Senate · Afternoon Sitting

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

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

[(The Quorum Bell was rung)]

Serjeant-at-Arms, proceed to ring the Bell for a further 10 minutes.

[(The Quorum Bell was rung)]

Serjeant-at-Arms, we now have quorum. Kindly stop the Bell. Hon. Senators, kindly take your seats.

I do solemnly swear---

[(Loud consultations)]

Senate Majority Leader, you will exchange greetings much later. Hon. Senators, kindly take your seats. Order, hon. Senators. Sen. Olekina, kindly take your seat. Senate Majority Leader, you should be helping the Chair to bring calm in the House. Clerk, you may proceed to call the first Order.

Hon. Senators, you will recall that at the Sitting of the Senate held on Thursday 2nd November, 2023, I appointed Tuesday 7th and Wednesday 8th November, 2023 as the days when the Senate will hear the charges for the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County. Subsequently, a Procedural Motion for the alteration of the sitting time of the Se…

[(All members of the public and the media withdrew from the galleries)]

[(The House adjourned temporarily at 10.37 a.m.)]

[(The House went into camera)]

[(End of in-camera session)]

[(Members of the public and the media were allowed into the galleries)]

[(The House resumed at 11.00 a.m.)]

Serjeant-at-Arms, kindly, ring the Bell for five minutes to allow Senators to settle in.

Hon. Senators, kindly, take your seats. Sen. M. Kajwang’ and your team settle down. Order, Senators. Kindly proceed to take your seats. Sen. Wafula, take your seat, we need to make progress. Sen. Nyamu and Sen. Wafula, take your seats. Hon. Shakila, proceed to take your seat. Sen. Madzayo and Sen. Omogeni, I will allow you this time around to take your seats while I am on my feet. Thank you.

[(Sen. Madzayo and Sen. Omogeni stood at the Bar)]

[(Sen. Madzayo and Sen. Omogeni walked into the Chamber and took their seats)]

Thank you. I now similarly invite counsel for the Governor to introduce the legal team representing the Governor and the Governor by stating the full name and designation of each person.

Thank you, Mr. Speaker, Sir. My name is Mr. Elisha Ongoya, the counsel leading the team of the Governor. Other counsels appearing alongside me in this matter are-

Sen. Faki, please, take your seat.

On behalf of the Senate, I welcome the County Assembly team, the Governor’s team, members of the public and the media to the Senate and to these proceedings today. I invite the Clerk to read the charges against Hon. Kawira Mwangaza, the Governor of Meru County.

Thank you. You may proceed to take your seat, Hon. Governor. Next is opening statements on behalf of the County Assembly. Counsel, you have exactly 30 minutes. Anything said after 30 minutes will be off record and may not be useful to your client.

[(Hon. Mwangaza took her seat)]

After we moved from this Senate, even though the Senate dismissed the charges, it gave the Governor many pieces of free advice and lessons on how to run the county. After we left here, there was a brief honeymoon of peace in Meru lasting only a few weeks. This honeymoon was characterised by courtesy calls from various leaders pledging in public to support the Governor and promises by the Governor …

Indeed, the Monarch began drafting the pardon and just as he was about to sign it, he asked the messenger, by the way, did Kondraty Ryleyev say anything when this miracle of breaking of the rope in a public hanging occurred? The messenger told the King, ‘Yes, he said, in Russia, they do not know how to do anything; not even how to make a rope’. The Monarch said in that case, let us prove the contr…

meek, polite looking governor, it is because the occasion of the day requires that you look meek, humble, vulnerable and what not. However, if you make the mistake, this time round, it will be que sera, sera (whatever will be, will be). I do not care, kaende, kaende. That is what she will do. For those reasons, for purposes of my part, we are asking you to borrow from Nicholas I of Russia in 1825…

Thank you, Mr. Speaker, Sir, and the hon. Members of the Senate. My name is Mari Maranya and for the interest of time, allow me to jump right into it. I will start by setting out the mandate of the Senate, as has been clearly set out previously by the Apex Court. The Court of Appeal in Wambora's case, as well as the Supreme Court in the Sonko’s case, set the mandate of this House clearly. Its rol…

political and non-political, her relationship with women organizations in Meru, and all actors, including the informal government called Njuri-Ncheke and all other leaders, including her deputy, has irretrievably broken down. Therefore, there exist irreconcilable differences between the Governor and everybody, all actors within Meru. We shall demonstrate that one clearly when we will have a chance…

We shall demonstrate, at the opportune time, how the Governor has used her sister and brother to swindle the Government money. Just a cursory look at it, Kshs78 million going to an individual in the name of prepayments, where her sister would hold eight imprests in one day. We shall demonstrate that when we will be required to call evidence. Mr. Speaker, Sir, we shall also urge you, that the Gove…

[(Laughter)]

We shall demonstrate how a certain work ticket has been used to account for 17 imprests and has been used 17 times. The same registration and serial number have been used 17 times and we shall give this evidence when called upon. We shall also demonstrate how the work tickets that have been used do not follow the natural chronology. It is indicated that on 7th October, the Governor went to Nairobi…

Thank you. Next is the opening statement on behalf of the Governor. Counsel, you have 30 minutes. At the end of the 30 minutes, the microphone will go off. Anything you say after that will be off record and of no use to your client.

Thank you, Mr. Speaker, Sir and distinguished Senators. My name is Elisha Ongoya for the record. It gives me great pleasure to address you representing the Hon. Kawira Mwangaza, the Governor of Meru County. We find it necessary to open our remarks by reflecting on the wisdom that informed the framers of our Constitution in prescribing a two-tier process of removal of a governor from office. This …

Secondly, the diversity of this House in terms of the origin of the decision makers implies also that the members of this House are not contaminated by local politics. Thirdly, this House in terms of the architecture, design of the Constitution and the decision-making process in this matter is expected to bring the much desired objectivity in this process. The Hon. Kawira Mwangaza also takes this…

The law of evidence, which my learned colleague Dr. Muthomi Thiankolu has taught for many years at the university, presents that evidence is not counted, but weighed. Eventually, put this evidence on the weighing scale and come to a conscious conclusion. Can we in good conscience remove a fellow citizen from the high office of the Governor on the strength of the material presented before us? One …

Let me take this opportunity to thank the parties for keeping to the time schedule. I believe that going forward, if we keep it the way we have expedited here now, we should be able to cover ground. Now we are moving to adjourn the House. However, as just a matter of housekeeping, lunch will be served to the parties for the County Assembly and the Governor’s side. You will be served with lunch. Y…