Senate · Afternoon Sitting

Clerk, can we confirm quorum, please? Serjeant-at-Arms, please ring the Bell for five minutes. Serjeant-at-Arms, you can stop the Bell. We have quorum. First order, Clerk?

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

[(The Quorum Bell was rung)]

In his defence, he said that; I fell and penetrated her by accident. That defence shocked the world. He claimed that he fell and penetrated the girl by accident. It was an obvious lie. It was a lie that everyone would see. Surprisingly, Mr. Abdul Aziz got away with it based on that lie, insulting the intelligence of the men who were listening and arbitrating over the case. An obvious lie. That you…

reversing that money. Is that equivalent to the defense that was given by that gentleman who forced himself on that girl? Two days after that, money was erroneously sent, and the Deputy Governor has not visited any Safaricom shop. He has not even talked to his aide because he is entitled to one. He has not talked with his personal secretary to assist him with a simple reversal and he wants Hon. S…

Members of the Senate, the County Assembly has produced before you trails and transactions indicating and showing how money exchanged hands from Joseph and Dennis to the Deputy Governor, and how the same money finally found its way to the Managing Director of Gusii Water and Sewerage Company (GWASCO) for purposes of serving its purpose. Hon. Members, it all began with obvious truths. Joseph Misat…

Hon. Members, as I sum up, the defense by the Deputy Governor should not be taken seriously. It is concocted and it has been summed up so as to rue this House not to vote for the Motion. Members, I sum up by requesting you to allow the Motion on the basis of the grounds on the Motion and the evidence produced by the County Assembly.

Thank you, hon. Senators. I must begin by thanking this House for spending quite considerable time. It tells me and convinces the whole country that this House takes its work seriously. If there were doubts out there that this is a House that is made of noble men and women, then that doubt has been eroded for the last two days.

youths that unless you have a godfather in the status of Hon. (Dr.) Monda, do not attempt to apply for any jobs in this country. That is the message that the conduct of the Deputy Governor of Kisii County is sending out there. This Government is spending a lot of time. The Senators are allocating money to the counties, day to day, to make sure that work and jobs are created. Those jobs are not cr…

The other consequence is that the provisions of Article 26 have been compromised that life begins at conception. Testimonies and evidence were brought before the House, that a young woman somewhere, a person suffered depression and as a consequence of that depression, a life was lost. Mr. Speaker, Sir, even if this hon. Members will not vote to remove the Deputy Governor on the count of bribery, …

As I sum up, look at the Watergate Case. It was a tight case. Somebody organised the breaking of the Democratic National Convention Offices and a president tried to conceal that. That act of concealing sent President Nixon home. Today, it is not President Nixon or Nancy Baraza, it is Hon. (Dr.) Monda. I urge this hon. House to do what is right, and not what is popular, easy, or enticing. What is …

loves his son, wishes his son the best, and has come here and told you that there was nothing like that. All those charges that have been brought against the Deputy Governor are nothing more. As my brothers have submitted, they do not meet the threshold. In as much as my brother asked you to send the governor home, let the governor go back to Kisii and serve his people. He was elected and the job…

Order, hon. Senators! Welcome back to Plenary.

Having dispensed with the in-camera session, we will now proceed with the business as contained in the Supplementary Order Paper, which has been circulated and I believe that each one of you, has a copy of it. Clerk, you may proceed to call the next Order. The Senate Majority Leader?

Mrs. Misati; Mr. Misati being a retired 68 year old civil servant, churchgoer versus his son who is 37 years old. Who do you choose to believe? We already indicated to you, Mr. Misati's wife sworn affidavit, which we are relying on, and we produced the M-Pesa paper trail. I am aware that my colleagues have said that the wife was maintained in this case as a decoy. This cannot be true because we b…

Clerk, next Order. Proceed, the Senate Majority Leader.

With that kind of a situation, Dennis readily admitted that he never spoke with Dr. Monda. He said that threat was communicated through the father, but the father said there was no such threat. Where do you find cross violation? Where do you find serious basis to assume that a serious crime was committed? Where do you find a basis to say there was an extraordinary wrong committed as was determined…

Hon. Senators and Mr. Speaker, Sir, for those reasons then, we pray that you conclude that, indeed, on the allegations brought against Dr. Monda, there is no evidence of gross misconduct, any serious crime committed and abuse of office or having done anything-extra ordinary to warrant the need to hold him liable for impeachment. I would like to cover a few of the other grounds that my colleagues …

issues of bursaries are domiciled in the office of the Governor and that there is a committee that deals them. So, at what point would you, as Senators, be asked to get to deem Dr. Monda to be involved in bursaries when the witnesses for the County Assembly are contradicting their own witnesses through those videos saying, that bursaries have nothing to do with the Deputy Governor? We pray that …

[(Loud Consultations)]

I am aware that a number of Senators have said that based on the provision of Article 159 of the Constitution, they do not want to look at the technicalities. On our part, for the Deputy Governor, we would want to ask; what was the purpose of the rules? Why did we sit yesterday up to midnight? Why are we seated past hours today? Is it not because the law prescribes that some things are to be done …

Order, hon. Senators! Proceed, Sen. Oketch Gicheru.

The Counsel for the Deputy Governor (Mr. Wilkins Ochoki): Mr. Speaker, Sir, allow me to briefly address the facts that my colleagues emotionally wanted you to believe. A church elder has been called a culprit and a liar in this honourable House. However, if you were to look at the evidence in totality, hon. Senators, you are being told to send the Deputy Governor, Hon. (Dr.) Robert Monda, home wh…

loves his son, wishes his son the best, and has come here and told you that there was nothing like that. All those charges that have been brought against the Deputy Governor are nothing more. As my brothers have submitted, they do not meet the threshold. In as much as my brother asked you to send the governor home, let the governor go back to Kisii and serve his people. He was elected and the job…

Thank you to both teams from the County Assembly and the one on behalf of the Deputy Governor. Pursuant to Rule 27 of the rules of procedure as contained in the Third Schedule of the Senate Standing Orders, the Senate shall now proceed to a camera session to deliberate on the matter raised before making a decision. The camera session shall last for 15 minutes. Thereafter, we shall reconvene plen…

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

[(The House adjourned temporarily at 9.38 p.m.)]

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

[(End of in-camera session)]

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

[(The House resumed)]

Order, hon. Senators! Welcome back to Plenary.

[(Loud consultations)]

Thank you very much, Mr. Speaker, Sir. I propose that we limit the debate to three minutes. I invite the Senator of Homa Bay County, Sen. M. Kajwang’, to second. Sen. M. Kajwang’: Mr. Speaker, Sir, I second with variation of five minutes.

You either second the Motion as moved---

[(Loud consultations)]

Thank you, Mr. Speaker, Sir. I invite the Senator for Meru County, Sen. Kathuri, to second.

The Deputy Governor has spent a lot of energy to twist evidence surrounding the affidavits of these two women, but they have stood their ground. A woman by the name of Lucy Wahito. After the Deputy Governor received the said Kshs800,000, he quickly transferred that money to Lucy. Lucy was brave enough to ask the Deputy Governor, what is this money for? The Deputy Governor told her and I am reading…

Hon. Senators, we need not be drawn to a debate on that Motion. With your concurrence, I can proceed put the question on the Motion as moved by the Senator of Nyandarua County and seconded by Sen. Kathuri. Order, Sen. Munyi Munding.Voting shall be by voice. Therefore, Hon. Senators, with your concurrence, may I proceed to put the question?

[(Sen. Owoba spoke off the record)]

[(Loud Consultations)]

Sen. Orwoba, I do not want to ask Members to leave the Chamber, if only we can behave in an orderly fashion.

[(Laughter)]

Order, hon. Senators! Proceed, Sen. Oketch Gicheru.

Mr. Speaker, Sir, I also happen to be among the youngest Senators in this House. We are seeing some sanity in the Senate in the pursuit of justice, where the old and young can speak on a matter that affects our country with same passion and magnitude. Mr. Speaker, Sir, yesterday, I sat in this House. As you know, we also have our lobby on the other side where if you are tired you can keep watchin…

As I finish, if you look at the Deputy Governor’s response, that is Volume one, pages 65 to 66, there is a number that drew my attention. We have a Cooperative Bank account of the key witness for the Deputy Governor’s side who is the father of Dennis. I would like to read the number. It is 07022000. You can check the rest if you have got those files. I did a simple search. If you look at that num…

Thank you. Sen. Boni, you need to take your seat. Now, hon. Senators, I will now proceed to propose the question. Hon. Senators, we will proceed with debate. What is your point of order, Senator for Nyandarua County?

[(Sen. (Dr.) Khalwale, stood up in his place)]

[(Question proposed)]

[(Interruption of debate on Motion)]

accused, have fallen below the expectation of this country, I want to say to this Senate that I tender my apologies for the scenario we have had in this House. In conclusion, as a Christian, I also pray to my God. Where I have wronged anyone, including those I have wronged in the line of duty, I will tender my regrets and prayers to my God to see me come out of this kind of picture. As I get old…

Hon. Senators, I will proceed to guide you on the procedure by which the vote on this Motion shall be undertaken. Number one, pursuant to Article 123 of the Constitution and Standing Order No. 85 of the Senate Standing Orders, the voting on this Motion shall be by delegation. Two, we shall vote by electronic voting but in addition, I shall allow Senators who are attending the session virtually, …

[(Loud consultations)]

Hon. Senators, kindly take your seats. Order, hon. Senators! Sen. Chimera, Sen. Osotsi. Sen. M. Kajwang’, disperse your team, so that everyone of you takes their seat.

[(Loud consultations)]

AND FURTHER, WHEREAS by a letter dated 1st March, 2024 and received in the Office of the Speaker of the Senate on Saturday, 2nd March, 2024, the Speaker of the Kisii County Assembly informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate, documents in evidence of the proceedings of the Assembly; FURTHER WHEREAS, pu…

There being no Senator online for purposes of voting, on account of Charge 1, we can now proceed to verify the votes on account of Charge 1. Hon. Senators, we will move to the second vote. Charge No.2 which is Abuse of Office. You may proceed to vote.

Hon. Senators, the results for the first Division are as follows-

Hon. Senators, the results for the second Division are as follows-

Hon. Senators, the results for the Third Division are as follows-

Hon. Senators, the results for the fourth Division are as follows-

Hon. Senators, Section 33 (7) of the County Governments Act provide as follows- “If a majority of all the Members of the Senate vote to uphold any impeachment charge, the Deputy Governor shall cease to hold office.”

Hon. Senators, the result of the Divisions indicate that the Senate has upheld the following impeachment charges- Charge Number 1: Gross violation of the Constitution and any other law; Charge Number 2: Abuse of office; Charge Number 3: Gross misconduct; and, Charge Number 4: Crimes under National Law. Hon. Senators, pursuant to Article 181 of the Constitution, Section 33(7) of the County Goverme…