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{
    "id": 839179,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839179/?format=api",
    "text_counter": 217,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "Yes, Mr. Deputy Speaker, Sir. It is the proverbial cat. You know the challenges that we had in the impeachment of Gov. Wambora. The matter went on all the way to the Supreme Court and they sought an advisory opinion. The Supreme Court, in its wisdom said that when you impeach an elected representative of the people, like the governor, you must have public participation. This law provides for how that public participation on impeachment will be done. Mr. Deputy Speaker, Sir, Article 152 of the Constitution talks about the impeachment of Cabinet Secretaries. The Chairperson of the Committee on Justice, Legal Affairs and Human Rights, Sen. Cherargei, appeared to say that, in fact, if our Members and colleagues in the National Assembly had taken Article 152 seriously, we would possibly have impeached two Cabinet Secretaries by now. Why have they not been impeached? We do not want to impute improper motive, but it is in the public domain that some people ended up with Kshs10,000 in their pockets. It would have been much better if this law was in place so that we can have a proper process of impeaching a Cabinet Secretary if they befoul the Constitution. Mr. Deputy Speaker, Sir, a question has arisen, just like in the case of the late Gov. Gachagua – may his soul rest in eternal peace - and it will arise, assuming that the Governor of Migori is to be impeached. Now that the Governor is incarcerated, can somebody move a motion to impeach him, when they are unable to serve him? That arose during the case of the late Gov. Gachagua, where his lawyer, Mr. Wanyama, went with a letter and said: “This is a notice of appointment by Gov. Gachagua; you are at liberty to serve me.” The County Assembly said: “No! We do not know who you are; we will serve Gov. Gachagua.” Mr. Deputy Speaker, Sir, an issue arose again on what constitutes evidence for purposes of impeachment. Was Gov. Wambora served with the evidence that would lead to his impeachment? I will surprise you. Your friend, the Governor of Makueni’s impeachment proceedings are still pending in court to date. Those are the questions that we have attempted, as the Committee on Justice, Legal Affairs and Human Rights, to address here. An issue arose in the case of Gov. Mwangi wa Iria. You were here and remember how we quarreled as to whether the court should issue an injunction."
}