Senate · Afternoon Sitting
Tuesday, 20 December 2022
Senator Cheruiyot outlined the Senate’s historical handling of governor impeachments and advocated for a select Committee of 11 members to examine the current motion, emphasizing procedural fairness and inclusivity. He cautioned against politicised campaigns and gender‑based accusations, urging members to focus on evidence and the Constitution. The debate centered on the appropriate route—Committee or Plenary—for impeachment proceedings. Senators debated the composition of a committee tasked with examining a governor's alleged misconduct, emphasizing the need for expertise, regional balance, and adherence to legal procedures. The discussion highlighted concerns over gender representation and the two-thirds gender rule, while also featuring procedural tensions and calls to avoid emotional bias. Senators urged greater commitment to a pending committee, encouraging members to attend as Friends of the Committee and emphasizing trust in the House's committee system. The Speaker outlined procedural rules for a county‑based electronic vote on the motion, seeking broad support to move the work forward. The debate was largely constructive, focusing on cooperation and legislative process.
Clerk, can you confirm if indeed we do have quorum?
[(The Clerk-at-the-Table consulted the Speaker as several Senators walked into the Chamber)]
Thank you, Mr. Speaker, Sir. I have noticed that we have gone through the Order on Administration of Oath. As you know, this is a solemn matter on the Order Paper. The people of Bungoma County successfully carried out an election. They voted for a Senator and all of them have their eyes glued on the television to witness the swearing in of their Senator. Apparently, the ceremony does not appear t…
Sen. (Dr.) Khalwale, indeed, I am aware that the IEBC gazetted the duly elected Senator of Bungoma County. The Gazette Notice was contained in the same Gazette that we did seeking to have this Special Sitting. Now, Sen. (Dr.) Khalwale, if you can read Standing Order No.33 (1) and (5) . I will read for you Subsection 5 of that particular Standing Order. “Whenever the Senate meets for a Special Si…
[(Applause)]
Hon. Senators, I take this opportunity to welcome you to this Special Sitting of the Senate that is convened on the request of the Senate Majority Leader, pursuant to Standing Order No. 33 (1) and with the support of the requisite number of Senators. Consequently, vide Gazette Notice No.15567, dated 16th December, 2022, I appointed today Tuesday, 20th December, 2022, at 2.30 p.m., as a day for a S…
Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order No. 47 (1) and (3) , received a Message from His Excellency the President. The Message that is dated Friday, 9th December, 2022 and communicated by way of a Memorandum addressed to the Speaker of the Senate and the Speaker of the National Assembly, was received on 14th December, 2022 while the Senate was on rece…
Mr. Speaker, Sir, I have heard your Message. For a very long time, I have been avoiding to comment on this particular issue because you know very well that this has been a topical issue in our country. Given that this was a Memorandum addressed to you, I am now satisfied that the Communication you have given is that you have referred this matter to one of the legislators in this House, who happens…
Members in the National Assembly. Anybody else, not including the President himself, can transact any business in this House other than through the way that has been suggested that you can do a proposal. This House receives petitions and letters from members of the public. Personally, even as a legislator, I get suggestions even on my social media platforms that “you need to change this law or th…
We rest that matter there. Hon. Senators, I had three options. One of the options was to allow you to consider this Message, which I did not exercise. The option I did exercise is to refer this Message to the Majority Leader for onward transmission to the relevant committees. Therefore, we are not debating this Message. That option is not open to us now. Hon. Senators, we have a very heavy agend…
[(Sen. Mungatana stood up in his place)]
[(Sen. Mungatana spoke off record)]
I wish to report to the Senate that pursuant to Standing Order No. 48, I received the following Message from the Speaker of the Meru County Assembly regarding the passage by the county assembly of a Motion pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, for the removal from office, by way of impeachment, of hon. Kawira Mwangaza, the Governor of Meru County…
[(Sen. (Dr.) Oburu walked into the Chamber)]
[(Applause)]
Senate Majority Leader, you may the Floor.
Mr. Speaker, Sir, I rise to give Notice of the following Motion- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on 14th December, 2022, the Meru County Assembly approved a Motion to remove from office, by impeachment, Honourable Kawira Mwangaza, the Governor of Meru County; AND FURTHER, WHEREAS by a letter Ref. No. CAM/RES/VOL.V/2, dated 1…
Let us go to the next Order.
Members, can you resume your seats? Members, kindly resume your seats. Voting is complete. Serjeant-At-Arms, you may now withdraw the bars, please. The Results of the Division are as follows: -
[(The Bars were withdrawn)]
Hon. Senators, having put this Special Committee in place, the Committee will have ten days to investigate and report back to the Senate on whether it finds the allegations against the Governor to have been substantiated. The Committee should, therefore, table its report in the Senate on or before Friday, 30th December 2022.
[(Applause)]
Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 14th February 2023 at 2:30 pm. The Committee meets immediately after the Kamkunji in Committee Room No.5. I thank you. The House rose at 6:25 p.m.