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"legal_name": "Sifuna Edwin Watenya",
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"content": "Thank you, Mr. Speaker, Sir. My question goes to the counsel for the governor. I would like to refer him to volume one of his documents. On page seven, paragraph 20, there is an averment made by the governor that, in fact, there was a holding of the High Court, and this is in reference to Malindi ERC petition number E006, page seven of the bundle in paragraph 20. Counsel, Vol.I of the governor’s bundle, page seven. For heaven’s sake, my time is being wasted by things I have already said. 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."
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Proceed."
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"type": "speech",
"speaker_name": "Sen. Sifuna",
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"legal_name": "Sifuna Edwin Watenya",
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"content": "Mr. Speaker, Sir, I am referring to bundle Vol.I of the governor’s bundle on page seven."
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"text_counter": 211,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Sifuna, you can only repeat if I tell you to."
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"type": "speech",
"speaker_name": "Sen. Sifuna",
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"legal_name": "Sifuna Edwin Watenya",
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"content": "Thank you, Mr. Speaker, Sir. Counsel, you have presented the averments at paragraph 20(a) as a holding of the court. That, in fact, the paragraphs you have superimposed there were a finding of the court. You are a lawyer of great repute, and reading a judgement, you can ascertain what a finding of the court is as opposed to an analysis of the presentation of the parties. The judgement referred to is on page 70 of that same bundle. I want the counsel for the governor to confirm to this House that, in fact, the paragraph quoted at 20(a) is not a finding of the court on the question of what two-thirds means and what should happen when there is a decimal. He quoted from paragraph 83 that it cannot be a holding of the court. In fact, the holding of the court should be at paragraph 86 of that judgment. So, my question to him is this; is it proper for you to present an analysis of the case by the learned judge as a finding of the court?"
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"text_counter": 213,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. (Dr.) Khalwale?"
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"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
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"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
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"content": "Thank you, Mr. Speaker, Sir. My comment on this will be limited to what I had begged the House to adopt in order for us to help this country. This is a very serious matter. It is already on record that no court can injunct Parliament. So, the first preliminary objection should collapse. A decision has already been made. My second comment is on the question of numbers. Counsel Mutuma, what would you like the governor to prove? This is a scientific fact that 47 divided by two- thirds is 31.3. As you guys say in law, res Ipsa loquitur. It proves itself. What do you want him to prove? It is not possible for a human being to be a fraction. I urge the counsel, that on this one, let us agree to give it to the governor because you also have a responsibility to grow the philosophy of impeachments. We give him the fact that a fraction of a human being does not exist. Next time, come with full numbers then we will listen to you. Finally, Mr. Mutuma, you are very experienced in this process. Listen to what the Speaker of the National Assembly said about the same thing. The County Assembly of Nyamira said the same thing. The County Assembly of Kericho said the same thing about numbers during elections. So, why do you invite joyriders to disagree with all of them? Is it to please you or to allow for proper jurisprudence?"
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Olekina."
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"speaker_name": "Sen. Olekina",
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"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
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"content": "Thank you, Mr. Speaker, Sir. I want the counsel of the governor to clarity for me something. The counsel for the Assembly has presented facts that this matter had already been determined by a court. In their volume one, page 131, there is a finding of the court that when it comes to the issue of two-thirds, it is not an issue where you determine the question of a human being able to be fractioned, but rather, it is scientific. Are you then, in your submission, questioning, or rather, have you challenged, or has anyone else challenged that finding of the court in the matter of Michael Justin 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."
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"text_counter": 217,
"type": "speech",
"speaker_name": "Sen. Olekina",
"speaker_title": "",
"speaker": {
"id": 407,
"legal_name": "Ledama Olekina",
"slug": "ledama-olekina"
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"content": "Dunda with the County Assembly of Tana River? That is a point that I would like you to clarify because this is a finding of the court. Secondly, on that issue, is the finding on the matter to deal with the Judicial Service Commission (JSC), where the court according to the facts presented by the Assembly, stated that you round off to the nearest whole number. What would be the nearest whole number in a matter which is 31.3? Is it 31 or is it 32? Thank you."
}
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