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{
"id": 1483532,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483532/?format=api",
"text_counter": 138,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " As you may have noticed, we have lost considerable amount of time. As Sen. (Dr.) Khalwale has correctly stated, this is a time-bound process. According to our Standing Orders, we are supposed to give only half an hour to preliminary objections and we have gone beyond that. So, I seek your indulgence, hon. Senators, so that we move with speed. I will allow the counsel to proceed and conclude raising his preliminary objection. Thereafter, I will allow the County Assembly team to respond. The Plenary will then have an opportunity to respond, make any intervention or rather debate the preliminary objections as raised by both sides. Counsel, you had done 10 minutes before the confusion on documentation arose. Therefore, you have 20 minutes to conclude."
},
{
"id": 1483533,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483533/?format=api",
"text_counter": 139,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. First of all, I thank you, hon. Senators, for the accommodation you have extended to me. I appreciate the point made by Sen. Sifuna that I fell below what is expect of me. I profusely apologise. The second order I was referring to is found on page 22 in Vol. II. The effect of that order was that it stopped the county assembly from engaging, discussing and making any resolution on the impeachment. That notwithstanding, they proceeded to engage in discussing it and made a resolution, attendant to which it was forwarded to the Senate. It is our position that, having acted in violation of the court order, the impeachment Motion before you, within the meaning of the rule of law, should not have been forwarded. The relevant part of that order is order number 5 in which the Senate was told that, pending in the interparty hearing, the Motion dated 1st October, interim conservatory orders are issued against the respondents jointly and severally suspending and staying the debating, considering or acting upon the notice tabled on 23rd September, 2024, and Motion moved on 24th September, 2024 for the removal of the applicant Governor from office. Those are my first two preliminary objections. Mr. Speaker, Sir, I would like to move on to the third preliminary objection which is to the effect that this Motion before you, does not meet the two-thirds threshold. The absolute facts upon which I wish to raise that preliminary objection are these. I know I am out of time, so I will be as fast as possible. Hon. Senators, Kericho County has 47 Members of County Assembly (MCA)s----"
},
{
"id": 1483534,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483534/?format=api",
"text_counter": 140,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Loud consultations)"
},
{
"id": 1483535,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483535/?format=api",
"text_counter": 141,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Members, so that we make progress, can we have silence? Proceed. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1483536,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483536/?format=api",
"text_counter": 142,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. Kericho County has 47 MCAs; that is 30 elected and 17 nominated. All of them are functional in the sense that there is no vacancy or situation where there is any vacancy that is not occupied. Now, Section 33 of the County Government's Act requires that an impeachment Motion must muster at least two-thirds. I put emphasis on the use of the word ‘at least’. Kericho County Assembly is constituted of 47 MCAs and two-thirds is achieved when the vote comes to 31.3."
},
{
"id": 1483537,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483537/?format=api",
"text_counter": 143,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(The Serjeant-at-Arms changed the Counsel’s microphone)"
},
{
"id": 1483538,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483538/?format=api",
"text_counter": 144,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "",
"speaker": null,
"content": "I am being asked to change the microphone. Mr. Speaker, Sir, and hon. Senators, in the case before you, the impeachment was passed with 31 votes. Therefore, we argue that 31 is not the same as 31.3. If you combine the use of the word ‘at least’ in Section 33 of the County Government Act, with the threshold being 31.3, when you scale down to 31 as opposed to 31.3, then you have fallen short of the requirement of the statute, requiring at least two-thirds. A total of 16 of the MCAs as per the HANSARD proceedings which have been availed to you, in volume one, pages 82 to 161 did not support the impeachment of the governor. The significant pages would be pages 160 to 161. The Speaker of the county assembly then, wrestled with the question, whether 31 amounts to two-thirds. He then went on to say, on page 160- “My position is fathomed by the fact that we have customarily and by practice since the inception of the devolution, taken one-third of the Members of this Assembly, Kericho Assembly, to be 16, meaning the balance of the Members being two-thirds is equivalent to 31.” Mr. Speaker, Sir and hon. Senators, I will show that the Speaker of the County Assembly was wrong and misrepresented the facts. Having said that it is only 31 out of 47 who---"
},
{
"id": 1483539,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483539/?format=api",
"text_counter": 145,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Sen. Maanzo and Sen. Kajwang’ consulted loudly)"
},
{
"id": 1483540,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483540/?format=api",
"text_counter": 146,
"type": "speech",
"speaker_name": "Hon. King",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Manzo and Sen. Kajwang’, please let us hear the counsel in silence so that we can make progress."
},
{
"id": 1483541,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483541/?format=api",
"text_counter": 147,
"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "",
"speaker": null,
"content": "Mr. Speaker, Sir, with that in place, it is my argument that if the hon. Senators were to abstract for one moment, the argument of the provisions of Section 33 of the County Governments Act and imagine that you draw a line at the point at which two-thirds falls, you would be drawing a line at the point at which you are achieving 31.3. If you come to 31.2 or 31.1 or 31, you have fallen short of the provisions of Section 33 of the County Governments Act, saying it must be ‘at least’ 31.3. We argue that this Motion could only have succeeded if it had 31.3 and above. When it scaled down to 31, it immediately fell short of the provisions of Section 33 of the County Governments Act and Kericho County Standing Order No. 74. Mr. Speaker, Sir, I would also like to invite the attention of this Senate to the events that have happened previously in the County Assembly of Kericho. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}
]
}