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{
    "id": 839161,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839161/?format=api",
    "text_counter": 199,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "remembers how a Cabinet Secretary should be removed. We have also provided short timelines so that we can ensure it is done within time. The Bill proposes that the process for the removal of a county executive member would commence by a Member of a County Assembly (MCA) submitting to the Speaker of the respective county assembly, a Motion in a prescribed form supported by at least, one third of the Members of the County Assembly. This is provided for. When we are relooking at the process or when somebody wants to challenge the court, there is always a process or documentation. We are still building the capacity of our county assemblies. This will ensure that we give MCAs a standardized process. If we do not have a standardized process, an MCA in Isiolo County would come up with a totally different thing from Makueni, Kisumu or Mombasa counties. If the Motion complies with the requirements, the MCA intending to move the Motion is notified within two days. We are trying to ensure that we limit the time so that we also put to rest the anxiety of a CEC or even a governor because the longer it takes, it might affect the operations of the county. If, however, the speaker declines to approve the Motion, the speaker shall inform the Member within two days. The Member is then required to move the Motion and if supported by at least one third of the Members, the county assembly shall appoint a select committee to investigate and report to the county assembly within 14 days. The committee looks at the charges that have been raised against the CEC. We are fast- tracking this issue to ensure that the report is ready within 14 days. The CEC has the right to appear and be represented before the select committee just like the President, the Deputy President, Governor, Cabinet Secretary or Deputy Governor. They choose either to represent themselves or be legally represented before the committee. If the select committee finds that the allegations against the CEC are unsubstantiated, no further proceedings shall be taken. If any of the allegations are, however, found to be substantiated, the county assembly shall vote on impeachment charges. If the Motion is supported by two thirds of the MCAs, the speaker shall deliver the resolution to the governor within three days. The governor shall dismiss the Member of the county executive within two days of receipt of the resolution or upon receiving the resolution. We have tried to focus on time in all these aspects of impeachment procedure. This should be done within a month or not more than one month. At the end of the day, it is within a specific timeline. We have to fast-track it in order to put anxiety at bay and ensure that it does not give opportunity for other issues to arise. If the county assembly vote fails, a Motion to impeach the county executive committee member based on the same charges may only be reintroduced to the county assembly, 90 days from the date of the last county assembly vote on the matter, and if only the Motion relates to a different fact. There is a principle of double jeopardy in criminal law. We have tried to mirror that in this aspect. Considering so many interests of county governments or even specific interest groups – commercial, political or any aspect – there could be somebody who is targeted politically. The electronic version of the Senate Hansard Report is for information purposes"
}