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{
    "id": 969501,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969501/?format=api",
    "text_counter": 43,
    "type": "speech",
    "speaker_name": "Mr. Peter Wanyama",
    "speaker_title": "",
    "speaker": null,
    "content": "That explains why Section 188 talks about gross violation, the equivalent of Article 181 of the Constitution on gross violations. Accordingly, where misconduct is not gross, then Section 188 weapon of removal is not available to the House of assembly. Mr. Speaker, Sir, in the same vein, we submit that if you find in these documentations that there are certain misconducts by the Governor and this misconduct exists, you must check whether it meets the constitutional threshold of gross. As I submitted, not every allegation or violation of the Constitution attracts an impeachment. Not every violation of the law meets the constitutional threshold for impeachment. Indeed, this is what the Senate said in the report of the Special Committee of this House concerning the impeachment of Gov. Mwangi wa Iria and Gov. Chepkwony, which was confirmed. The issue of the threshold for impeachment is complex and does not contain a simple mathematical formula. We agree entirely. You must consider all relevant facts, motive of impeachment--- The Deputy Governor sends one of his legal advisors to swear a testimony against the Governor and clearly, he is the one who wants to take over the Governor’s seat. That is motive – very important. We are not applying a mathematical formula. A very important witness, the Director of Procurement in the County Government of Kiambu, comes to the Senate, and then when he listens to our presentations, he disappears and does not testify. Thirdly, a key witness – the mover of the motion – makes 47 admissions out of 49 questions which were asked by him, stating expressly and clearly that these documents are outside there. That he was given time he could have done a better job. That is the context in which we are looking at these issues, and they must be considered. Therefore, this is the threshold which this House adopted, and it is precedent which binds this House in this decision making. The allegations must be serious, substantial and weighty. As I submitted, where the documentation is incomplete, you require further analysis or investigations for you to make a conclusion, then you have to halt further proceedings. The violation must be flagrant and glaring. Again, that is very critical. There is no witness from the County Public Service Board (CPSB). As I said, the only instance in these impeachment proceedings where the County Assembly attempted to cast some level of violation on the Governor was when they accused him of having appointing staff illegally. That was the only instance where they came close. It left us with one question; what really happened regarding this impeachment? Where is this testimony from the CPSB to complete the narrative? Is this testimony not available as we speak now? Does Kiambu CPSB not have board members who can be subpoenaed to come before the Senate to assist this House to make a decision? That was the closest they can get, but there is nothing in terms of content. They did not complete the narrative. In essence, they never discharged their burden. As I said, these are quasi-judicial proceedings, but the County Assembly still has a burden to discharge when they are prosecuting the case against the Governor. It is not the Governor to discharge his own burden by calling the CPSB to come and testify; it is the County Assembly. You are the one in control of the impeachment, and, therefore, you are entitled lawfully and constitutionally to bring that evidence here so that the House can make a conclusion on what really transpired. Remember that some The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}