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"id": 970085,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970085/?format=api",
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"type": "speech",
"speaker_name": "Mr. Charles Njenga",
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"content": "on in any forum, not just the Senate; even in court and they have said that they were not in the county assembly. That is a material fact. It cannot be ignored, avoided or glossed over. This Senate has a responsibility to the people of Kiambu and the nation; to confirm what happened. Was there a fraud of the assembly upon the Senate? Our submission is in the full evaluation of facts. You will find that the Governor of Kiambu County was not impeached at the county assembly. The Motion and the resolution that found its way to the Senate is unattainable and unsustainable to the effect that it should be dismissed at the threshold. It is very easy for this Senate, in its investigative mandate, to call for even the Closed Circuit Television (CCTV) records of the county assembly. It is our submission that this is a duty that the Senate has dutifully and willingly carried out in the past. In the Special Committee of this Senate convened to investigate the matter of Hon. Mwangi wa Iria, there arose the question of whether the Governor was heard at the county assembly. The plea by the county assembly was that, that is not a matter that the Senate should investigate. The Senate should just look at the Motion and resolution, and proceed. However, this House said that they want to see the HANSARD, look at the invitation to the Governor and the process in the county assembly. This report is within your records. In the fullness of that evaluation, unfortunately in that case, the Senate found that the Governor had been properly notified. The point that I am making is that the Senate took time to call for facts and investigate the matter that was raised in the course of the proceedings. It is on page 75 of the report. In fact, Senate said: “We, as a Special Committee, have a duty and it is incumbent upon us to determine if there was any violation of the Constitution at the county assembly level.” Today, we are being told that we should ignore the county assembly process and deal with what we have. That is not what the Constitution and the law provides. I urge the hon. Senators to interrogate these material facts in their fairness to the Governor. You must make a decision as to whether you were properly activated and seized of this matter. This is because if you find that the number threshold was not attained, the matter rests there. You have to down your tools. This is because you are improperly moved by the county assembly to a process that has certain minimum statutory and constitutional prescriptions. Similarly, in the matter of Prof. Paul Kiprono Chekwony - which I also had the occasion to appear for the county assembly – an issue was raised by the Governor on the question of whether or not there was public participation at the county assembly. The Senate Committee said that they could not ignore that fact. It is an issue that affects the constitutionality of the resolution that has been brought to us. We must investigate it. If you look at that report – I think it is 115 pages – the Senate went into material detailing; calling evidence and summoning persons to confirm whether or not there was public participation at the county assembly level. The effect, therefore, directly impugns the validity of the resolution, to the effect that the Governor was not properly impeached at the county assembly level."
}