{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=157113","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=157111","results":[{"id":1589312,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589312/?format=json","text_counter":353,"type":"speech","speaker_name":"Sen. Oketch Gicheru","speaker_title":"","speaker":null,"content":"Mr. Speaker, Sir, the question we are discussing today is about procedural technicality versus substantive justice. Under Article 181 of the Constitution, the requirement and process for removing a governor are stipulated. Under that Article, the Constitution tells us that Parliament shall enact laws to guide the removal of a governor. Those laws are found under Section 33 of the County Governments Act. This is where we are invited to look at the issue of removing a governor. The law states- “A Member of the County Assembly may, by notice to the Speaker, supported by at least a third of all the Members, move a Motion for the removal of the governor under Article 181.” I want you to note the word “may”—not “shall.” Secondly, if you read Article 159 of the Constitution, we are guided by the understanding that the framers of the Constitution anticipated that, in the process of removing a governor or even the President or Deputy President, there can be procedural technicalities caused by factors such as violence, impunity or other circumstances that make it impossible to exercise your duty. I am perturbed that in this House, after listening to my colleague Senators, no one is asking the question: under what circumstances did the 16 MCAs, who are given this power by the people under that Article, sit? Does it matter? Do we want to elevate procedural technicality over substantive justice under Article 159 of the Constitution? We are invited to consider that Article. We are sitting here in a quasi-judicial process. Article 125 of the Constitution makes us a court. In this quasi-judicial process, we must apply the Constitution. There can be circumstances under which we must invoke this Article, because even this sitting is part of the procedure. That is why we are here. We need to accord Isiolo County a fair trial, a fair hearing to the governor, and a fair hearing to the MCAs who have been given powers under Article 181 of the Constitution. That can only happen by ensuring that we go to a full trial. Only then can we truly protect devolution under---"},{"id":1589313,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589313/?format=json","text_counter":354,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Sen. Mo Fire."},{"id":1589314,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589314/?format=json","text_counter":355,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Loud consultations)"},{"id":1589315,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589315/?format=json","text_counter":356,"type":"speech","speaker_name":"Sen. Gataya Mo Fire","speaker_title":"","speaker":null,"content":"Hon. Speaker, please protect me. There are loud consultations. I support this Motion from the onset. As much as Isiolo residents deserve justice, the MCAs and the governor also deserve justice. I am an authority as far as county assembly matters are concerned. I have sat in a county assembly for a decade as an MCA. I know all the procedures. A county assembly, just like this House, is a House of Rules. We cannot have a situation where people would want to sit in some funny corners and purport to have sat down to impeach a governor. Hon. Speaker, we do not want to dispute precedent. We are senior brothers. We must be seen to be teaching county assemblies the best way to perform their duties. I listened to the evidence adduced by both parties. I was not able to capture any tangible 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":1589316,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589316/?format=json","text_counter":357,"type":"speech","speaker_name":"Sen. Gataya Mo Fire","speaker_title":"","speaker":null,"content":"evidence from the counsels of the county assemblies. Though I am not a lawyer, I could easily guess from the counsels of the county assemblies that most of the evidence that they brought before this House were cooked. In this matter, I want to categorically state that the county assembly never sat. Let them go back. The Senate will be here tomorrow, on the next day and up to 2027. Put your House in order and follow the law."},{"id":1589317,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589317/?format=json","text_counter":358,"type":"speech","speaker_name":"Sen. Mandago","speaker_title":"","speaker":null,"content":"On a point of order, Mr. Speaker, Sir."},{"id":1589318,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589318/?format=json","text_counter":359,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" What is the point of order, Sen. Mandago?"},{"id":1589319,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589319/?format=json","text_counter":360,"type":"speech","speaker_name":"Sen. Mandago","speaker_title":"","speaker":null,"content":"Hon. Speaker, under Standing Order No.105, I want to ask the Senator for Tharaka-Nithi County, who was also a former MCA, that we have said that we need to respect the county assembly. There are is much evidence here of public participation. Is it fair for the Senator of Tharaka-Nithi County to say all this evidence was ‘cooked’? What does it take to use the correct parliamentary language, so that we can have a sober debate?"},{"id":1589320,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589320/?format=json","text_counter":361,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" Sen. Gataya Mo Fire, we have not had a chance to go through the evidence as contained in the bundles. So, whether it was ‘cooked’ or not, we cannot tell at this juncture. Kindly refrain yourself from making such assertions."},{"id":1589321,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1589321/?format=json","text_counter":362,"type":"speech","speaker_name":"Sen. Gataya Mo Fire","speaker_title":"","speaker":null,"content":"Well guided. However, I am trying to dilate how I captured the evidence, because I did not capture any tangible evidence to showcase that the County Assembly really sat. In that respect, I beg you to support the Motion. I request my good friends from Isiolo to go back, put their House in order and let them follow the law. We are here tomorrow, we will be here the day after tomorrow, and we are going to assist them and make sure that Isiolo, the Governor and the county assembly get justice."}]}