HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 839164,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839164/?format=api",
"text_counter": 202,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "Therefore, if we do not take care, we will run into a very dangerous landmine where if the Motion fails today in a particular county assembly, be it Tharaka-Nithi or Mombasa county assemblies and they have failed to impeach a CEC, for example, we want to ensure that the same facts are not used against the officer again. Maybe the same facts that the MCAs have reintroduced are found to have flimsy reasons. So, within 90 days, you can introduce a motion against a specific CEC but on different facts. I assure the county executives in our counties that their jobs will be protected. This also ensures that MCAs or anybody else does not, in any way, proceed unnecessarily. There are miscellaneous provisions. These are threshold services or processed. You can either be served personally or any other form these courts have developed or in form of advertisement in newspapers of national circulation. An important thing I would like to comment on Section 34 on court proceedings. The Bill provides that a person may move to the High Court to review a decision under the proposed law within 14 days of the decision. We have tried to ensure that when the process is ongoing, court injunctions or any court decisions that can come along the way, will wait until the process is finished. Then, one can move to the High Court for review. The High Court is then required to dispense with the suit within 30 days of filing. We have also ensured that, if there is any decision after the county assembly or Parliament, somebody who is affected; the President, the Deputy President, Governor, Deputy Governor, Cabinet Secretary or CEC, have time to move to the court of law. If they feel that they were unjustly removed from office and they do not have confidence in the entire process, within 30 days the court should have dispensed with the issue. It is normally said that justice delayed is justice denied and that is why we have ensured this is done within 30 days. An appeal of the decision of the High Court shall be filed within 14 days, heard and determined within 45 days. So, within 14 days, if the High Court makes an unfavourable ruling to a particular party, they can move to the next court. This will be heard and determined within 45 days. With that hierarchy up to the level of the Supreme Court, we have ensured that this is done within 45 days. So, the issue of reviewing the process in a court of law or through the judicial process, can come later when somebody does not believe in the outcome of the county assembly or Parliament. If anyone wants to challenge, they should wait until the process is completed. The Bill will amend sections 33 and 40 of the County Governments Act to align the provisions of the Act to the proposed law on impeachment proceedings. Mr. Deputy Speaker, Sir, finally, I urge my colleagues that this is a very important Bill that will assist. Devolution is serving its second generation. We need to ensure that the legislation will ensure seamless running of our counties. It will also ensure that the threshold, as provided for under Chapter Six of the Constitution on Leadership and Integrity, the spirit and substance of our Constitution is met. I assure all stakeholders, the presidency, Council of Governors, county governments, Governors, CECs and Cabinet Secretaries, that if they serve this country diligently, then there will be no need of applying this law. The electronic version of the Senate Hansard Report is for information purposes"
}