{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137559","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=137557","results":[{"id":1391991,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391991/?format=json","text_counter":208,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":"Mr. Speaker, Sir, on the Deputy Governors bundle page “C”, the first part, we have come out very clearly and stated we shall be raising a preliminary objection. I would like to prosecute the preliminary objection and collaterally respond to the preliminary issue raised by my colleagues. In the preliminary objection I have made reference to the Third Schedule, being the rules of procedure on impeachment. I have particular reference to Rules 14, 20 and 30. Rule No.14 states- “Any preliminary question or issue raised by the County Assembly or by the Governor shall be argued for not more than thirty minutes, unless the Speaker of the Senate otherwise directs.” Rule No.20 is where I really want to place a lot of investment on- “In presenting its evidence, the Assembly shall not introduce any new evidence that was not part of the allegations against the Governor by the County Assembly as forwarded by the Speaker of the County Assembly to the Speaker of the Senate.”"},{"id":1391992,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391992/?format=json","text_counter":209,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":"Hon. Members, that Section creates three thresholds. First, it targets the county assembly; it does not target the subject of the impeachment. It does not state that the governor or the Deputy Governor cannot introduce new evidence. It says, “The assembly shall not introduce new evidence.” I pray that the new evidence introduced to the Senate by the County Assembly after the close of the proceedings of the 29th be expunged from the record, and we limit our case to what was presented to the Assembly. One, it is a prohibition on the Assembly. Two, it prohibits new evidence. Three, it prohibits new allegations. Four, the limit was the conversation between the Speaker of the County Assembly and the Senate speaker."},{"id":1391993,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391993/?format=json","text_counter":210,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":"For purposes of determining that preliminary objection, we will be making reference to the letter dated 1st March, 2024, which was the letter written by the Speaker of the County Assembly to the Speaker of the Senate. On pages seven to eight of that letter, they have listed the items that the Hon. Speaker read at the start of these proceedings: The Notice of Motion, Votes and Proceedings, the Order Paper, and so on. However, when the letter was being written to the Deputy Governor asking him to defend himself by a letter dated 8th March, the contents of what the Speaker of Kisii County Assembly had forwarded to this Senate were changed completely. We have a new case completely. The new document has three pages. The other one has about 20 documents, and document number 20 is excluded. The new one has 24 documents. If we are being faithful to the wording of Rule 20, that there should be no new allegations or new evidence and it should be limited to what the Speaker communicated between themselves, then this letter written by your staff member from the Directorate of Legal Services is a scenario where your staff is changing the case that the Speaker of the Senate is aware of to another different case. He now tells us that we need to respond to issues of a video in a flash disc brought from Jane Bonareri, James Orenge, David Obiri, Shem Mombasa and Fred Anyona. It also asks us to respond to a report of public participation, which we have never seen. We 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":1391994,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391994/?format=json","text_counter":211,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":"are seeing it for the first time. We are looking at those flash discs for the first time as we come before you. It asks us to respond to contentions from David Akai and Gladys Aming'a. All these things were not part of what was in the County Assembly and what we responded to."},{"id":1391995,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391995/?format=json","text_counter":212,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":"Mr. Speaker, Sir, we pray that you make a determination of the substantive issues in this case: Whether a case that was determined at the County Assembly can mutate so that by the time it reaches the Senate, it is a different case from what was at the County Assembly, or you receive it as an escalation and limited to what was done at the County Assembly, whether you have the original jurisdiction to entertain a question of impeachment. In the flash disc, it is alleged that the Deputy Governor received Kshs20,000 from one person and Kshs5,000 from another person and that is not a case which we have had an opportunity to respond to. The gentleman by the name of Akai who is being asked to produce the summons--- I was told by the ward administrator that since this happened, it is hearsay. Secondly, this is not an issue we have had an opportunity to respond to."},{"id":1391996,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391996/?format=json","text_counter":213,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":"For those reasons, we pray that the new evidence introduced be expunged. We have particular reference to the contents of paragraphs 14, 22, 23, 24 and 25 of the letter from your Directorate of Legal Services, which change the case from what the Speaker said. In that same letter, the Directorate of Legal Services also says- “Please find a letter from Mr. Ndegwa.” That brings a new case. What is the wording of Rule 20? It says what the Speaker communicated to the other one. When did Mr. Ndegwa become ---"},{"id":1391997,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391997/?format=json","text_counter":214,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Counsel, is the letter you are referring to specifically contained in our Volume?"},{"id":1391998,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391998/?format=json","text_counter":215,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":" Yes, Mr. Speaker, Sir. May I show you?"},{"id":1391999,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1391999/?format=json","text_counter":216,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Kindly direct the Hon. Senators to the Volume and to the page."},{"id":1392000,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1392000/?format=json","text_counter":217,"type":"speech","speaker_name":"Mr. Katwa Kigen","speaker_title":"The Counsel for the Deputy Governor","speaker":null,"content":" Mr. Speaker, Sir, it is in the County Assembly’s bundle Volume One at Page 335. It is practically the last page on Volume One bundle. Hon. Members, I know you might not have the letter that was written to Dr. Monda asking him to come and defend himself. Nonetheless, allow me to read the first paragraph. It says- “The Speaker of the Senate on 2nd March, 2024, received communication dated 1st March, 2024, together with a bundle of documents/records from the Speaker of the County Assembly of Kisii for removal from office of the Deputy Governor of Kisii, Dr. Monda, for impeachment.” It is then listed. When you go to the first page of that document, item number one states; a letter dated 1st April---"}]}