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{
    "id": 839101,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839101/?format=api",
    "text_counter": 139,
    "type": "other",
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    "content": "b) the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.” Therefore, under Article 152, the National Assembly has the power to ensure that the CS is dismissed. Anyway, if the National Assembly was alive and not moribund or ineffective, they would have impeached most of the CS’s. Unfortunately, because of many issues that are there, including Members of Parliament (MPs) receiving bribes of Kshs10,000 in toilets, it is hard to effect some of these things. Therefore, the National Assembly is required to establish a select committee to investigate the matter and report whether the allegations have been substantiated. This is the ideal law. Article 181(1) of the Constitution provides for the removal from office of a county governor. This is where we are, and this is what was used in the first generation of devolution when we saw Gov. Wambora of Embu, Gov. Chepkwony of Kericho and the Late Gov. Gachagua of Nyeri, among others, facing impeachment. Article 181(1) states: “( b ) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gross misconduct; or ( d ) physical or mental incapacity to perform the functions of office of county governor.” Mr. Speaker, Sir, what we have done is to import Article 181, and tried to breathe life into it by ensuring that we create a procedure. This is because abuse of office, gross misconduct, physical or mental incapacity to perform the functions of the office of the county governor are in place. Section 33 of the County Governments Act of 2012 provides that: “(1) A Member of the county assembly may by notice to the speaker, supported by at least a third of all the members, move a motion for the removal of the governor under Article 181 of the Constitution.” We are now trying to ensure that we have synchronized that law to the level where we have a unified or one law in order to have a more elaborate process of how this should be done. Therefore, Members of the County Assemblies (MCAs) were using this during the first generation of devolution. We are lucky because you are the immediate former Governor of Bungoma County and you know the dangerous and lethal weapon which the MCAs used to have. This was blackmailing the governor to fulfill their selfish interests. I know that we have very good MCAs in this nation who know their work. However, when they decide to intimidate and blackmail you by unleashing the lethal weapon of mass destruction, then you should be very worried as a governor. Mr. Speaker, Sir, Section 33 continues to say: “(2) If a motion under subsection (1) is supported by at least two-thirds of all the members of the county assembly— (a) the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days; The electronic version of the Senate Hansard Report is for information purposes"
}