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{
    "id": 970124,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970124/?format=api",
    "text_counter": 107,
    "type": "speech",
    "speaker_name": "Mr. Charles Njenga",
    "speaker_title": "",
    "speaker": null,
    "content": "In closing on that issue, our submission is that the lapse of the statutory timeline is granted by the County Government Act which is the law that grants this Senate jurisdiction to hear an impeachment Motion. It is not in the Constitution. If you look at Article 96 and 181, it does not mention the Senate; it is mentioned under Section 33 with the limited function within the prescribed time. It is difficult to make a decision that appears to undermine your jurisdiction. That we concede. However, this is an institution established and governed by the law. So, your first allegiance should be to the law. That is our simple request, prayer and submission. The last issue that we raised as a preliminary objection is the question of public participation. I will not add any facts in support of that preliminary objection other than the deficiency or the complete lack of evidence by the county assembly showing that there was any public participation. I remind the House that this is a settled issue by this House. The Senate said in the Special Committee considering the issue of Gov. (Prof.) Chepkwony, the Governor of Kericho County that public participation is a necessary constitutional pre-requisite and that has to be demonstrated by the county assembly. That is a finding of the Senate and it is bound by its own finding. On the material that was presented before this House by the county assembly, there was no evidence whatsoever of public participation. The Court of Appeal in Civil Appeal No. 192 of 2015 in the case of Gov. Martin Nyaga Wambora also spoke to that issue. The court said, but I do not wish to read the entire judgment, that- “Impeachment of a governor is such an important issue of a constitutional moment that the public ought to be facilitated by the county assembly to participate in.” On that ground, the decision of the Senate and the County Assembly of Embu, in that instance, was set aside by the Court of Appeal. So, it is an issue that this House is enjoined to consider. Our submission is that in absence of any demonstration of public participation, the resolution before the House is constitutionally deficient and incapable of supporting the removal of the Governor of Kiambu County has proposed and, therefore, must fail. We, therefore, pray and ask hon. Senators to consider our interventions on point of laws by way of this notice of preliminary objection. In full evaluation thereof, you will find that they all have merit based on the evidence that is already on record, of a public character and for which the Senate has powers to take judicial notice thereof under the Evidence Act. I shall now call my colleague to respond to the substantive issues raised in the charges."
}