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{
"id": 1483822,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
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"content": " Hon. Senators, at the sitting of the Senate held on Wednesday, 9th October, 2024, Sen. Fatuma Dullo brought it to the attention of this House that the Governor of Isiolo County, Hon. Abdi Ibrahim Hassan, had on several occasions failed to appear before various committees of the Senate, in response to either an invitation to appear or summons. Indeed, the following instances serve as an illustration of the instances where the governor, without justifiable reason, has failed to appear. 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": 1483823,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
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"content": "(a) Invitation by the County Public Accounts Committee; where the Governor had been invited severally but had declined to appear. Thus, summons dated 12th April, 2024 were issued by the Committee. (b) Invitation by the Standing Committee on Labour and Social Welfare; where the Governor had been invited severally but had declined to appear. Thus, a summons was issued. (c) Invitation by the Standing Committee on Finance and Budget, where the Governor had failed to respond to Committee’s requests for information and thus summons dated 31st July, 2024 were issued by the committee. The governor failed to appear in response to the summons and the Committee issued further summons dated 30th September, 2024. (d) Invitation by the County Public Investments and Special Funds Committee; where the Governor appeared and used demeaning language and insulted Members of that Committee. (e) The governor failed to appear before the Standing Committee on Health pursuant to summons dated 21st May, 2024. The governor obtained conservatory orders prohibiting the Director of Public Prosecutions from implementing the resolution of the Committee to have the governor prosecuted for breach of Section 271A of the Parliamentary Powers and Privileges. (f) Invitation by the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration; where the governor has declined to appear before the Committee. (g) An Invitation by the Standing Committee on Devolution and Intergovernmental Relations, where the governor did not appear. Hon. Senators, it would be prudent to consider the issues raised by Sen. Dullo in the context of the law and judicial pronouncements that govern the issuance of summons by Parliament or its committees. Article 125 of the Constitution provides as follows: “(1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information. (2) For the purposes of Section (1), a House of Parliament and any of its committees has the same powers as that of the High Court – (a) to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise; (b) to compel the production of documents; and, (c) to issue a commission or request to examine witnesses abroad.” To give further effect to the powers under Article 125 of the Constitution, Section 18(1) of the Parliamentary Powers and Privileges Act, provides that: “Parliament or its committees may invite or summon any person to appear before it for the purpose of giving evidence or providing any information, paper, book, record or document in the possession or under the control of that person and, in this respect, Parliament and its committees shall have the same powers as the High Court as specified under Article 125 of the Constitution.” Further, Section 19 of the Act provides as follows: 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": 1483824,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "“(1) Where a witness summoned does not appear, or appears but fails to satisfy the relevant House of Parliament or committee, the relevant House or Committee may impose upon the witness such fine, not exceeding five hundred thousand shillings, having regard to the witness’ condition in life and all the circumstances of the case. (2) A person may pay the fine under subsection (1) to the Clerk of the relevant House (3) Parliament or its committee may order the arrest of a person who fails to honour a summons.” Additionally, Section 27(1) (a) of the Act provides that: “A person commits an offence where the person- (a) having been duly summoned in terms of"
},
{
"id": 1483825,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483825/?format=api",
"text_counter": 183,
"type": "other",
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"speaker_title": "",
"speaker": null,
"content": "Section 18"
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{
"id": 1483826,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483826/?format=api",
"text_counter": 184,
"type": "other",
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"speaker_title": "",
"speaker": null,
"content": "fails, without sufficient cause to- (i) attend at the time and place specified in the summons; or (ii) remain in attendance until excused from further attendance by the person presiding at the inquiry Under Section 27(2): “A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.” Hon. Senators, the exercise of the powers under Article 125 of the Constitution by Parliament, has been the subject of judicial consideration. For instance, in International Legal Consultants Group versus the Senate, 2014 eKLR, the Court held inter alia, it is not in doubt that the Senate is conferred with the powers to summon any person to appear before it to give evidence or to provide information within its constitutional and statutory mandate. The powers to summon by the committees are equivalent to those of the High Court. In the same decision, the court found that the constitutional power to summon, must be respected by all public officials at all times. The court further stated that summons should be a remedy of the last resort after attempts, consultation or mediation have failed and where it is clear that a county governor and all county officials have declined an invitation by the Senate or its committees to answer to matters of oversight of county funds. Hon. Senators, from the foregoing, we may observe that Article 125 of the Constitution, as read together with Section 18(1) of the Powers and Privileges Act, Parliament and its committees have the power to summon any person to appear before it for the purpose of giving evidence or any information. In this respect, Parliament has the same powers as the High Court to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise. Although the courts have held that the power to summon under Article 125 of the Constitution should not be exercised in an arbitrary or capricious manner and should be preceded by attempts at consultation and mediation, it is clear that the various committees of the Senate have made several attempts to invite the governor to appear before issuing 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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{
"id": 1483827,
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"content": "the summons. In both instances, the governor has failed to appear in a clear disregard of the Senate's power under the Constitution. This conduct of the governor not only undermines the rule of law but obstructs the Senate from discharging its role as the protector of counties under Article 96(1) of the Constitution and the primary organ of oversight on the use of public funds by county governments under Article 96(3) of the Constitution. This is not acceptable. It cannot be allowed to continue. Hon. Senators, in light of this, I therefore guide all committees which had issued summons to the governor of Isiolo to appear and in which the governor failed to appear to liaise with the Inspector-General of Police as a matter of urgency and require the Inspector-General of Police to produce the governor before the respective committees at a determined date and time."
},
{
"id": 1483828,
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"text_counter": 186,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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"id": 1483829,
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"content": "This is not a favour that the Senate or its committees are asking of the Inspector- General of Police. The defiance displayed by the governor of Isiolo in respect to invitations and summons of the Senate cannot persist. The Inspector-General of Police must, in exercise of his mandate pursuant to Article 245(2)(b) of the Constitution, extend the necessary support to the committees in order to secure the appearance of the governor. It is also expected that if recourse to the courts becomes necessary, such action will robustly be pursued in courts as well. It is also open to the Hon. Senator for Isiolo and, indeed, any other Senator to use the legislative mechanisms available under our Standing Orders, including a censure Motion to deal with the errant conduct of the governor of Isiolo. I thank you."
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"id": 1483830,
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"speaker_title": "",
"speaker": null,
"content": "(Applause)"
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{
"id": 1483831,
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"content": "I will allow limited comments on this communication, starting with Sen. Olekina."
}
]
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