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{
"id": 970032,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970032/?format=api",
"text_counter": 15,
"type": "speech",
"speaker_name": "Mr. Ng’ang’a Mbugua",
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"speaker": null,
"content": "Procedure. We also rely on the Constitution of Kenya, Article 129(2)(d)(?), provisions of the Fair Administrative Actions Act, Section 4(3)(a), and the previous precedent set by this Senate. Mr. Speaker, Sir, when the Governor was served with the invitation to appear on 22nd January, 2020, he had three days to put together his evidence. In doing so, he needed access to his office, which at the time was a challenge owing to a subsisting injunction barring him from access to the County Government Offices. Mr. Speaker, Sir, to enable the Governor substantively respond to the issues in the invitation to appear, he needed to consult with technical persons within the County Government, who would then provide him with the material necessary to respond substantively to the issues in the invitation to appear. There was a delay in receiving those documents within those three set days. In the circumstances, it was difficult for the Governor to put in his documents on the 25th, by 5.00 p.m. Failure to comply with that timeline was neither deliberate nor as a result of dilatory conduct on the part of the governor. Mr. Speaker, Sir, the Governor only managed to present his evidence on the 27th of January, 2020, one day outside the prescribed time. However, when he noticed that he was running late, he endeavoured to put in a preliminary objection by the 25th of January, 2020, which was part of what he would be relying on, and as a demonstration of good faith; and that he had every intention to challenge and defend himself before this Senate. Mr. Speaker, Sir, when you are invited to make a determination on an application of this nature, Standing Order 1 requires you to bear in mind the following. That the assembly, unlike the Governor, had documents together long before the invitation to appear was served; and hence in furtherance of the principle of equality of arms, the limited extension sought by the Governor is fair and reasonable. Mr. Speaker, Sir, I wish to point out that when we realised that we were running late, we endeavoured on Monday to drop a copy of those documents with the Assembly offices, so that by the time we were appearing on Tuesday, they had due notice of the documents and the evidence that we sought to rely on. That was on Monday in the evening. That was in good faith, so that by the time we are revisiting this application, the Assembly then had notice that in as much as the documents had not been received by the Senate, there was every intention to urge an application to have the documents lodged. Mr. Speaker, Sir, I also wish to mention that yesterday, I am informed that the Counsel of the Assembly was also furnished with a copy of those documents in as much as they had not been admitted again, so that they have can have due notice of the content of those documents and they are prejudiced during their case. Mr. Speaker, Sir, because this is a critical consideration, the nature of the evidence touches on evidence of what transpired on 19th December, 2019. Attendance logs which speaks to threshold and numbers. This is evidence that this Senate is entitled to, even without the Governor moving the Senate. It is evidence that the Senate, on its own Motion, can call for. It is in the interest of justice that all material that is relevant for the just determination of this impeachment be before this Senate for consideration."
}