Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Senators, please take your seats and be orderly. Order! Sen. Nyutu, since when did you become an usher?

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

[(Sen. Joe Nyutu stood up in his place)]

[(Laughter)]

Counsel for Governor, you may recall your witness. Clerk, proceed to call the Order.

She is a member of the---

Mr. Speaker, Sir, my name is Eric Muriuki. I will take the first 20 minutes of our closing argument. Hon. Members of the Senate, when the story of devolution in Kenya is told or written, the Members of the third Meru County Assembly will be remembered fondly as champions of devolution, who, without compromise or favour, exercised their oversight role and championed for accountability, transparenc…

Mr. Speaker, Sir, my name is Eric Muriuki. I will take the first 20 minutes of our closing argument. Hon. Members of the Senate, when the story of devolution in Kenya is told or written, the Members of the third Meru County Assembly will be remembered fondly as champions of devolution, who, without compromise or favour, exercised their oversight role and championed for accountability, transparenc…

Although the Governor terms what she did as revocation, she has failed, when put to task, to point to any provision of the law that allows this thing called revocation. Mr. Speaker, Sir, for purposes of putting records straight in this House, once a member of the County Public Service Board is appointed, in accordance with the Section 58 of the County Government’s Act, the process of removing tha…

You heard the young widow that stood here, Irene tells you that as a result of the governor's lies, she has not only been ostracized by the community but has also become a target because people think she has Kshs86 million that she is holding on to. Hon. Senators, let me remind you that the evidence of the young widow was unchallenged. Not a single question was put to her in cross-examination by …

The Auditor-General's report flags breaches of the law by the management by including other things, irregular payments, excessive wage bill, use of the manual payroll, which compromises transparency and accountability. This can be confirmed from pages 344 to 347 of our volume two. Hon. Senators, the use of the manual payroll, according to the Auditor-General, has led to a loss of Kshs102.9 millio…

What does the word “substantiate” mean? It simply means to provide evidence. It does not necessarily mean to prove beyond a reasonable doubt. It means that there must be substance in those allegations; that they have been proven to have substance. Hon. Senators, as I conclude, the evidence presented before this House cannot be trivialised to statistical count as an attempt was made in cross-exami…

Thank you. I must begin by conveying the apology on the part of the County Assembly, for having to engage this distinguished Assembly in all these processes. It is not out of the own making; it is a call of necessity. Necessity has dictated that we must come before you as and when time, situations and circumstances arise. A situation has risen where we have to come before you, Hon. Members of the…

Thank you. I must begin by conveying the apology on the part of the County Assembly, for having to engage this distinguished Assembly in all these processes. It is not out of the own making; it is a call of necessity. Necessity has dictated that we must come before you as and when time, situations and circumstances arise. A situation has risen where we have to come before you, Hon. Members of the…

delivery of services? How is it that she was not aware that that hospital is not functional? How is it that she is not aware that that hospital or dispensary has a functional maternity wing? She takes no bother to confirm why the hospital was not functional as at then. Even having been made aware as at yesterday, she still says, I am not aware. Is that the governor who is capable of running the C…

I sought leave of this House to have the document placed on record. They took no initiative. Why? It is because they wanted to conceal the lie and the offence of perjury. They could not withstand the embarrassment that a signature was lifted. It matters not whether the governor is an Information Technology (IT) guru or she is techno-savvy. It matters that a document was brought before you that is …

office? Should she not be held to account? Is she not bringing that office to disrepute? We submit that particular charge has been sufficiently proved. Mr. Speaker, Sir, on the question of the appointment of chairpersons, again we prove that we have been able to dispose of our burden of not proving this allegation beyond reasonable doubt but on balance of probability; that yes, Governor Kawira ha…

She must be told it is now time to go. She must be told she has been given two opportunities but she failed to reform. She must be told that the Senate has listened to her on several occasions, but she has failed to conform. She cannot conform, she will not conform, and she will not reform because she is not a reformist. She does not understand the story of a reformist. All she understands, as ind…

Is it usual for a defense counsel to not test the veracity of the evidence of a witness who is putting up a serious case such as this one? It is not. They only knew that they had nothing to cross-examine that lady on, and that whatever she said was therefore the truth. As such, we submit Article 10 of the Constitution, which speaks to values and principles of governance was proved. Among them the…

How responsible is that Governor if she cannot learn that a person who is attached to her office is not present? How can she be allowed to get away with this? This is a Governor who is incapable of running the affairs of Meru County. We ask you and humbly submit that you pave way for her to have another person manage the affairs. This is not about being a woman; accountability is not about being …

[(Laughter)]

I submit.

Counsel for Governor, the Floor is yours.

May I proceed, Mr. Speaker, Sir?

Absolutely.

Absolutely.

Thank you so much, Mr. Speaker, Sir, and distinguished Senators. For the record, my name is Ongoya. I will be making the Governor's closing submissions. Distinguished Senators, courtesy demands that I open this process by thanking this House for the opportunity given to us as counsel and the opportunity given to the governor to be heard as we have been heard. The challenges associated with the ti…

Mr. Speaker, Sir, I will beseech the timekeepers to remind me at intervals of perhaps 15 minutes, because I like managing my time, as I get along. This is my humble plea. Impeachment processes, as I have said before, are processes governed by law and legal principles. It is now settled by no lesser authority than the Supreme Court of the Republic of Kenya that, public participation is an importan…

Thank you, counsel Hon. Senators, ladies and gentlemen, pursuant to Rule 27 of the Rules of Procedure as contained in the Third Schedule of our Standing Orders, we will proceed to an in-camera session. Therefore, at this juncture, I ask the parties and members of the public to withdraw from the Chamber and the media to cease live broadcast forthwith.

[(All the parties, members of the public and the media withdrew from the Galleries)]

[(The House went into an in-camera session)]

[(End of in-camera session)]

[[The House resumed at 11.12 p.m.]]

[[The House resumed at 11.12 p.m.]]

Order Members! Sen. Veronica, approach the Chair, please. Clerk, can you call the parties, members of the public and the media back to the Plenary?

[(All the parties, Members of the public and the Media were allowed into the Gallaries)]

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

Hold on, Sen. Gloria.

[(Loud consultations) [The Temporary Speaker (Sen. Veronica Maina) left the Chair]]

[[The Speaker (Hon. Kingi) in the Chair]]

Mr. Speaker, Sir, the hearing and the determination on the proposed removal from office by impeachment of Hon. Kawira Mwangaza, the Governor of Meru County. I beg to give Notice- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Thursday, 8th August, 2024, the Meru County Assembly approved a Motion to remove from office, by impeachment, Ho…

Next Order. Proceed, the Majority Leader.

Next Order. Proceed, the Majority Leader.

Mr. Speaker, Sir, I beg to now move the following the Motion, which is the hearing and determination on the proposed removal from office, by impeachment, of the Hon. Kawira Mwangaza, the Governor of Meru County- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Thursday, 8th August, 2024, the Meru County Assembly approved a Motion to remov…

Mr. Speaker, Sir, I stand here to support the Motion. Everybody has listened to what has been presented to this House and it is up to this House to make their decision. Today, we sit here as judges. We have listened to the evidence that has been placed to this Senate. It is up to us to make an informed decision whether to support this Motion or otherwise. Mr. Speaker, Sir, I support and second th…

[(Question proposed)]

On a point of order, Mr. Speaker, Sir.

Yes, what is your point of order, Senator for Nandi County?

[(Interruption of Debate on Motion)]

Yes, what is your point of order, Senator for Nandi County?

[(Interruption of Debate on Motion)]

NOES: Sen. Faki; Sen. Lomenen; Sen. Madzayo; Sen. Mariam Omar; Sen. Olekina; Sen. Omogeni; Sen. Orwoba; Sen. Osotsi and Sen. Tobiko.

County; Sen. Mariam Omar, Mandera County; Sen. Methu, Nyandarua 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. Tabitha Keroche, Nakuru County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

Hon. Senators the results of the Division on Charge No.1 are as follows-

Throw him out!

Throw him out!

There are those Senators who would wish to vote online. Sen. Dullo, proceed to vote.

Mr. Speaker, Sir, I vote “yes”.

Sen. Kisang, proceed to vote. I am afraid that we cannot see Sen. Kisang on the screen. We will move to Sen. (Prof.) Tom Ojienda.

Mr. Speaker, Sir, I vote “no”.

I am afraid that Sen. (Prof.) Tom Ojienda will not be allowed to cast his vote.

I am afraid that Sen. (Prof.) Tom Ojienda will not be allowed to cast his vote.

Sen. Kisang, can we see you? I am afraid we cannot see Sen. Kisang. Therefore, he cannot vote. The following Senators should proceed to the Clerk’s Table and cast their votes: Sen. Lomenen, Sen. M. Kajwang’, Sen. Kavindu Muthama, Sen. Mwaruma, Sen. Boy Issa Juma, Sen. Abass Sheikh Mohamed, Sen. Okoiti Andrew Omtatah, Sen.Onyonka, Sen. Wambua, Sen. Osotsi, Sen. Olekina, Sen. Oketch Eddie, Sen. Mwi…

Hon. Senators, kindly take your seats. The Senator for Nandi County, the Senate Majority Leader, and Sen, Eddy Oketch, please take your seats.

Sen. Boy, take you seats, please. Now, hon. Senators, the result for the Division on Charge No.2 are as follows-

Hon. Senators, the results of the Division on the Charge No.3, which is Abuse of Office are as follows-

In the letter, the then Acting Cabinet Secretary indicated that in exercise of the powers conferred by Section 12 of the Competition Act, Cap 504, Mr. David Kibet Kemei, had been nominated for appointment to the position of Director-General of the Competition Authority and was, therefore, seeking the approval of Parliament. Hon. Senators, the Act does not provide specific timelines within which P…