Senate · Afternoon Sitting
Monday, 14 October 2024
Senators debated the preliminary objection to the impeachment of the Kericho County Governor, focusing on the required two‑thirds majority and the correct voting numbers. Members urged the Senate to decide the matter by vote rather than judicially interpreting the law, and raised concerns about protecting a key witness under the Witness Protection Act. The Speaker managed procedural interruptions while the debate highlighted procedural and legal disagreements. Senators debated the preliminary objections raised against the impeachment proceedings of a county governor, arguing over the legal continuity of the process, evidentiary requirements, and the applicability of Senate procedural rules such as Rule 30. The discussion highlighted the need for a full substantive hearing and sought clarification from the IEBC on numerical rounding issues. Senators debated the procedural validity of the impeachment threshold in Kericho County, invoking the Tana River case and the County Governments Act to argue for rounding vote counts. They also raised concerns about victim privacy under the Victim Protection Act and the Senate's quasi‑judicial role in the process. The discussion highlighted differing interpretations of legal and procedural requirements before proceeding to substantive hearings.
Clerk, do we have quorum? Please, proceed to call the first Order.
[(The Clerk-at-the-Table consulted the Speaker)]
Hon. Senators, we have now resumed our session. I am ready to give a communication on the preliminary objections that have been raised so as to get to know how we proceed from here going forward.
On a point of order, Mr. Speaker, Sir.
Yes, Sen. Olekina, what is your clarification?
Mr. Speaker, Sir, I remember very well that you had allowed us to ask questions. However, I have just heard you saying that you will now be giving us a communication on the way forward. Were the questions to be responded to or was the matter debated upon? It is just an issue of procedure.
Sen. Olekina, you are anticipating debate. Hear me out. From there then, if it is not clear to you, you may seek your clarification.
Thank you.
[(Applause)]
[(Loud consultations)]
[(Loud consultations)]
[(Loud consultations)]
[(Loud consultations)]
Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, AWARE that pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Wednesday, 2nd October, 2024, the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of Hon. (Dr.) Erick Kipkoech Mutai, Governor of Kericho County; NOTING THAT, by a letter Ref. No. KC…
ALSO NOTING that one of the preliminary objections raised by Hon. (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County, was that the requisite threshold for passage of a Motion for the removal of a governor from office, by impeachment, being two-thirds of Members of the County Assembly, as provided for in Section 33 of the County Governments Act and Standing Order No.74 of the Standing Order…
Let us move on to the next Order.
Mr. Speaker, Sir, I beg to move the following Motion- THAT, AWARE that pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Wednesday, 2nd October, 2024, the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of Hon. (Dr.) Erick Kipkoech Mutai, Governor of Kericho County; NOTING THAT, by a letter Ref. No. KCA/SP/3 Vol.…
on the proposed removal from office, by impeachment, of Hon. (Dr.) Erick Kipkoech Mutai, the governor of Kericho County. Mr. Speaker, Sir, I request Sen. Madzayo to second.
[(Applause)]
Hon. Senators, the five minutes are spent. Serjeant-at- Arms, kindly draw the Bar and close the Doors.
[(The Bar was drawn and the Doors locked)]
[(Several Senators stood up in their places)]
Hon. Senators, of course, the Floor is now open for you to debate this Motion. However, if you may have noticed, debate actually preceded this Motion. With your consensus, therefore, and even assuming that this Motion is defeated, it means that we have to start the hearing. It is now going to 5.00 p.m. and the case of the County Assembly has to be heard today, in the event that this Motion is defe…
[(Sen. Cherarkey spoke off record)]
[(The Division Bell was rung)]
Hon. Senators, the five minutes are spent. Serjeant-at- Arms, kindly draw the Bar and close the Doors.
[(The Bar was drawn and the Doors locked)]
[(Several Senators stood up in their places)]
Hon. Senators, take your seats. Sen. Mumma and Sen. Olekina, please, take your seats. Hon. Senators, as I had already indicated, voting shall be done electronically. Therefore, you may now proceed to log in and vote. Time is running, hon. Senators; cast your vote.
NOES: Sen. Boy, Kwale County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Faki, Mombasa County; Sen. Madzayo, Kilifi County; Sen. (Dr.) Oburu Oginga, Siaya County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. (Prof.) Tom Odhiambo Ojienda SC, Kisumu County; and, Sen. Wambua, Kitui County.
Hon. Senators, the Senate now stands adjourned until tomorrow, Tuesday, 15th October, 2024 at 9.00 a.m. The Senate rose at 5.00 p.m.