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{
    "id": 938830,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/938830/?format=api",
    "text_counter": 339,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "(Sen. (Prof.) Kindiki): When a holder of an office is abroad then he is absent. There is a physical limitation of performance of duty and, therefore, they would appoint a deputy to act. However, vacancy implies legal incapacity meaning that office is vacant and the person holding it has no legal capacity to perform those functions. For further reflection, let us listen to Sen. Olekina and close that matter. Sen. M. Kajwang’, thank you for reminding us that Judge Ngugi’s observation was obiter dictum which is important. It was not part of the matters canvassed before the court, but it is thought provoking though. Sen. M. Kajwang’, I have one last clarification to ask from you; do you not think if absence connotes physical inability to perform functions, it means, therefore, a court order, in my view, which limits the governor’s capacity to perform functions by saying the governor cannot access office. The office can be the physical building or it can be interpreted broadly to mean the actual performance of those functions from wherever; as in the case in Kiambu County. Do you not think, therefore, that definition of absence that limits the governor from performing functions technically moves that issue towards creating a vacancy of a temporary nature or thereabout? Do you not think so?"
}