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{
    "id": 839303,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/839303/?format=api",
    "text_counter": 341,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "I would like to inform my colleagues that we have changed the law on the issue of challenging impeachment through the court process. There was a habit where if somebody was supposed to be impeached, he rushes to court and gets an injunction stopping the impeachment proceedings. We have now given them an opportunity so that by the time you are going to court, you can examine the entire process. The process can be reviewed and you can exhaust legal processes or mechanisms that are in place from the High Court to the highest level that we have in this country, through the Supreme Court. Madam Temporary Speaker, those are the issues that my colleagues have raised and I want to assure them that we will fine tune them. In fact, we seek to amend Sections 33 and 40 of the County Governments Act No.17 of 2012; which were being used by MCAs, so that we can merge them into one. Our main concern, as a Committee, has always been to ensure that we bring one legislation that will encompass all this. Madam Temporary Speaker, my seconder, Sen. Mutula Kilonzo Jnr, has said that there is an import of some sections of the Constitution into this Bill. Some of it is copy and paste. We do not want to duplicate the Constitution in any way, but we are seeking to bring it under one law. This will ensure that we exhaust the entire procedure and standardize it. The introduction of prescribed forms especially when you want to remove a CEC, a governor, or the President – in the level of National Assembly – will be factored in and ensure that all those issues are addressed. In fact, the special committee that is in place - because they were using the removal of Governor and the CEC under sections 33 and 40 of the County Government Act, the biggest issue that some of my colleagues raised was: What is gross misconduct and violation of the Constitution? We will need to ensure that all these grounds that have been stated by the Constitution and section 33 and 40 of the County Governments Act are considered. Madam Temporary Speaker, on that definition, we will ensure that it becomes precise, and the factors are provided for, so that we provide the necessary process of impeaching a governor. That is why we have provided under Clause 34, where the County Governments Act is amended by deleting section 33 and substituting it with a new section 33 where we are saying the procedure for the removal of the President on grounds of incapacity under Article 144 of Constitution shall, with necessary modification, apply to the removal of the governor. Madam Temporary Speaker, if you look at the Schedule, we have introduced a new section in which we are trying to modify, in line with Article 181 of the Constitution on the removal of the Governor, to ensure that all these has been deleted and amended it by substituting it with the new section 33 in section 40 by deleting the words “subject to subsection (2) appearing at the beginning of subsection (1) and deleting subsection 40(2) to (6). Madam Speaker, this is important so that we import everything from the County Governments Act, with necessary modification and within the Constitution, provided for the impeachment of the President and the governor. I want to assure my colleagues that the prescribed form will ensure that standardization is in place, so that it is indicated which in turn makes the issue become easy. The electronic version of the Senate Hansard Report is for information purposes"
}