Senate · Afternoon Sitting
Monday, 26 June 2023
Senators debated the impeachment of Deputy Governor William Oduol, focusing on allegations of procurement interference and whether his conduct meets the constitutional threshold for a gross violation. The discussion referenced past impeachment cases, constitutional provisions on devolution, and procedural challenges with the electronic voting system. Members expressed both political criticism and calls for adherence to legal standards. Senators debated a special committee report on the Siaya Deputy Governor, focusing on procurement irregularities from 2022 and the constitutional duties of a deputy governor. The discussion highlighted procedural compliance with the report, the need for clear county‑level committee oversight, and accusations of misconduct versus the governor’s support. Members called for adherence to the County Governments Act and emphasized accountability and integrity in public office. Senators debated a report on the possible impeachment of Siaya Deputy Governor Dr. William Oduol, with some members questioning his commitment to collective responsibility and others defending him as a victim of political maneuvering. The discussion featured procedural challenges, accusations of rumor‑mongering, and calls for the Senate to base its decision on substantive evidence. Votes were split, highlighting division over the report’s credibility and the broader issue of deputy‑governor accountability.
Clerk, do we have quorum? Hon. Senators, kindly take your seats.
[(The Clerk-at-the-Table consulted with the Speaker)]
[(Several Senators walked into the Chamber)]
[(Loud consultations)]
Hon. Senators, I welcome you to this Special Sitting of the Senate. On the request of the Senate Majority Leader vide letter Ref. No. SEN/MLS/4, dated 21st June, 2023, and with the support of the requisite number of Senators, I appointed today, Monday 26th June, 2023, as a day for a Special Sitting of the Senate vide Gazette Notice No.8224, dated 22nd June, 2023. In the Gazette Notice, I indicate…
Hon. Senators, for your information, both Section 33(6) of the County Governments Act and Standing Order No. 84 provide as follows- “If the Special Committee reports that, the particulars of any allegation against the deputy governor, have not been substantiated, no further action shall be taken under the section in respect of the allegation or have been substantiated, the Senate shall, after acc…
Hon. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 26th June, 2023 - Report of the Special Committee on the proposed Removal from Office by Impeachment of Hon. (Dr.) William Oduol, the deputy governor of Siaya County.
[(Sen. Kisang laid the document on the Table)]
Now, to allow time for Hon. Senators to acquaint themselves with the contents of the Report that has just been laid on the Table of the Senate, I will suspend the Sitting of this Session for half an hour beginning now.
[(The Sitting was suspended for 30 minutes)]
[(The House resumed at 3:30 p.m.)]
[(Loud Consultations)]
Hon. Senators, kindly take your seats. Sen. Beth Syengo, kindly take your seat.
[(Sen. Beth Syengo walked into the Chamber)]
Hon. Senators, welcome back to the resumption of proceedings of this Special Sitting. I believe you have now had an opportunity to go through the Report of the Special Committee on the Proposed Removal from Office, by Impeachment, of the Hon. (Dr.) William Oduol, the Deputy Governor of Siaya County. As you may have noticed, the Committee has found -
Proceed, Chairperson of the Special Committee.
Mr. Speaker, Sir, I beg to give the following Notice of Motion - THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on 8th June, 2023, the County Assembly of Siaya approved a Motion to remove from office, by impeachment of Honourable William Oduol, the Deputy Governor of Siaya County; AND WHEREAS by a letter, Ref: CASADM/33/04, dated Friday, 9t…
on Thursday, 15th June, 2023 appointed a special committee comprising eleven of its Members to investigate the matter on the proposed removal from office by impeachment of Hon. William Oduol, the deputy governor of Siaya County and to report to the Senate within ten (10) days of its appointment, on whether it finds the particulars of the allegations to have been substantiated; FURTHER WHEREAS, pur…
Clerk, call the next order.
Proceed, Chairperson of the Special Committee.
Mr. Speaker, Sir, I beg to move the following Motion -
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Cheruiyot?
Mr. Speaker, Sir, I apologise to the Chairperson of the Committee. However, there is an increasing habit on the Minority side, of Members coming to this House inappropriately dressed. Sen. Oketch Gicheru is presently before the House in a shirt that is unbuttoned. That is not the proper way of appearing before the House, unless it is for health reasons.
Yes,
Bw. Spika, ni jambo la kusikitisha kuona ya kwamba ndugu yangu Sen. Cheruiyot hawezi kumwambia Seneta mwenzake hata pole ijapokuwa kuna Hoja hapa. Kama unavyoelewa, tulipokuwa katika mkutano wa leo wa Senate Business Committee (SBC) , tulisema ya kwamba aruhusiwe aje vile amevaa kwa sababu ndio nafasi ya mguu wake ama pale alipofanyiwa operation iweze kuwa sawa sawa. Wewe mwenyewe ukapitisha ya kw…
[(Laughter)]
Order, Hon. Senators. We have a very weighty matter before us. I have seen the way Sen. Oketch Gicheru is dressed. I know Sen. Oketch Gicheru has undergone an operation and he is unable to, therefore, wear the kind of dress code that is described in the Speaker’s Rules. Therefore, because of his condition, I will allow Sen. Oketch Gicheru to participate in these proceedings. Proceed Mr. Chairman.
[(Resumption of Debate on Motion)]
Mr. Speaker, Sir, I beg to move the Motion that the deputy governor of Siaya County be removed by Impeachment. THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on 8th June, 2023, the County Assembly of Siaya approved a Motion to remove from office, by impeachment of hon. William Oduol, the Deputy Governor of Siaya County; AND WHEREAS by a le…
The Committee takes great exception to the cost of the deputy governor's chair in which it was demonstrated from the evidence adduced that a comprehensive market survey was not undertaken. As a committee, we considered that to be wasteful and urge counties to procure goods based on properly assessed market value. On the second allegation, which is misuse of public resources, the committee found …
Now, Deputy Governor, you have under 30 minutes to be heard by the Plenary. You may do so yourself or through your duly chosen and appointed advocate. The podium is yours.
Good evening. The Deputy Governor of Siaya County (Hon. (Dr.) William Oduol) : My name is Hon. (Dr.) William Oduol, the Deputy Governor of Siaya County. I have listened to the proceedings the entire afternoon. At this point, I wish to ask my counsel to come and give our closing remarks. With humility, allow me to introduce the counsel, Mr. Moses Chelang’a, to make our final submissions. I also ha…
same time, the Committee found that this particular Deputy Governor interfered with procurement. On one side of the mouth the Committee says that the Deputy Governor did not intimidate, bully or arm-twist anyone. Then on the other side, it says he interfered with procurement. How does that sit before this House? How is the integrity of that report because this is a House of record and we will rea…
Sen. Kathuri, proceed to vote. Clerk, can you please look at the system, we cannot hear the Deputy Speaker. If we cannot hear him, can you let him write on a sheet of paper so that he can show it on the screen. We are not lip-readers here. We will move to Sen. Mungatana then back to Sen. Kathuri. Sen. Mungatana, proceed and vote.
[(Sen. Kathuri was inaudible as he voted online)]
substantiated is Section 67(3) of the Public Procurement Act. I will refer the Senators to page 40 and also you can look at the comparison. So, the question is; is it fair to charge somebody under this particular provision of the law and then you find him guilty or substantiate the charge under a different particular provision of the law? We urge that the Senate votes on this Motion and we hope t…
Hon. Senators, having heard the Deputy Governor, we shall now proceed to Division. However, pursuant to Standing Order 84 (2) I have to make a determination, which I hereby do. That this matter affects counties and, therefore, voting shall be by delegates. Serjeant-at-Arms kindly ring the Division Bell for five minutes. Hon. Senators, kindly take your seats.
[(The Division bell was rung)]
[(Loud consultations)]
Hon. Members, do I have your confirmation that you have logged back? Proceed to vote by either pressing yes, no or abstain. We are going to vote per charge. I will read the first charge, you proceed to vote and the results will be recorded. After that, we proceed to Charge No.2. I proceed to read Charge No.1; Gross violation of the Constitution and Other Laws. Proceed to vote on that charge.
Mr. Speaker, Sir, I vote “Yes”.
[(Loud consultations)]
Hon. Senators, the Standing Orders have not been suspended. This Session is live and the Standing Orders remain in force.
Let us now go back to Sen. Kathuri. Clerk, has the system been fixed? Sen. Kathuri, please proceed to vote. Can we have silence so that we communicate with Sen. Kathuri wherever he is. Sen. Kathuri, we cannot hear you, but I believe you can hear the Chair. Kindly proceed to take a blank sheet of paper---.
Yes, I can hear you.
Wonderful, now we can hear you. Please proceed to vote.
Mr. Speaker, Sir, I vote “No”.
Sen. Gataya Mo Fire, proceed to vote. Sen. Cherarkey, you understand the Standing Orders and what they provide when you are in the Chamber. Kindly uphold the Standing Orders.
[(Loud consultations)]
Hon. Senators, the Standing Orders have not been suspended. This Session is live and the Standing Orders remain in force.
Mr. Speaker, Sir, I vote ‘Yes’.
Mr. Speaker, Sir, I vote ‘No’.
Hon. Senators, we proceed on a division on the Second Charge. Abuse of office and gross misconduct. Hon. Senators kindly log in. Proceed to press “Yes”, “No” or abstain.
[(Electronic voting in progress)]
[(Sen. Chimera, Sen. Methu and Sen. Cherarkey consulted loudly)]
Sen. Methu, Sen. Chimera and Sen. Cherarkey, you are becoming notorious. Hon. Members, can I have your silence to allow the three Senators online to make their voice heard on this division. Sen. Olekina, proceed to vote.
Mr. Speaker, Sir, I vote ‘Yes’.
Hon. Senators, on the Second Charge these are the results of the Division.
Mr. Speaker, Sir, I vote ‘No’.
Sen. Mungatana, MGH, kindly proceed to vote.
Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Tuesday, 27th June, 2023 at
County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. (Dr.) Murango, Kirinyaga County; Sen. Murgor, West Pokot County; Sen. Seki, Kajiado County; Sen. Thang’wa, Kiambu County; Sen. (Prof.) Tom Ojienda, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.
Hon. Senators, on the Second Charge these are the results of the Division.
Serjeant-at-Arms, you may proceed to open the doors and draw the bars. Hon. Senators, the net effect of these votes is that pursuant to Article 181 of the Constitution, Section 33 (8) of the County Government Act and Standing Order 87 of the Senate Standing Orders, the Senate has failed to remove from office by impeachment, Hon. (Dr.) William Oduol, the Deputy Governor of Siaya County. Therefore,…
[(The Bar was withdrawn and the doors opened)]
[(Applause)]
Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Tuesday, 27th June, 2023 at