we are not. The Clerk is just to cross check whether it complies with the requirement of the law that it should be supported by a third of the Members as required. They will check to ensure that it complies with the law and not for approving or disapproving it. Therefore, that is the standard. If the Clerk is satisfied that the Motion complies with the Act, he will submit it to the Speaker of the National Assembly. Many people have said that we are giving power to the Speaker, but we are not. I do not want to cast aspersions,but we believe that the Speaker of the National Assembly and the Speaker of the Senate are men of integrity; are beyond reproach and like Caesar’s wife, are above suspicion. Therefore, they are the ones who will examine the Motion. That is the power that people are saying we have given too much of to the Speakers. The Speaker will examine it within three days. 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."
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