Senate · Afternoon Sitting
Wednesday, 14 August 2024
Senators debated the procedural route for removing the Meru County Governor, contrasting the use of a special committee with a plenary vote and citing relevant standing orders and constitutional articles. Several members opposed the motion to shift to plenary, urging full Senate involvement and public transparency, while others sought clarification on the motion’s status. The Speaker moderated the discussion, addressing time limits and procedural queries. Senators debated the appropriate forum for the third impeachment proceedings against the Governor of Meru County, arguing whether it should be conducted in plenary or referred to a committee, and invoking past precedents. The discussion highlighted perceived double standards in the application of standing orders and constitutional provisions, with calls for all members to have a fair opportunity to consider the charges. The Speaker noted inconsistencies and suggested a review of the relevant rules before any legal action is taken. Senators debated whether the impeachment of Meru County Governor Kawira Mwangaza should be handled in a select committee or in plenary, with several members urging a plenary approach to ensure transparency and public participation. The discussion featured criticism of perceived absenteeism and political noise, while also referencing past impeachment precedents. Overall, the tone reflected both constructive arguments and pointed disagreements.
Clerk, do we have a quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators. Kindly take your seats. Order, Sen. Sen. Tabitha Mutinda and the Senator for Makueni. We now have a quorum. So, we shall proceed with today’s business. Clerk, you may proceed to call the first Order, please. Senator for Lamu, can you hasten, please? We are waiting for you.
[(The Clerk-at-the-Table consulted with the Speaker)]
[(The Quorum Bell was rung)]
[(Sen. Tabitha Mutinda and Sen. Maanzo consulted loudly)]
[(Sen. Githuku stood at the Bar)]
Hon. Senators, I wish to welcome you to this Special Sitting of the Senate. This Special Sitting has been convened to undertake urgent legislative business, which require us to dispense with. On the request of the Majority Vide Letter Ref.No.Senate/MLS/COOR/010/2024 dated 12th August, 2024 and the support of the requisite number of Senators, I appointed today, Wednesday, 14th August, 2024, as a d…
Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order No.48 (4) and (6) , received a Message from the Speaker of the County Assembly of Meru regarding the removal from office, by way of impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County. The Message was conveyed to the Senate via a letter dated Friday, 9th August, 2024, signed by the Speaker of the C…
Thank you, 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 Thursday, 8th August, 2024, the Meru County Assembly approved a Motion to remove from office, by impeachment, Honourable Kawira Mwangaza, the Governor of Meru County;
[(Loud consultations)]
Order, hon. Members. May the Senator for Kakamega County be heard in silence, please.
AND FURTHER, WHEREAS by a letter Ref.
Sen. Methu, take your seat. Hon. Senators, if you have anything to share with your colleagues, pull them out, but let the Chamber be in total silence. This is a very important and weighty matter that we are discussing.
Thank you, Mr. Speaker, Sir. A Special Committee comprising of the following Senators-
Next Order
Proceed, Senate Majority Leader.
Thank you, Mr. Speaker, Sir. On behalf of the Senate Majority Leader, I beg to move the following Motion- 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, Honourable Kawira Mwangaza, the Governor of Meru County; AND FURTHER, WHER…
[(Applause)]
[(Loud consultations)]
Order, hon. Senators. May the Minority Leader be heard in silence. Order, Senator for Nandi. The Senate Minority Leader (Sen. Madzayo) : Twende kwa njia ya kamati kwa sababu njia ya kamati au ile njia ya Bunge lote kuhusishwa, uamuzi huo utafanywa na Maseneta. Kila Seneta hapa ana usemi wake. Kuna tetesi tofauti lakini tukiwa kama
[(Sen. Cherargei consulted loudly)]
Maseneta, ni lazima tuweze kuamua ikiwa tunataka kwenda ile njia ya kamati au Seneti nzima ambapo Maseneta wote wanachangia katika Hoja hii iliyo mbele yetu. Najua Bunge la Seneti linajulikana kwamba lipo na Maseneta majabali, maseneta ambao wanaweza kuketi wakasikiza kesi na kukata kisawasawa. Sintofahamu ni kwamba pengine kukatokea cheche za maneno kutoka nje na kunakuwa na lawama tofauti tofau…
Maseneta, ni lazima tuweze kuamua ikiwa tunataka kwenda ile njia ya kamati au Seneti nzima ambapo Maseneta wote wanachangia katika Hoja hii iliyo mbele yetu. Najua Bunge la Seneti linajulikana kwamba lipo na Maseneta majabali, maseneta ambao wanaweza kuketi wakasikiza kesi na kukata kisawasawa. Sintofahamu ni kwamba pengine kukatokea cheche za maneno kutoka nje na kunakuwa na lawama tofauti tofau…
Hon. Senators, I will now, propose the Question. The Floor is now open for hon. Members to debate.
[(Question proposed)]
On a point of order, Sen. Mr. Speaker, Sir.
What is your point of order, Sen.Wambua?
[(Sen. Cherarkey spoke off record)]
The Senator for Nandi is also making funny signals.
What is your point of order, Sen.Wambua?
Mr. Speaker, Sir, because of the respect that we accord Members every time they speak, I have been listening to the contributions and heard two Nominated Senators who have raised a point of common sense. That, if Nominated Senators cannot vote in a delegation; and since it requires a delegation to vote to make a decision on removal of a governor, the point of common sense that I have raised is tha…
Proceed, Senator for Nandi.
Mr. Speaker, Sir, further, tied up with Sen. Boni, I would like to invite your interpretation on Article 123 on decision of the Senate and further on the removal of a president as provided for under Article 145 (7) , where it does not substantively refer to the delegations. We need your interpretation on what it means. Since the Nominated Senators cannot participate in the impeachment of a govern…
This is so that we are crystal clear and not to shoot in the dark. I hope you will guide us appropriately. I thank you.
Hon. Senators, I will render my considered ruling on that matter upon resumption. For now, be upstanding.