Senate · Morning Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the quorum Bell for 10 minutes.

[(The Clerk-at-the-Table consulted with the Speaker)]

[(The Quorum Bell was rung)]

Serjeant-at-Arms, ring the Quorum Bell for another 10 minutes. Order, hon. Senators, we now have quorum. We are ready to proceed with the morning session. Clerk, you may proceed to call the first Order.

[(The Quorum Bell was rung)]

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Hon. Senators, I have a communication to make relating to the business of the Senate, scheduled for consideration during this Special Sitting. On request of the Senate Majority Leader vide a letter referenced SEN/MLS/GKM/012/2024 dated 14th August, 2024 and the requisite number of Senators, I appointed today, Monday 19th August, 2024 and tomorrow, Tuesday, 20th August, 2024 as the days of Special …

Mr. Speaker, Sir, I beg to give Notice of the following Motion- THAT, notwithstanding the Resolution of the Senate made on 15th February, 2024 , pursuant to Standing Order No.32 (4) , the Senate resolves to extend the recess so as to resume Regular Sittings on Tuesday, 17th September, 2024, and that the Senate Calendar (Regular Sessions) for the Third Session, 2024, be altered accordingly.

[(approval of the Senate Calendar)]

Next Order. The Senate Majority Leader, proceed.

Thank you, Mr. Temporary Speaker, Sir. I beg to move the following Motion- THAT, notwithstanding the Resolution of the Senate made on 15th February, 2024 , pursuant to Standing Order No. 32 (4) , the Senate resolves to extend the recess so as to resume Regular Sittings on Tuesday, 17th September, 2024, and that the Senate Calendar (Regular Sessions) for the Third Session, 2024, be altered ac…

[(approval of the Senate Calendar)]

A certified version of this Report that eventually when we get the opportunity to review this Constitution, we will do justice to the office of a Senator. We should make it useful as was the intention, because when the people of Kenya voted for this Constitution, they were very clear about what they wanted, only that the fine print failed them. The spirit of what they intended to achieve with tha…

Put the question.

Very well. I will now proceed to put the question. Next Order.

[(Question put and agreed to)]

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Very well. I will now proceed to put the question. Next Order.

[(Question put and agreed to)]

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Hon. Senators, please, take your seats. Welcome back to this Sitting. Before we proceed with the business that is before us, allow me to make the following Communication.

Hon. Senators, ladies and gentlemen, having dispensed with Order Nos.3 and 4 in today’s Order Paper and the pre-hearing meeting of Senators, which was a closed session, it is now time to commence the proceedings on the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County. By a letter, Ref. No. MCA/RES/VOL.IV/79, dated Friday, 9th August, 2024, the Spe…

A certified version of this Report The Speaker of the County Assembly of Meru forwarded the following documents to the Senate, being the record of proceedings of the County Assembly and the evidence adduced in support of the Impeachment Motion-

Thank you so much, Mr. Speaker, Sir. The Governor’s team is as follows- The Governor, Her Excellency, Hon. Kawira Mwangaza, is present. My name is Elisha Ongoya, the Counsel leading the team of the Governor. I am assisted by-

Thank you. Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the County Assembly’s team, the Governor’s team, members of the public and the media to the Senate and to these proceedings. Finally, I will now invite the Clerk to read the Charges against Hon. Kawira Mwangaza, the Governor of Meru County.

A certified version of this Report Clerk, you may proceed.

Thank you. Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the County Assembly’s team, the Governor’s team, members of the public and the media to the Senate and to these proceedings. Finally, I will now invite the Clerk to read the Charges against Hon. Kawira Mwangaza, the Governor of Meru County.

Hon. Senators, pursuant to Rule 17 of the Rules of Procedure as contained in the Third Schedule to the Senate Standing Orders, each party will have not more than 30 minutes to make their opening statements. We will start with the County Assembly. The Floor is yours.

Hon. Senators, pursuant to Rule 17 of the Rules of Procedure as contained in the Third Schedule to the Senate Standing Orders, each party will have not more than 30 minutes to make their opening statements. We will start with the County Assembly. The Floor is yours.

Mr. Speaker, Sir, I seek your guidance and leave before we make our address on Rule 10 of the Standing Orders and Article 50 of the Constitution, in respect to a preliminary issue that has arisen and Rule 14 as well. Any preliminary questions or issues raised by the County Assembly or the Governor shall be argued for not more than 30 minutes, unless the Speaker otherwise directs. Mr. Speaker, Sir…

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I seek your guidance. I pen off that. We seek the summoning of Virginia Kawira.

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I seek your guidance. I pen off that. We seek the summoning of Virginia Kawira.

So, let us dispense with that first. Then you may proceed to make your opening statement. Mr. Njiru Ndegwa: In the alternative, if these are not going to be summoned, we seek to expunge from the record the affidavit of one Nkanata Dickson Munene, and most importantly the offending paragraph three, and the Governor's response that has cited those particular letters that claim to be an illegality a…

I am humbled by the directions and the ruling of the Senate. Mr. Speaker, Sir, I shall take the first 15 minutes and equally share the same with my learned friend. Mr. Speaker, Sir, you are being called this morning for the third time---

Thank you, Counsel for the Governor. Now, Counsel for the County Assembly has made two requests. One, to the effect that summons are issued to three additional witnesses to come and support the case of the County Assembly. Two, certain paragraphs of two affidavits be expunged. This is the ruling of the Senate. The request to issue summons to three witnesses to come and support the case of the Cou…

Counsel for the County Assembly, if I heard the Counsel for the Governor correctly, the letter indicating that you had intended to summon Linda Gakii Kiome and Mr. Jacob Kirari was not made available to the Governor's Team. Let it be made available immediately. You may proceed. Your time starts running from now.

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A certified version of this Report The first step towards success is taking responsibility for your actions. The measures of one's character is attributed to the ability to manage the responsibilities that have been bestowed and granted unto you. What is your role if you cannot be held accountable and always blame others? When others are making that mistake and embezzling funds, where are you? Wh…

Mr. Speaker, Sir, my name is Mwereru Boniface Mawira. I will proceed from where my learned Senior, Mr. Ndegwa, was left. As I was preparing to make this statement, I found myself pondering about this third impeachment process that is before you. The question that came to my mind is if Meru County Assembly is before you for the third time merely for the joy of it. Is it merely for the joy of it? H…

A certified version of this Report oversight role if its summons, statements, resolutions and even recommendations are ignored and disregarded by the County Executive under the watchful eye, cover and protection of the Governor? The County Assembly summons witnesses to appear before it but members of the Executive do not heed such summons. What redress is the County Assembly left with other than c…

Mr. Speaker, Sir, my name is Mwereru Boniface Mawira. I will proceed from where my learned Senior, Mr. Ndegwa, was left. As I was preparing to make this statement, I found myself pondering about this third impeachment process that is before you. The question that came to my mind is if Meru County Assembly is before you for the third time merely for the joy of it. Is it merely for the joy of it? H…

A certified version of this Report oversight role if its summons, statements, resolutions and even recommendations are ignored and disregarded by the County Executive under the watchful eye, cover and protection of the Governor? The County Assembly summons witnesses to appear before it but members of the Executive do not heed such summons. What redress is the County Assembly left with other than c…

Yes. Thank you, Mr. Speaker, Sir. In summary, joining issues with the submissions made by my learned friend, especially on the issue of the attempted arson, it is not a coincidence that attempts to burn down the County Assembly of Meru was at the night of 8th August, 2024, when the County Assembly was seized with the impeachment Motion. It is not a coincidence that individuals have been charged be…

A certified version of this Report The facility is closed at 11.00 o'clock in the morning when you expect it to be fully functional. No service is being delivered and expectant mother delivers outside. The people of Meru County expected that with the inception of devolution and with the health sector being apportioned to the County Government of Meru, they will have proper stewardship, proper man…

I will now invite the Counsel for the Governor to proceed to make an opening statement. Your time starts running from now. Not more than 30 minutes.

Thank you, Mr. Speaker, Sir. I will do five minutes. My learned senior, Mr. Ongoya, will do the remaining bit. Before I cede ground to my learned friend, I thought that I should remind you of remarks made by the team representing the County Assembly in November, 2023 when we were here for the last impeachment. Counsel representing the County Assembly predicted or rather prophesied that we will be …

I will now invite the Counsel for the Governor to proceed to make an opening statement. Your time starts running from now. Not more than 30 minutes.

Sen. Mungatana, you will have an opportunity to make intervention on this opening statement when the time arises. What is your issue on the use of language? Are you saying there is a language that is unparliamentary?

[(Sen. Mungatana spoke off record)]

A certified version of this Report They went and created lies. Not just the ordinary lie, but pathological lies. A pathological lie is a lie that is not only untrue, but a lie that is created and believed by the very person who has created that lie. What they did is to create a lie---

Sen. Mungatana, you will have an opportunity to make intervention on this opening statement when the time arises. What is your issue on the use of language? Are you saying there is a language that is unparliamentary?

[(Sen. Mungatana spoke off record)]

Mr. Speaker, Sir, I am not making any intervention but just to point out that as a Senate, we must obey the rules. “Lies” should not be a language that is allowed here.

Sen. Mungatana, if it is their case that the County Assembly is lying, then they can say so. This case is before two parties; the Governor and the County Assembly. The Governor is saying that we are being fed with untruths. You may want to romanticize that word, but say as it is because it is what it is. If in their own case, whatever has been presented to the Senate is not true, they are warrante…

Thank you, Mr. Speaker, Sir. I hope my time was frozen when the intervention came. Indeed, Mr. Speaker, Sir, our case is that simple. That what you are being fed with are lies that were created while we were still on the Floor of this House defending the previous Motion. So, my choice of the word “lie” was very deliberate. The argument is that the County Assembly has created and told the lie and…

Thank you, Mr. Speaker, Sir, and distinguished Senators. For the record, once again, my name is Ongoya. Mr. Speaker, Sir, in view of the early interventions, may I know how many minutes I still have for ease of time management?

A certified version of this Report Mr. Speaker, Sir, on 8th November, 2023, I had the privilege of appearing before the Senate and addressing this House on a Motion for removal from office of Governor Kawira Mwangaza. That was the third attempt that had been made to remove Her Excellency, Hon. Kawira Mwangaza, from office by impeachment. It was, however, the second time that attempt was reaching …

Thank you, Mr. Speaker, Sir.

A certified version of this Report Mr. Speaker, Sir, on 8th November, 2023, I had the privilege of appearing before the Senate and addressing this House on a Motion for removal from office of Governor Kawira Mwangaza. That was the third attempt that had been made to remove Her Excellency, Hon. Kawira Mwangaza, from office by impeachment. It was, however, the second time that attempt was reaching …

Counsel for the Governor, your time is up.

A certified version of this Report I repeat, distinguished Senators, Vol.1 of the document in front of you from the County Assembly, which essentially is the Impeachment Motion, is simply and squarely a manifesto of lies. This language is actually strong, and I begin by conceding that, and it requires justification. Let me therefore proceed to justify by making a promissory note. I promise you t…

Counsel for the Governor, your time is up.

My apologies.

I will give you one more minute.

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Hon. Senators, kindly be upstanding.

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