Senate · Afternoon Sitting

Clerk, do we have quorum? Hon. Senators, please take your seats. We do have quorum. We will straightaway go to this afternoon’s business. Clerk, you may now call the first Order.

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

Order, hon. Senators. Now, Hon Senators, we are facing a very unprecedented situation. At the rise of this House at 1.15 p.m. I indicated that upon resumption we were going to hear the Deputy President. Upon resumption when I asked Hon. Paul Muite, SC, to usher in the Deputy President for purposes of presenting him to give his evidence-in-chief, the Senior Counsel indicated that even he was unawa…

[(Applause)]

Order, hon. Senators. Sen. (Dr.) Boni take your seat. Hon. Senators, I suspended the sitting of this House to allow Senior Counsel, Hon. Paul Muite, for the Deputy President, one, to locate his client and report back at

Mr. Speaker, Sir, I would like to inform hon. Senators that I have been able to contact the doctors at Karen Hospital. There is a team of doctors who are looking after the Deputy President because of his condition, I was not able to directly talk to him on the advice of his doctors. They said he must have complete rest for the time being. However, I was informed by his doctors that he is currently…

Senior Counsel, Hon. Paul Muite, if I understand you correctly, you are applying to the Senate for your client to be given a couple of days. Now, a couple of days does not mean much.

That is the application. What I had in mind, I would add the word, “humbly” request this honourable House, the Senate, a couple of days up to Tuesday. We should know when the Deputy President is able to come and defend himself. I thank you.

Counsel for the National Assembly, proceed.

Mr. Speaker, Sir, permit me to start by registering our greatest sympathies and empathies from the team of the National Assembly. Of course, health issues are beyond our control. That said, Mr. Speaker, Sir, we also would want to be cognizant of the fact that we are dealing with a constitutional moment. We are dealing with an item whose timelines are prescribed within our Constitution. Contrary t…

Counsel, Hon. Paul Muite, would want to persuade this House to believe, the proceedings before this House have not been the subject or have not been transacted pursuant to Article 145(6). On the 9th October this year, this House passed a resolution pursuant to the provisions of Article 145(3). Pursuant to that resolution, there was a Gazette Notice that clearly indicated that this House was not g…

On this occasion, because His Excellency the Deputy President has had an opportunity to present all the material that he wanted to present and also had the opportunity to cross-examine all the witnesses that he wanted to cross-examine, all that is left on their side is highlighting. On our part, the part of the National Assembly, so that then we give progress to this matter, we are willing to tak…

Mr. Speaker, Sir, just briefly, in these proceedings, we are governed by Article 145. There is a unique provision in Article 145 that you do not find in legislation to do with even litigation in the courts. The makers of this Constitution knew that these proceedings are time bound under Article 145 (5) ; a very important provision. I think that Article is not there for cosmetic value. It is there…

certain day as it is there in the law. Would you feign sickness and fail to present your nomination papers on that particular day? I can tell you, if you fail to do so, the law will not give you an accommodation. You will be out and there are a lot of decisions on this matter. I want to talk to this Senate very frankly. Senior Counsel, Hon. Paul Muite, was basically giving evidence. He has not to…

Senior Counsel, Hon. Paul Muite?

Mheshimiwa Speaker, Hon. Senators, we all live in Kenya. These gadgets we have here capture every word uttered accurately. If I was found tomorrow to have lied to these Senators, sanctions can be brought on me. I would have

thought that, that fear of telling a lie to this honourable Senate, to me, is more powerful than even bringing a medical report. We have had many medical reports generated outside hospitals. We see them in courts almost on a daily basis. You will remember the rush that was there when I was asking to be given up to 5.00 p. m. It was a rush. Was I to fail to come back to this honourable House at 5.…

Senior Counsel, Hon. Paul Muite, there is a hypothetical question that was raised by Senior Counsel Hon. Orengo. Assuming the Senate is inclined to grant your client up to Tuesday, and by then he is unable to attend the Senate, what then would be the way forward?

Mhehimiwa Speaker, I would submit the best thing is for this honourable Senate to make a decision on facts rather than assuming what may or may not happen. Point number two, is the importance of hon. Senators to see with their own eyes how a witness withstands cross-examination. There are many times when different impressions will be given by a written document, and yet when cross-examination tak…

that decision of what this hon. Senate will then do be made on Tuesday. That is a humane way of going about a matter about that no one had control of. I thank you.

Hon. Senators, let me apologise for taking more than the five minutes. The matters that had been raised are weighty, but I am ready with my ruling. I will proceed to deliver it.

“Where the National Assembly or the Deputy President chooses not to appear before the Senate, that fact shall be put on record and the Senate shall proceed with its investigations without further reference to the National Assembly or the Deputy President, but the Senate may, for exceptional reasons to be recorded, permit a later appearance before the Senate by the National Assembly or the Deputy P…

Counsel then indicated that if any prejudice was to be suffered by the failure of the Deputy President to testify and be cross-examined, this will be on the part of the National Assembly, which had the legitimate expectation of testing the evidence of the Deputy President through cross-examination. Counsel then referred to the parties in the courts, including the Supreme Court where parties are a…

wishes for quick recovery to His Excellency Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya.

[(Applause)]

Mr. Speaker, Sir, I rise to move this Procedural Motion, for the Senate to hold sittings on Saturday, 19th October, 2024- THAT, AWARE THAT, the National Assembly on 8th October, 2024, resolved, with the support of 282 Members, being at least two-thirds of all Members of the National Assembly, that pursuant to the provisions of Article 145 (2) as read with Article 150 (1) (b) and (2) of the Consti…

Senate Standing Orders, the Senate heard the National Assembly on the grounds for the proposed removal from office, by impeachment, of His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya; AND FURTHER WHEREAS, pursuant to Article 145 as read with Article 150(1)(b) and (2) of the Constitution and Standing Order Nos. 78 and 79 of the Senate Standing Orders, the Senate als…

With those many remarks, I request the Senate Minority Leader, Justice Retired Stewart Madzayo, to second this Motion.

[(Loud consultations)]

Order, hon. Senators. It pays to be attentive. I have just said this is a Procedural Motion. Therefore, it does not require a notice. The Senate Minority Leader (Sen. Madzayo) : Bw. Spika, naunga mkono Hoja hii ili tuwe na nafasi ya kumsikiliza Naibu wa Rais siku ya Jumamosi. Tunaelewa kwamba hii ni kesi muhimu sana na macho yote nchini yanaangalia Seneti. Napeana pole zangu kupitia Senior Couns…

Hon. Senators, I will propose the Question. Now, hon. Senators, we have been here before. This is a Procedural Motion; we rarely debate Procedural Motions. It is either we agree with it or we do not agree with it. With your consensus, I may move to put the Question. Hon. Senators, the Motion, having been defeated. We will proceed with the hearing programme as it had been circulated this afterno…

[(Question proposed)]

[(Question put and negatived)]

Hon. Senators, I will propose the Question. Now, hon. Senators, we have been here before. This is a Procedural Motion; we rarely debate Procedural Motions. It is either we agree with it or we do not agree with it. With your consensus, I may move to put the Question. Hon. Senators, the Motion, having been defeated. We will proceed with the hearing programme as it had been circulated this afterno…

[(Question proposed)]

[(Question put and negatived)]

(The Legal team representing the Deputy President withdrew from the Chamber)

(The Legal team representing the Deputy President withdrew from the Chamber)

Mr. Speaker, Sir, I rise to move the following Motion; proposed removal from office by impeachment of His Excellency Rigathi Gachagua EGH, the Deputy President of the Republic of Kenya. THAT, AWARE THAT, the National Assembly on 8th October, 2024 resolved, with the support of 282 Members, being at least two-thirds of all Members of the National Assembly, that pursuant to the provisions of Article…

Majority Leader, you are called upon to give notice.

Notice? Oh, okay. Apologies.

Next Order.

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

The results of the Division are as follows-

Hon. Senators, for charge No.11, the results are as follows-

Hon. Senators, the results of the Division indicate that the Senate has upheld the following impeachment grounds – Ground Number One - Gross violation of Articles 10 (2) (a) , (b) and (c) ; 27 (4) , 73