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{
    "id": 946528,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/946528/?format=api",
    "text_counter": 214,
    "type": "speech",
    "speaker_name": "Sen. Orengo",
    "speaker_title": "The Senate Minority Leader",
    "speaker": {
        "id": 129,
        "legal_name": "Aggrey James Orengo",
        "slug": "james-orengo"
    },
    "content": "national level. The President knows that certain tools can be used and that they are effective because there are people in the highest offices who have been dealt with in accordance with the law. In the State of Rio De Janerio, we are told, that three successive governors are serving jail terms leave alone the issues of impeachment. In Kenya, we must use these tools effectively to ensure that accountability is invoked whenever possible. However, at the end of the day, it should not be a matter of politics. That is why our history is good because we have tended to act in a bi-partisan manner when it comes to considering substantive issues or even plenary issues which will be brought, surrounding an impeachment process, be it that of a Governor or a deputy governor. We have just have had impeachments only with regards to Governors and deputy governors. In the USA, this process ends up being a question being determined by the House of Representatives and the Senate. The decision as to whether one is guilty of high crimes or misdemeanors is made in accordance with what the Senate eventually says. It is really a political process. However, in our jurisdiction having heard what the courts have said and reading the Constitution, we have a duty to ensure that we meet those constitutional thresholds. Has there been an actual violation of the Constitution? Has there been an actual violation of the law? The second pillar upon which an impeachment can be exercised is when there are reasons to believe that the governor has committed a national or international crime. However, that second threshold is a little bit lower in the sense that all that you have to establish is that there are reasons to believe that it is objective in the sense that we sit together to make that decision. Otherwise, it can be quite subjective because when we use the word “believe” as opposed to “determine”, then the threshold becomes a little bit lower. There are also issues of gross misconduct under the third pillar. I believe that in exercising our powers and authority, especially from the onset in establishing this Committee, we will be doing our constitutional duty and come out within the timelines which are specified in the Constitution. We are not at the level of looking at the merits as we are rightly guided by the Speaker. We are also not at the level of receiving evidence at this particular point where we are merely forming the Committee. I want to encourage Senators that it would have been odd for the Speaker or the House Business Committee to sit by itself and make a decision without it being brought before the House. This is because we could have, for many reasons, been persuaded that the matter should rest where it is. As the Speaker said, this issue is so serious that it can only be decided by the Senate sitting as a Committee of the Senate or by the Senate sitting in Plenary. Mr. Deputy Speaker, Sir, with those few remarks, I second."
}