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{
    "id": 970899,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/970899/?format=api",
    "text_counter": 81,
    "type": "speech",
    "speaker_name": "Mr. Charles Njenga",
    "speaker_title": "",
    "speaker": null,
    "content": "Thank you, Mr. Speaker Sir. I only have 10 minutes, so allow me to dive right into it. Mine is to speak to a few legal issues that are very material to this session. In the case cited by my senior who was interesting my pupil master and my trainer, Mr. Nani Mungai, the court has said that the jurisdiction and mandate of the Senate to hear an impeachment flows from a resolution of the county assembly. Therefore, without a resolution, this gathering is not properly constituted. This session to hear the charges against the Governor cannot be legally and competently moved without a proper resolution of the county assembly. Why do I say this? It is because in the proper and exhaustive evolution of the facts, you will realize that there is a fraud upon the Senate. The law is clear on the extent that it provides for a number threshold required to pass a resolution for the removal of a governor. The law says that when you have two thirds then you have a valid resolution. The evidence available – and that will be demonstrated – shows that on the material date, only 57 members of the County Assembly of Kiambu were available and participated. Even without further interrogation, that by itself calls into question the validity of the resolution, and invites the Senate to make a determination as to whether it has been properly moved to hear and determine the proceedings of these charges. The courts have said that there cannot be justice without the law. I know that we are all itching to proceed to the facts and to remove the Governor, the country is in the mood. However, the law is there to safeguard all of us. We are here, before a legislature and before the Senate of the republic of Kenya - which is enjoined under Article 94 of the Constitution - to protect the Constitution and the democratic governance of the republic. Therefore, the law is an issue and we have to consider it as a preliminary issue. The second thing that calls into the investigation of this Senate is the question of statutory timelines. Where the law provides a statutory timeline within which an action should be done and resolved, there cannot be any other argument. If we are to be loyal and subservient to the law, we must interrogate our own processes and confirm at the first instance whether we are compliant with the law. The Governor is here on allegations of violations of law and the Constitution. Before we put him to the sword, we have to look within ourselves and confirm whether we are properly constituted. I say that based on the material evidence before this House that shows that this House was notified on the 23rd of December, right before Christmas. In no uncertain terms, the law requires that the Senate be convened within seven days. That is Section 33 of the County Governments Act. It does not give any conditions, any accommodation or latitude to extend that time. The facts herein show that the Senate was convened on the---"
}