Senate · Morning Sitting

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

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

[(The Quorum Bell was rung)]

[(The Quorum Bell was rung)]

Order, hon. Senators! We now have quorum. Clerk, you may proceed to call the first Order.

Sen. Osotsi and company, kindly take your seats. Hon. Senators, you will recall that at the sitting of the Senate held on Thursday, 27th November, 2025, I appointed today, Wednesday, 3rd December, 2025 and tomorrow, Thursday, 4th December, 2025 as the days when the Senate will hear the charges for the proposed removal from office, by impeachment, of Hon. Amos Kimwomi Nyaribo, the Governor of Nyam…

[(Several hon. Senators walked into the Chamber and sat in their places)]

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

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

[(End of in-camera session)]

[(Members of the public, the media and the parties were ushered into the Chamber)]

[(The House resumed at 11.03 a.m.)]

Clerk, kindly call the Order.

Mr. Speaker, Sir, thank you for granting us this opportunity to appear before you today. On behalf of the County Assembly of Nyamira, I wish to introduce the counsels representing the County Assembly of Nyamira.

I now similarly invite counsel for the Governor to introduce the legal team representing the Governor by stating the full names and designation of each person. You may proceed.

Thank you, Mr. Speaker, Sir and good morning to distinguished Senators. My name is Elias Mutuma. I wish to confirm that pursuant to the notice to appear, the Governor is before the Senate in person. He is also represented by the following counsel-

Senator for Kitui, kindly take your seat. Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the team for the county assembly, the team for the Governor, members of the public and the media to the Senate and to these proceedings. Finally, I now invite the Clerk to call the next order and, thereafter, to read the charges against Hon. Amos Kimwomi Nyaribo, the Governor of Nyami…

Whereas Section 6A(1) and the Third Schedule of the County Governments Act, 2012 specifies the location of Nyamira County Government as Nyamira Urban Area; Whereas Section 7B(2) of the County Governments Act, 2012 provides that- ‘‘Except for a sitting of a new County Assembly under Subsection (1), a sitting of a County Assembly may be held at any place within the county and may commence at any ti…

WHEREAS Article 232(1) of the Constitution, 2010 sets the Values and Principles of Public Service, requiring efficient use of resources, transparency and fair competition and merit; WHEREAS Section 4 of the Public Appointments (County Assemblies) Approval Act, 2017 requires that an appointment under the Constitution or any other law for which the approval of a County Assembly is required shall no…

Deputy Clerk, just give me a minute.

You may proceed, Clerk. The Deputy Clerk of the Senate : Hon. Amos Kimwomi Nyaribo, how do you plead to the two grounds; guilty or not guilty? Ground 1? The Governor of Nyamira County : Not guilty. The Deputy Clerk of the Senate : Ground two? The Governor of Nyamira County : Not guilty.

[(Mr. Mohammed Ali)]

[(Hon. Amos Kimwomi Nyaribo)]

[(Mr. Mohammed Ali)]

[(Hon. Amos Kimwomi Nyaribo)]

Now, the plea having been taken, we will move to hear opening statements from both teams, unless there are preliminary matters that the parties would wish to raise. If there are no preliminary matters, we shall move to opening statements starting with the county assembly. Yes, counsel for the governor.

Thank you, Mr. Speaker, Sir, and hon. distinguished Senators. My name is Elias Mutuma, representing the Governor in this matter. Mr. Speaker, Sir, you will recall that on 1st December, we did formally raise a Preliminary Objection (PO) dated 29th November, 2025, which is seeking to have the proceedings before the Senate terminated in a summary manner before proceeding for

full trial. I will be arguing this main preliminary objection with your leave and my learned friend, Mr. Ratemo, will also raise two applications at the end of my presentation. Hon. Senators, the preliminary objection before you is the one dated 29th November, 2025.

Counsel for Governor, you were to indicate that you are going to raise a preliminary objection, so that I give time indication. Now, if you look at Rule 14 of the Rules of Procedure, in the Third Schedule, we have 30 minutes to conclude matters of a preliminary nature. I will, therefore, give you 20 minutes to argue your preliminary objection. I will give the County Assembly 20 minutes to respond…

Thank you for that guidance, Mr. Speaker, Sir.

Your time starts running from now.

Thank you, Mr. Speaker, Sir, for the opportunity. Like indicated earlier, we have raised a preliminary objection dated 29th November, 2025, and it is contained in the Governor's documents at Volume I. It is a very thin document. The objection that we have raised in this preliminary objection is not just about a procedural issue. It boils down to the very core and principles of our Constitution be…

mandate, this Parliament enacted Section 33 of the County Governments Act. The provisions of Article 33 are very clear that the threshold must be two-thirds of all the members of the County Assembly. Mr. Speaker, Sir, now, the County Assembly will appear before you and argue that the threshold had been reduced by vacancies that had resulted from death, resignation or other factors, but the consti…

we only had 19 Members in Chambers - they have given you that list, how could they generate more than 19 votes? Hon. Senators, it is a joke of the year. I may not be good in mathematics, but I am sure, a total of 19 will never generate 23. On that ground alone, this is a flawed Motion. It cannot be entertained. I know my learned friends will come here and try to persuade you to proceed to full tr…

House that is voting virtually. The Speaker goes further to confirm that you are actually properly dressed in a parliamentary attire. It is not automatic that you will be allowed to vote even virtually. How then would a letter suffice? Hon. Senators, this Motion cannot be allowed to proceed to the next level. Doing so would be to legitimise a process that is fraud and meant to thwart the will of …

Counsel for the County Assembly, your 20 minutes starts running from now.

Mr. Speaker, Sir, very interesting arguments have been made about membership and I want to seek clarification, especially from counsel for the Governor on the question of membership. You have stated very well what Section 33 (2) of the County Governments Act speaks to, that the Motion has to be supported by two-thirds of all the members of the assembly. I want you to tie that to the provisions of…

Yes, counsel for the Governor, you may proceed.

Thank you, Mr. Speaker, Sir, and thank you, Senator for Nairobi City County, for that question. My answer to that question is, the impeachment process is governed by three pieces of legal provisions- Article 181, Section 33 and the Standing Orders. It does not anticipate a scenario whereby there will be a vacancy that will have to last for so long, such as to affect the business of the House. Le…

Sen. Wambua, please, proceed.

Mr. Speaker, I have a similar question, but this time to the Counsel for the Assembly, Katwa Kigen. I would like the lawyer to address me and this House on the question of the membership of any Assembly. At what point does that membership determine? Does it

determine immediately after elections and after political parties have had an opportunity to discharge their obligation to nominate members? Or is it a moving target? Is it one number today, a different number tomorrow, a different number next week? At what point does this number determine? I thank you.

The Counsel for the County Assembly.

Thank you, Mr. Speaker. The direct answer to the question from us is that it is a moving target. The reality of it is that at every given time, the representation has to continue. Various activities have to be done. There is a need to approve budgets and determine issues. Therefore, the fact that there is a continuous need to attend to issues on behalf of the public makes it a moving target. There…

Sen. Boni, please proceed.

Mr. Speaker, I am convinced by what the Counsel for the Governor, Mutuma, has said; that, you cannot find voting by proxy anywhere in the Standing Orders of the County Assembly or anywhere else yet, this is going to guide us to decide on your preliminary objection, Mr. Mutuma. Do you not think reading the Standing Order in its entirety, we should give the County Assembly an opportunity to demonstr…

Counsel for the Governor, you have a few seconds to respond.

Thank you, Sen. Boni Khalwale. An argument based on points of law or the interpretation of law cannot be a factual issue. It is based on legal arguments. They had the opportunity to submit, and that is why this Senate directed us to prepare written submissions and bring them before the House. That is why they have given us 20 minutes to demonstrate to you through legal arguments how the Speaker ca…

Counsel for Governor, time is up. Hon. Senators, I will be giving my ruling at 2.30 p.m., on this particular matter.