James Orengo

All parliamentary appearances

Entries 681 to 690 of 4273.

• 17 Dec 2020 in Senate: When it comes to a county governor, the words there are very different in contradiction to what is contained in Article 99. Article 181(1) states as follows- “A county governor may be removed from office on any of the following grounds– (a) gross violation of this Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gross misconduct; (d) physical or mental incapacity to perform the functions of office of county governor.” They are saying that this was the ... view
• 17 Dec 2020 in Senate: Mr. Speaker, Sir, the standard of proof is very different as the courts have borne out in the many appeals we have been referred to but the finding as to whether there has been a violation of the impugned conduct as stated in Article 181 of the Constitution is really a political question. We need to have a threshold because they are set out in the Constitution. In my view, it is still a political question. view
• 17 Dec 2020 in Senate: At the end of the day, all that I want to say in conclusion is that, this is a very important instrument that is donated to this House. We must revise these rules. We must look at the Act again. My belief is that, so far, we have not given the solemnity to this process. Imagine, probably, the next time it is the President of the Republic of Kenya that we will be impeaching, contrary to the mandate they are given by the people of Kenya. view
• 17 Dec 2020 in Senate: Everybody in the world will be watching us. It may be the governor now but if it was the President of the Republic of Kenya, the whole country would be watching. I believe that we must revise the rules, amend the County Government Act in relation to the impeachment. view
• 17 Dec 2020 in Senate: I want to persuade the House that a Committee process is probably better. In the USA, they did not have a provision for the Committee system. What they have in the law is plenary but they have found out over time that plenary does not do justice to the grounds and the seriousness of grounds, which normally those who have been impeached face. view
• 17 Dec 2020 in Senate: Mr. Speaker, Sir, with those remarks I beg to second. view
• 16 Dec 2020 in Senate: On a point of order, Mr. Speaker, Sir. Just for clarity, the County Assembly has been given four hours, which include the time for cross-examination. Limiting cross-examination is normally very difficult because of the rights of the person who stands charged and yet all of them must fit within those four hours. They are about three to 10 witnesses. There is need to have some guidance because they may take all the four hours. The Governor may not have time for cross-examination or they may have issues that they want to address and if cross- examination is also not limited, ... view
• 16 Dec 2020 in Senate: I was a little bit afraid that in advancing their case, they may think that they have all those powers to themselves and eating to the time of the Governor to cross-examine because they have to keep that time for cross-examination. view
• 16 Dec 2020 in Senate: Equally, when the Governor is going to give his evidence, time must be allocated within those four hours for cross-examination. I think that we are getting into a dangerous area where if you do not control the time, we will have a big problem. The problem with these proceedings is that they are time-bound. If we go beyond the limits, then we will be violating the Constitution because those timelines are donated by Article 181 and the County Government’s Act is a derivative of the Constitution. So those provisions are grounded on the Constitution. I think that they should be ... view
• 16 Dec 2020 in Senate: On a point of order, Mr. Speaker, Sir. view