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{
    "id": 839092,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839092/?format=api",
    "text_counter": 130,
    "type": "speech",
    "speaker_name": "October 2, 2018 SENATE DEBATES 16 Sen. Cherargei",
    "speaker_title": "",
    "speaker": null,
    "content": "For instance, in July, 2014 a Member of the Missouri House of Representatives filed articles of impeachment against Governor J. Nixon, who was a Democrat, for ordering Missouri’s Department of Revenue to accept joint tax returns filed by same-sex couples who had been legally married in other states. The Missouri Constitution prohibits the state from recognising same-sex marriage. It is not a criminal activity as such, but rather morality and professional conduct. It is a political trial process and that is essentially what we have done. Mr. Speaker, Sir, this behooves the question: What is an impeachment? The Senate considered the report of the special committee investigating the proposed removal from office of the current Governor of Kericho County, Prof. Paul Chepkwony, who is serving the second term. The Senate in Philippines adopted the approval of the exposition of Sen. Miriam Defensor Santiago, who in her key note address at a workshop said- “An impeachment trial is a unique process because it is hybrid. It is both quasi -judicial and quasi political.” Mr. Speaker, Sir, as I indicated, these are quasi- judicial and political powers. It is neither a civil nor a criminal case. A criminal case is designed to punish an offender and to seek retribution. In contrast, impeachment is the first step in a process that tries to remedy a wrong in governance. Mr. Speaker, Sir, this is an issue of governance. We are trying to improve the standards, ability and collective responsibility of public office holders. It has been said that the purpose of impeachment is not personal punishment but rather to maintain a constitutional Government through the removal of unfit officials from position of public trust. In the first generation of devolution through the impeachment of Gov. Martin Wambora, Gov. Paul Chepkwony and the late Governor of Nyeri County, Kenyan courts have grown on the specific jurisdiction that it is a sui generis process that is quasi- judicial in nature and the rules of natural justice and fair administration action must be observed. I commend the Committee on Justice, Legal Affairs and Human Rights for bringing this Bill to the House. During the first generation of impeachment of governors after the promulgation of the Constitution in 2010 and the subsequent elections in 2013, people could rush to court and before the matter is heard in the impeachment procedure, there were injunctions in place. Therefore, the purpose of impeachment is not to apportion culpability, criminal or otherwise. However, it is to ensure that the people of a county are governed in a manner consistent with the Constitution and laws of Kenya. Impeachment, therefore, ensures accountability, political governance as well as policy and political responsibility. That is why, I assure the Council of Governors (CoG) and the 47 county chiefs that the Bill is not The electronic version of the Senate Hansard Report is for information purposes"
}