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{
    "id": 970081,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970081/?format=api",
    "text_counter": 64,
    "type": "speech",
    "speaker_name": "Mr. Charles Njenga",
    "speaker_title": "",
    "speaker": null,
    "content": "charges. We say that in particular respect because one of the material particulars they are supposed to demonstrate is that there is a valid Motion before the Senate, resolution or process that properly, and in a manner provided for by law, activated the jurisdiction of the Senate. The county assembly must demonstrate that the process that the Senate is called upon to interrogate, to hear and determine charges, was proper from the time of its inception. Without that lack of demonstration, then there is the risk and possibility that the Senate is sitting on an unconstitutional Motion. Allow me to make reference to the determination; a decision of the court made by the late Justice Onguto in the case of Mwangi wa Iria vs Murang’a County Assembly. It is a reported case. In paragraph 92 of that decision, the court said that: “The Senate must also interrogate the entire process as it scurried through the county assembly. I have seen no law that restrains the Senate from returning a verdict that the process was not conducted as detailed under the Constitution or any law for that matter.” The Senate must consider the process as it went through the motions in the County Assembly. I say that because in the recitals read by the Speaker of this House on the material that was presented by the county assembly to the Senate, you will notice at the outset that one of the documents was not provided. You were given a notice of Motion and an order paper, but you were not given a list of the members who voted in support of the resolution. That is a document that admittedly and even by reference to the record, is absent. The second important fact that I want to refer to is that there was an admission by the witness of the county assembly that it is information that was not brought to the Senate. That is material to us because we have determined as the people of Kenya and our Constitution that we are a democratic nation that observes the principles of democratic governance. What is democratic governance? Democratic governance relates to validation of any act, appointment or resolution by a number threshold. Hon. Senators, you are Senators because of numbers; you won an election. The President of the Republic is the President because of numbers. In the Constitution, there is a litany of many enactments that are validated by certain number thresholds even in this Senate. As a way of illustration, I will look at Article 115. On the question of budget and the veto of the President, there is clear prescription of a two-thirds majority for the Senate or Parliament to veto such a recommendation. If we go back to our case, then what are the numbers required to pass a resolution impeaching the Governor at the county assembly? Section 33(2) of the County Government’s Act provides that:- “If a Motion under subsection (1) is supported by at least two-thirds of all the Members in the County Assembly---’"
}