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{
    "id": 969509,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969509/?format=api",
    "text_counter": 51,
    "type": "speech",
    "speaker_name": "Mr. Charles Njenga",
    "speaker_title": "",
    "speaker": null,
    "content": "Mr. Speaker, Sir, and hon. Members, it is one of you who said that we have been instructed and paid to do a job, so we wish to finish. That statement was not made to begrudge us on that. I promise that I will make one point that was supposed to be submitted by Counsel Wanyama, but he forgot on the itch of the emotion of submission. He submits passionately about issues of devolution. Article 50(1) provides that:- “Every person has a right to have a dispute that can be resolved by application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body” For purposes of Section 33 of the County Governments Act, the Senate is the body anticipated under Article 50(1). The question is, hon. Senators, are we independent in considering this matter? Are we guided only by the facts and the law, as it relates and regards the issues in this matter? It is not a question that the Governor asks of you; it is the law and the oath that you took, to be independent in consideration of all matters that call for your determination. Are you independent and impartial in this matter? Article 50(1) requires the Senate, sitting as a quasi judicial body considering a matter of removal of a governor, to be impartial. Are we being motivated in our consideration by an independent and objectivity of mind as to arrive at a decision that can be empirically verified by any other sole or such independent arbitral tribunal or body? Are we impartial? That is a standard required of you by your oath and the Constitution. I say this in consideration of the proceedings as relate to Gov. Waititu. The evidence, testimony and facts that have been discussed shows the following; without a doubt there was manifest violation of the Standing Orders of the County Assembly in passing this resolution. Their Standing Orders says 14 days for a special Motion. However, for Gov. Waititu, there was no need to comply, so they did 19 days because they will come to the Senate and nobody will ask. The Standing Orders say that any person facing a removal should be given documents, but it was okay not to give Gov. Waititu the documents. He was given a letter which said that he can appear on 19th September, 2019, personally or by counsel. He obliged and sent two advocates who wrote a letter and the Speaker acknowledged on HANSARD that there were two counsels representing the Governor. However, because they were Gov. Waititu’s advocates, they were not heard. They were sent to the Gallery to watch. They were not supposed to say anything regarding the facts or evidence. That is 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."
}