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{
"id": 1483622,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483622/?format=api",
"text_counter": 228,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Cheruiyot, proceed."
},
{
"id": 1483623,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483623/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
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"content": " Thank you, Mr. Speaker, Sir. The people of Kericho County have quarreled, and we have come before this House to seek justice. We pray for nothing less than justice in the interest of the people of Kericho. I want to make two quick observations: One is unanimous by what colleagues have said, that point of order number one has not only been determined by Parliament itself, but none other than the Supreme Court of the Republic of Kenya in the case of Wambora versus Meru County Assembly and 37 others of 2015; where it has been firmly established on what you do with a Parliamentary process either in Parliament or at the county assembly once an exercise has commenced. Therefore, on that count, I plead that the counsel for governor notices and appreciates that particular issue. Second and most important, is on this issue - I wish my good friend Sen. (Dr.) Khalwale listens keenly to this - there is what you call the hierarchy of law, where the Constitution reigns supreme and sits at the top. When a matter is not sufficiently addressed in the Constitution, you look for it in a statute or legislation that you have passed here. Where there is none, what follows after that, is checking if there is an already established case in law. The Speaker of Kericho County Assembly in his affidavit, and it is hereby presented in volume eight of the documents from the Assembly, cited court decisions that have been made on this particular issue. Therefore, I do not know on what basis you would want to fault the Assembly. I have listened to counsel for governor, and there is no citation whatsoever on their part other than the application of mathematics and this theory we are being told that there is no half or quarter of a human being. I thought that being a House of procedure, we would establish a practice that has been established in our courts of law. What I find extremely curious though is a very dangerous invitation that the counsel for the governor is sending out to you. I listened to him. He wants to lead you to make a decision that has never been made by any other Speaker in this House. He wants you to make a determination on appeal and dismiss this case altogether---"
},
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"id": 1483624,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483624/?format=api",
"text_counter": 230,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Have a seat. Hon. Senators, it is now 1.04 p.m. We can only, during a morning session, prosecute business up to 1.00 p.m. Therefore, allow me to invoke Standing Order No.34(2)(a) to extend the time for 15 minutes. Thereafter, we shall rise for a break. We will come back at 2.30 p.m. and prosecute this matter because it is of such a fundamental nature. I will give you one minute to conclude."
},
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"id": 1483625,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483625/?format=api",
"text_counter": 231,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": " Mr. Speaker, Sir, you are being invited to a very dangerous path. Previously, before this House, in the case of Mike Sonko versus Nairobi City County Assembly and also in Ferdinand Waititu versus Kiambu County Assembly, such appeals have been raised. What did your predecessors do? They let the jury, which is all the 47 delegations, make the determination. Mr. Speaker, Sir, do not accept the invitation being passed on you to make a determination on your own. The Constitution, our Standing Orders and other legislations, never envisioned a situation where the Speaker can terminate such 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": 1483626,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483626/?format=api",
"text_counter": 232,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "proceedings purely on a point of order. Therefore, I humbly request, that just as we do in legislation, let us make a determination on this preliminary objection. If it comes to voting, let it be the case. However, let it be on your own motion. In the interest of justice for the people of Kericho County, allow us to listen to this case and eventually make a determination one way or the other. I thank you."
},
{
"id": 1483627,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483627/?format=api",
"text_counter": 233,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Omogeni, proceed."
},
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"id": 1483628,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483628/?format=api",
"text_counter": 234,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "Thank you, Mr. Speaker, Sir. I heard my classmate, Mr. Katwa Kigen invite you to invoke Standing Order No.30, to make a final determination on this impeachment."
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"id": 1483629,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483629/?format=api",
"text_counter": 235,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " It is the Rules of Procedure, not Standing Orders."
},
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"id": 1483630,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483630/?format=api",
"text_counter": 236,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "Okay, under the Third Schedule, under the Rules of Procedure. My understanding is the moment an impeachment lands on the Floor of the Senate, it becomes the property of the jury, who are the Senators. If these proceedings were being conducted by a special committee of 11 members, you would never be invited to make a determination on the issue of whether a two-thirds was reached. That decision would be made by that committee of 11 members. By extension also, the right person or persons to make a determination as to whether the threshold of two-thirds was reached during impeachment, is the House sitting as the Senate. Mr. Speaker, Sir, I do not think, you will be setting the right precedent by taking that power away from the elected Senators. Counsel can invite Senators to listen to that issue and make a determination, but I do not think, it is right for you to be asked to make that determination as our Speaker. I agree with those who have spoken before me, that precedent was set during Sonkos’ hearing and other similar matters that arose before us on issues of quorum. However, the Speaker then ruled that those issues were to be argued as part of the defense of former Governor Sonko and the Senators were to make a determination. I invite you to be extremely reluctant to take a seat as the jury in making a determination to either acquit or convict the governor for Kericho County. That is a mandate reserved for us Senators."
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Sen. Ali Roba proceed."
}
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