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"id": 993331,
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"speaker_name": "Sen. Kang’ata",
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"content": "Mr. Speaker, Sir, allow me to explain. I have already moved the Motion. I am now canvassing it. Notwithstanding that ruling, I hereby give the reasons as to why the Jubilee Party gave me these instructions. I am doing this for the benefit of my brother, Sen. (Prof.) Kindiki and the public who are watching us. The reasons are: One, there was a meeting that was scheduled on 11th May, 2020 at State House. It was called by the Jubilee party which sent a notice to various Senators who belong to the coalition. However, Sen. (Prof.) Kindiki did not attend the meeting. We sent notices via short messages services and we used his last known mobile contact. In the event he did not receive that message, he ought to have updated his records with the party. After failing to attend that meeting, no apology was rendered to our party. We have minutes which were signed by myself and His Excellency President Uhuru Kenyatta, the party leader of Jubilee Coalition. Mr. Speaker, Sir, we serve in these positions having been given them by parties. Therefore, when a party losses confidence in you, it has every right to withdraw the support. When Jubilee party supported Sen. (Prof.) Kindiki to be in that position, there were no reasons given. So, in the same manner, when the party does not have confidence in the Deputy Speaker, it should be allowed to do the same. Mr. Speaker, Sir, one may argue that Sen. (Prof.) Kindiki did not receive the message for the parliamentary meeting. That is possible. However, under Section 29 of the Evidence Act, there is a concept called judicial notice which also applies in parliamentary practice. The matter was well known and publicized by the media. Therefore, it is a fact that everyone knew that there was a meeting on Monday 11th May, 2020. However, for whatever reasons, Sen. (Prof.) Kindiki failed to attend the meeting. Therefore, the party lost confidence in him. The importance of parliamentary group meetings cannot be belaboured. This is because they have effects of constituting or toppling governments. Whereas I agree that Kenya is a presidential and not a parliamentary system, for example, the United Kingdom (UK), Canada and other Commonwealth jurisdictions, we often draw lessons from Commonwealth countries. Mr. Speaker, Sir, I bring your attention to South Africa where a parliamentary group meeting recalled President Thabo Mbeki. Theresa May was also kicked out of Government by a parliamentary group meeting. President Trump, who is the President of a country that practices the presidential system, was saved in an impeachment process by a parliamentary group meeting. Therefore, when parliamentarians meet as political parties, it is sovereignty. Article 1 of the Constitution says that people can exercise sovereignty themselves or through their elected representatives. Therefore, the meeting at State House was crucial to this party and when Sen. (Pro.) Kindiki failed to attend, the party was not happy. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}