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"speaker_name": "Sen. Cherargei",
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"legal_name": "Cherarkey K Samson",
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"content": "Mr. Deputy Speaker, Sir, these are some of the issues that are in the public domain. I am telling Kenyans what the Members of the National Assembly should be doing in order to impeach the Cabinet Secretary vis-a-vis what they are allegedly doing. The Clerk of the National Assembly will forward the Motion to the Speaker of the National Assembly upon confirming that the Motion complies with the law. The Speaker of the National Assembly will examine the Motion, and if it complies with the procedure, the Member intending to move the Motion will be notified within three days. You will realize that we are trying to reduce the timelines so as not to create space for monkey business. If you create more time in African countries or anywhere across the world, there can be monkey business and some issues can come up. Therefore, by reducing the timelines, we want to reduce the anxiety of the Cabinet Secretary and the nation. If we do not give timelines, the office holder might delay the process of discharging his or her mandate. The Member will then move the Motion, and if it will be supported by at least one-third of all the Members, the National Assembly will be required to appoint a select committee to investigate and report to the National Assembly within ten days. The Speaker has been given the power to investigate within ten days after the Motion is supported by one-third. If the select committee finds allegations, no further proceedings are to be undertaken. The National Assembly will be required to vote. If the allegations are substantiated, the resolution requires the Cabinet Secretary to be dismissed. Clause 11(a) and (b) states that: “Pursuant to Article 152(10) of the Constitution, if a resolution under section 10(b)(ii) is supported by a majority of the members of the National Assembly – (a) the Speaker shall promptly deliver the resolution to the President; and (b) the President shall dismiss the Cabinet Secretary.” Therefore, you will realize that before this gets to the President, in respect to the principle of national justice, we have ensured that the Cabinet Secretary can appear before the Senate Committee during the investigations to defend themselves or choose not to if they wish, such that it will be very easy when it gets to the point where the National Assembly is concluding the removal. Finally, Part Four is on the removal of a county governor and deputy governor. We want to ensure that the business of the Senate is not to impeach or remove a county governor or deputy governor. We are trying to put in place the law that will ensure seamless, transparency and accountability such that the office-holders will behave and conduct themselves in the manner that befits a serious State officer or an office holder. We have looked at Article 181 of the Constitution and Section 13 of the County Governments Act in line with this. In the first generation of devolution, you will find that The electronic version of the Senate Hansard Report is for information purposes"
}