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{
"id": 970096,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970096/?format=api",
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"type": "speech",
"speaker_name": "Mr. Peter Wanyama",
"speaker_title": "",
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"content": "My submission is that Section 33 of the County Government Act has been cast in stone and it does not give the Senate discretion whatsoever. I submit that discretion in this case has been taken away. In law, we, usually say that desecration is like the hole in the doughnut. It must be exercised within the confines of the parameters of law. If the law has given you discretion, then just like the doughnut, you must exercise it within those confines. Otherwise, any decision we make which is outside that hole in the doughnut is a decision which we submit is ex-facie illegal. It is unconstitutional and cannot be sustained at all. Mr. Speaker, Sir, I also emphasize in terms of decisions that have been made by this House. Remember this is a House of precedent. There has been more than seven impeachment proceedings which have been conducted in this House. At no point in time during the impeachment of Governor Wambora did the Senate extend its timelines beyond the provisions of Section 33 of the County Government Act. In fact, during the impeachment of Governor Wambora, the Senate had to sit up to 4.00 a.m. in the morning to comply with the strict timelines in the Statute. That is very significant. During the impeachment of Gov. (Prof.) Chepkwony, this House had to be recalled from recess to hear an important matter concerning the removal of Gov. (Prof.) Chepkwony. During the impeachment of Governor Mwangi Wa Iria, timelines were strictly complied with. Section 33 of the County Government Act was strictly compiled with. There was no deviation whatsoever even by a minute."
}