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{
    "id": 970048,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970048/?format=api",
    "text_counter": 31,
    "type": "speech",
    "speaker_name": "Mr. Mbuthi Gathenji",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Mr. Speaker, Sir. My name is Mbuthi Gathenji. I am going to respond on behalf of the Assembly. First and foremost, the application before you is for leave to file documents out of time. The first important thing that this House should do is to define those documents. The presumption from the application that is before you relates to two types of documents; evidence and pleadings. You will find that the counsel has not given a background of how they accessed this House. The only way they can approach this House is to first comply with Rule No. 6 of this Schedule, that obliged them to file an answer and the answer is mandatory. This answer must be filed within three days of the invitation under Rule No. 4(a) on a date specified in the invitation. Once they file the answer to the charges, they then have audience to go into the realm of documents. Under Rule No. 6(a), the response itself must be a response to the particulars of the allegation. So, that is the first document, and that is what places them here. Before they talk about evidence to support that answer, they must first satisfy you that they have a base. In our case, they have not. There are no pleadings contrary to the rules of procedure in the Fifth Schedule. Before Governor Waititu asks for any additional indulgence from this House, what he should do is to satisfy you that that he has filed an answer, as required by Rule No.6. Moving on, the rules are very clear on who should receive this document. It is the Office of the Registry. Besides providing for the content of the answer, there is a requirement that in Rule No. 6 of your Registry that the Office of the Clerk of the Senate should receive those documents. It is our case that our case has already been heard. In substance, we have brought witnesses and closed. It is our case that any admission of the answer to start with will require this House to start afresh, if it is going to comply with the equality of arms principle. The equality of arms principle, in brief, provides that you file your allegation against me, and I will file my answer in response to your allegations. Evidence is based on the allegation and the particulars. Therefore, it is our case that they must be precise in what they are looking for, otherwise you cannot exercise a discretion when there is a breach of a very fundamental document, which is the answer. Oral evidence, cross-examinations and re-examinations have been given, and they are all based on the answer. The equivalent in our civil proceeding is a plaint and a defense. We cannot have evidence brought into the darkness. As I said, the rules and timelines are mandatory."
}