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{
    "id": 969582,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969582/?format=api",
    "text_counter": 124,
    "type": "speech",
    "speaker_name": "Mr. Ng’ang’a Mbugua",
    "speaker_title": "",
    "speaker": null,
    "content": "Governor must prevail. The standard, threshold, nexus and all the requirements must be complied with and be discharged by the Assembly. We did not criticise the Senate. We respect this Senate because it comprises of noble men and women of character. An expression of dissatisfaction with a determination is not out of disrespect. We respect this Senate. We know, trust and have confidence that it will be able to consider this matter objectively and arrive at a just determination. Mr. Speaker, Sir, the other issue that I would like to deal with is on evidence. We are all in agreement about threshold and nexus. However, you have been told that since there is a report which is binding. Yes, we agree it is binding, but I am glad that Mr. Nani Mungai read a recommendation that the office of DPP was being requested to prosecute. Perhaps a question needs to be asked: Why was there no prosecution? Could it be that further investigations were conducted and it was found that there was no basis upon which those that had been adversely mentioned in the report would have been prosecuted? That is a question that this Senate needs to grapple with. In our humble submission, it may very well be that lack of that prosecution is indicative of the fact that there was no reasonable basis upon which charges would have been pressed against the Governor. Mr. Speaker, Sir, on crimes, again, under Article 181, yes, we agree. It is reason to believe that a crime has been committed. However, can we then say that in a situation where no prosecution was commenced, even after recommendation was made, constitutes sufficient basis to believe? Our humble submission is that it does not and that is why it does then not rise to the threshold required in terms of Article 181 of the Constitution. Mr. Speaker, Sir, you were told about evidence of kinship. It is important to point out that those documents about CR12 and family members is to demonstrate or to prove an alleged charge of conflict of interest. First, we raised an issue of sub judice which is a very important legal principle. Does this Senate want to wade into a matter that is currently the basis of active prosecution? Number two, you are now told that merely because somebody said that he attended a ngurario that he did not even have pictures to show that he was actually in attendance, should now be taken to be the truth of that statement; that, in fact, there is evidence of kinship. That cannot be true. There has to be a higher standard. Not simply a CR12 allegedly that bears one name that resembles the name of the Governor. On the issue of employment, you have been told that because there is a letter from the office of the County Secretary alluding to the fact that---"
}