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{
    "id": 938826,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/938826/?format=api",
    "text_counter": 335,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "Article 182 talks about vacancy in the office of the county governor. My view, not being a legal scholar, but being average when it comes to English language, is that “absence” and “vacancy” are two different things. Mr. Deputy Speaker, Sir, “vacancy” has been clearly defined in the Constitution. Article 182 states that:- “The office becomes vacant as a result of death, resignation, impeachment or imprisonment for a term exceeding 12 months”. This Motion does not address vacancy because where there is a vacancy there are clear procedures for succession. This Motion addresses absence. The reason why this Motion comes up is because the Constitution does not define what constitutes absence. We have a taken a fairly narrow view because we are focused on the issues that were prompted by Justice Ngugi’s ruling on issues of state officers when they are charged. This means they have some integrity issues and, therefore, they should stay out of their offices. There are court orders that could legitimately lead to the absence of a governor. If you look at Article 182(1) (d), the office of a governor becomes vacant only if the governor is charged and sentenced to imprisonment for a period exceeding 12 months. What if a governor was imprisoned for eight months? Is that a vacancy or an absence? In my view, that is absence. If a governor would be in jail for 11 months, should we not as Senate, then provide directions and guidance for the deputy governor to step in, not as a substantive governor, but as an acting governor because the governor is absent? Mr. Deputy Speaker, Sir, secondly, there are cases of illness. In my County of Homa Bay, my governor has been ill and it has been in the public domain. Indeed even appearances before the County Public Accounts and Investments Committee (CPAIC) have been deferred because he has travelled. That is absence; that is not vacancy. Finally, and this happened in this Republic, when the President was going to The Hague, that was construed not as a vacancy in the office of the President, but as an absence. Mr. Deputy Speaker, Sir, we need to allow this debate to go on. Probably, what we need to focus on is the definition of absence away from the clearly defined circumstances of vacancy that are already in the Constitution. If anything, the ruling by Justice Ngugi has been described as obiter dictum by some of us and as has rightly been pointed out it affects State officers. Governors and Senators are State officers. It is a matter at the Court of Appeal. We, probably, might want not to limit ourselves to the issues that arose in that particular ruling, but look at this matter broadly. There are many circumstances that will lead to absence of a governor."
}