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"id": 1483612,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483612/?format=api",
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Senator for Nandi County, Sen. Samson Cherarkey?"
},
{
"id": 1483613,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483613/?format=api",
"text_counter": 219,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "Mr. Speaker, Sir, you need to protect me from the Senate Majority Leader. I just want to agree with my colleagues. In the history of this Parliament, no one can injunct Parliament. So, that aspect of an injunction of Parliament or court order before the National Assembly or the Senate does not hold water. I would, therefore, advise the governor’s defense team to stop pursuing that line. Secondly, on the issue of two-thirds, my concern is on Section 33 of the County Governments Act and Article 181 of the Constitution on the removal of a governor. In the decision of Raila Odinga versus Independent Electoral and Boundaries Commission (IEBC) in 2013, the Supreme Court pronounced itself that when the process has started off, and I want to extrapolate that when the process has taken off as envisaged in that ruling before the Supreme Court, that process is time-bound. The fact that you read the charges means that the process is ongoing. When you look at Rules No.14, 16 and 30 on the Removal of a Governor, the process is already ongoing; the train has left the station. So, the question should be if the process has already begun, as per Section 33 with the genesis of Article 181 of the Constitution on the removal of the governor, what happens? I agree that in scientific proof, you cannot have a fraction of a human being. However, for some of us who are not very good at mathematics, there is also the principle of truncation. You must balance both, so that at the end of the day, we give justice to the County Assembly, the governor, any other person and the people of Kericho County. Since the train has left the station, let us go ahead and listen to the merits and demerits of the case then we determine. I submit."
},
{
"id": 1483614,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483614/?format=api",
"text_counter": 220,
"type": "speech",
"speaker_name": "The Speaker (Hon. Kingi)",
"speaker_title": "",
"speaker": null,
"content": "Sen. Kajwang’?"
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{
"id": 1483615,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483615/?format=api",
"text_counter": 221,
"type": "speech",
"speaker_name": "Sen. M. Kajwang'",
"speaker_title": "",
"speaker": {
"id": 13162,
"legal_name": "Moses Otieno Kajwang'",
"slug": "moses-otieno-kajwang"
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"content": "Mr. Speaker, Sir, the issue of limits of judicial authority on independent institutions has been settled. I think we have seen some precedents that have been presented to us. Secondly, we need to make a distinction between procedural fairness and procedural technicality. Procedural fairness demands that we give the governor of Kericho County an opportunity to defend himself because he has been accused of gross misconduct. All sorts of allegations have been made against him. This is, therefore, his opportunity to defend himself against those allegations. There should be procedural fairness as required in our Constitution. The other aspect is procedural technicality. If we were to be obsessed with procedural technicality, if you recall, in 1992, John Harun Mwau would have been the President of Kenya. He went to court and said he was the only one who presented his 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": 1483616,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483616/?format=api",
"text_counter": 222,
"type": "speech",
"speaker_name": "Sen. M. Kajwang'",
"speaker_title": "",
"speaker": {
"id": 13162,
"legal_name": "Moses Otieno Kajwang'",
"slug": "moses-otieno-kajwang"
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"content": "petition in a foolscap, rather than on an A4 paper. We are getting different interpretations to the ruling that has been referred to by both parties. On this matter, we should not go with Rule No.30 of the Standing Orders, which empowers the Speaker to make a decision. I want to encourage us to do what we did in the case of the Governor for Nairobi City County, Hon. Sonko. Some affidavits were sworn by Members of the County Assembly (MCAs) that discredited the outcome of the vote. The Speaker ruled that we should allow all parties to prosecute their case then the Senate, sitting as a jury, would make a decision on the ultimate day of voting. I would propose, and I would urge Mr. Speaker, Sir, that you do not refer to Rule No. 30 of the Standing Orders, but allow the House to proceed and ensure that there is procedural fairness in the matter of Kericho County."
},
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"id": 1483617,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483617/?format=api",
"text_counter": 223,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Kathuri."
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"id": 1483618,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483618/?format=api",
"text_counter": 224,
"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "",
"speaker": {
"id": 13590,
"legal_name": "Murungi Kathuri",
"slug": "murungi-kathuri"
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"content": "Thank you, Mr. Speaker, Sir, for giving me the two minutes to comment on this very important matter. As we are here, many Kenyans are watching us. They are glued to their television because many Kenyans are now sensitive to devolution and governance. So, preliminary objection number one is dispensed off naturally. On the second preliminary objection, the High Court pronounced itself that you go to the nearest whole number. When you do so, you land at 31. The other argument now is about the threshold that was put in Kericho County when they were electing the Speaker of the County Assembly. This matter is about Mathematics. As other colleagues have put it, I would request we hear these cases. We should give Kericho County Assembly and Kericho County Governor time to prosecute their matter before this Senate. If we determine this matter in any other way, rather than listening to the parties, then we will not be giving justice to the good people of Kericho County and the country at large If we do that, the Senate will be a House that cannot protect devolution. In my submission, I wish that we listen to both sides. We are judges. This is a High Court sitting. We will make our determination in one way or the other. I thank you."
},
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"id": 1483619,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483619/?format=api",
"text_counter": 225,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Wambua, proceed."
},
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"id": 1483620,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483620/?format=api",
"text_counter": 226,
"type": "speech",
"speaker_name": "Sen. Wambua",
"speaker_title": "",
"speaker": {
"id": 13199,
"legal_name": "Enoch Kiio Wambua",
"slug": "enoch-kiio-wambua"
},
"content": "Thank you, Mr. Speaker, Sir. Two things; One, I do not know why my colleague and friend, Sen. (Dr.) Khalwale, would want to pick and choose on court rulings. A precedence has been set in the court on the matter of suppression of powers and he has quoted it; ‘No court can injunct a Parliament in its deliberative roles’. Preliminary Objection No.1; everybody agrees it falls on its face. Preliminary Objection No.2; what the lawyers on both sides are asking these judges here to do is a very complicated matter. It is a matter of determining a fraction of a human being. What is 0.3 per cent of a human being? Is it the head? What is it? However, again, the courts have pronounced themselves on that matter. In the case of Tana River County, they have said that in a matter like this, then you round off to the nearest whole number, which is 31. Mr. Speaker, Sir, there are substantive matters for determination in this Motion that this House needs to be engaged in. If you ask me, as Sen. Cherarkey has said, the 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": 1483621,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483621/?format=api",
"text_counter": 227,
"type": "speech",
"speaker_name": "Sen. Wambua",
"speaker_title": "",
"speaker": {
"id": 13199,
"legal_name": "Enoch Kiio Wambua",
"slug": "enoch-kiio-wambua"
},
"content": "train has already left the station. We are already in motion. Let us hear this case and make a determination one way or the other. I submit."
}
]
}