12 Nov 2019 in Senate:
No, Mr. Deputy Speaker, Sir. I do not want to be informed.
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12 Nov 2019 in Senate:
Mr. Deputy Speaker, Sir, you are a professor of law with an illustrious career and you know that the Constitution should be supreme. Sen. Olekina has relied on an Act of Parliament and he is attempting to rewrite the provisions of Article 180, 181 and 182 of the Constitution on the issue of removal of a governor. There are two ways of amending or rewriting the Constitution. We have the parliamentary initiative and the popular initiative. I am seeking your indulgence and a ruling on this matter.
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12 Nov 2019 in Senate:
On a point of order, Mr. Deputy Speaker, Sir.
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12 Nov 2019 in Senate:
I have supplementary information, Mr. Deputy Speaker, Sir.
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12 Nov 2019 in Senate:
Mr. Deputy Speaker, Sir, I was trying to use the courtesy of your office where we have modern equipment. I am trying to get the ruling on the issue of deputy governors and their powers to act by Justice Mumbi Ngugi. Mr. Deputy Speaker, Sir, I want to draw your attention, even as you retreat into your Solomonic wisdom on this matter, to raise an issue on Article 179(7). The argument that Sen. Olekina wants to perpetuate is that when a governor or a deputy governor is facing charges or allegations Article 179(7) states that:-
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12 Nov 2019 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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12 Nov 2019 in Senate:
“if a vacancy arises in the office of the county governor, the members of the county executive committee appointed under clause (2)(b) cease to hold office.” Does it mean that by time the governor is facing charges in a court of law, that seat is vacant? We have a governor, therefore, who for all purposes should reconstitute the county executive and the running of the county government as envisaged by Article 179(7)---
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12 Nov 2019 in Senate:
Mr. Deputy Speaker, Sir, Sen. Olekina has relied heavily on what Justice Mumbi Ngugi said. In her statement, she said that the orders they gave was not to remove the county governor. He went ahead to rely on Swazuri’s case in terms of authorization to access his office. In this instance, the absence of a governor to an office is created or there is controlled access by the courts. In Swazuri’s case, they had said, before the Chairman of the National Land Commission (NLC) could access the office, he must get authorization from the CEO of the Ethics and Anti-Corruption ...
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12 Nov 2019 in Senate:
That is my view. But interestingly enough, Justice Mumbi Ngugi questions the same that, is it practical enough, occasionally, for the CEO of the EACC to be giving authorization for the Governor? In my opinion, the creation of absence of a Governor is not only physical but in terms of functionality of his office.
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7 Nov 2019 in Senate:
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.51(1) (a) to make a Statement on the issue of national concern on the financial autonomy and independence of the Judiciary in Kenya. Mr. Speaker, Sir, access to justice for millions of Kenyans is at a risk. As you may be aware, the Judiciary is facing serious financial constraints from the recent statement by the Chief Justice, Hon. David Maraga. Operations of the Judiciary have been crippled by the alleged budget cuts. The Senate Standing Committee on Justice, Legal Affairs and Human Rights has noted this with great concern. ...
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