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{
    "id": 839276,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839276/?format=api",
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    "content": "breathe down their necks and say “we want this verdict.” However, they must also read the signs of the times. If it is very clear that the President has violated the Constitution or committed criminal acts and there is clear evidence, the courts of law should be hesitant to interfere with these processes. Of course, since it is provided in law, they should only interfere in the clearest of cases. Madam Temporary Speaker, we had a running battle in the courts on the matter of the Governor for Embu County. We impeached him and they reversed the impeachment; the matter came again before us and he was impeached, but it was reversed. My good friend, Gov. Wambora, served his full term as an injunction Governor because he had been impeached, but he shielded himself with an injunction to the end of his term. We do not want to have a situation like that, because the will of the people, exercised through the Houses of Parliament at the national and county levels, should also be respected. Madam Temporary Speaker, it is equally important that I should not forget to mention the removal from office of a Cabinet Secretary. There are situations where CSs – either by their closeness to the President who has appointed them; or by the strength of the communities where they come from; or by virtue of the various sectarian interests they represent – it becomes difficult for the appointing authority to remove them from office. This is so even when it is clear that they are violating the Constitution they swore to defend, uphold and respect. This is so even when it is clear that they have committed criminal acts and that they do not morally merit holding that office. The appointing authority always fears sacking them because of the political consequences, especially where the appointing authority is serving his first term and is expecting to be elected for the second term. They then have to navigate carefully to protect what they call “future votes.” Madam Temporary Speaker, where such errant CSs or County Executive Committee (CEC) Members are detected, it then becomes the duty of Parliament or the assemblies to prosecute them. This should be done by the representatives of the people acting collectively. In fact, that will help the President or the governors to remove the bad apples from their baskets where they are not able to do so on their own. Madam Temporary Speaker, there are certain situations where you find yourself in a coalition and the head of a party in your coalition is your CS. Therefore, if you let him go, your government collapses. Therefore, you have to find a way where such people who become rogue can be removed from office through the representatives of the people. Once again, the timelines have been set and it is equally important. Madam Temporary Speaker, all this trickles down to the assembly, where a governor who is unable to remove a CEC Member – because of political, ethnic or whatever considerations – can have it done by the assembly though this Act, which removes malicious conduct. If you want to remove the President, a CS or a governor, you must bring out the facts as set out in law. You have to prove whether they have violated the Constitution or a written law. One must quote the Article of the Constitution or section of the law which has been violated. If they have committed offences, you must cite the offense committed and the law transgressed for it to become clear. One does not have to bring impeachment proceedings the next day under the colour of violation of law after he quarrelled with The electronic version of the Senate Hansard Report is for information purposes"
}