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{
    "id": 820556,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/820556/?format=api",
    "text_counter": 270,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "on his table. We have guarded against such cases in the Bill. The Bill says that if there is no response from the Speaker within seven days, the motion will be deemed approved. So, if there is vested interest, we have protected that. That is the case with regard to any Bills that the President fails to assent to. We have also given timelines. The clerk of the county assembly shall, at least seven days before the date on which the motion is to be moved in the assembly, serve the governor with a copy of the motion and invite the governor to appear and be heard by the county assembly. I stand to be corrected on Gov. Wambora's impeachment case. One of the reasons the charges preferred against him were dismissed, is because, at that point in time, the principles of natural justice were not followed. That is why the Bill seeks to give the governor an opportunity to be heard, so that a fair and just process is conducted. If the motion is supported by at least two-thirds of all the members of the county assembly, the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within three days. Within ten days after receiving the resolution from the speaker of the county assembly, the Speaker of the Senate shall convene a meeting of the Senate to hear the charges against the governor. In this regard, the Senate may investigate the matter with or without the involvement of a special committee. I know that in the past, this House has used a special committee to hear impeachment cases. Therefore, this will be dependent on the wisdom of the Speaker. If the Speaker deems that the charges drawn against the governor will be prosecuted in a fair and just manner by a special committee, he shall so direct. However, that will not be an impediment to the successful prosecution of that matter. At the beginning, I said that this House will be a trial chamber on this matter. We will use county delegations when voting on this matter. That means that if you are not in a delegation, you will have no vote. Of course, if you are a Nominated Member you know your delegation. If the charges against the governor are upheld, he will cease to hold office. The Speaker of the Senate will inform the speaker of the county assembly about that resolution. If the Senate vote fails to result in the removal of the governor, then a motion to impeach the governor on the same charges may only be introduced in the county assembly 90 days from the date of the previous Senate vote. If a matter arises and a county assembly wants to impeach a governor, and I do not want to say which governor looks impeachable--- What happens, for example, when a motion to remove the governor of County “X” from office is passed by the county assembly and the vote in the Senate fails? We have put a stop-gap measure in the Bill of 90 days, which translates to three months. There is the principle of double jeopardy in criminal law, where you cannot bring the same charges over the same issue. So, if you do not take care, within one week, the MCAs may bring back that matter. The same procedure should apply for the governors. We only need to modify the procedure of the deputy governor. I have heard that the governors are uncomfortable with this Bill. I know that many governors are serving their second term and they are headed here. This is being called the trial chamber. We in the trial chamber are preparing the ground-work for them. When Sen. Mutula Kilonzo Jnr. goes back to the village, God willing, to be the Governor of Makueni County, the person who will end up as the next Senator of Makueni County 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."
}