Senate · Morning Sitting

Wednesday, 8 November 2023

Session Summary

Counsel Eric Muriuki cross‑examined witness Adrian Arayaru on the accuracy of video translations, cultural oath practices and the role of Njuri Ncheke elders, while the Speaker warned against repetitive questioning. The dialogue highlighted disagreements over whether the video content reflected Meru folklore, the presence of illegal activity, and the proper procedural conduct of the hearing. Senators interrogated witnesses about the authority of the Njuri Ncheke and serious allegations that the Meru County Governor and his relatives misappropriated county funds. The witnesses denied the claims, citing IFMIS records and affirming the validity of affidavits, while the Speaker managed the procedural flow of the hearing. The debate centered on accountability and the credibility of the accusations. The Senate cross‑examined MCA Hon. Nicholas Kinyua Josphat about the translation of language used in proceedings, whether his signature on a verification form was given voluntarily, and alleged coercion through phone calls and possible inducements such as a Maasai Mara trip. The counsel pressed the witness on inconsistencies, while the witness asserted the signing was involuntary and could not be withdrawn.

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The Speaker (Hon. Kingi)

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)]

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The Speaker (Hon. Kingi)

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

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The Speaker (Hon. Kingi)

All the hon. Members, kindly let us take our seats. I am informed that we now have quorum. We will proceed with today's business on the Order Paper. Clerk, kindly proceed to call the first Order.

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Sen. Cheruiyot

On a point of order, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Senate Majority Leader, what is your point of order?

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Sen. Cheruiyot

Mr. Speaker, Sir, sorry to disrupt proceedings, but at the rise of the House yesterday, you gave an important Communication. Something which I strongly feel goes to the heart of the exercise that we are carrying out the last two days; an important exercise that this House is undertaking. You gave an important Communication on conduct unbecoming on the part of certain people I would refer to as Sta…

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The Speaker (Hon. Kingi)

Very well, Senate Majority Leader. You will allow the Clerk to read the first Order, and then I will allow three Senators from each side to speak for two minutes each. Thereafter, we will go straight to the Business of the day. Clerk, please proceed.

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The Speaker (Hon. Kingi)

I will allow comments on the Communication that I did at the rise of the House last night, and I will take three Senators from each side, each speaking for two minutes. The Senate Majority Leader, kindly take the Floor.

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Sen. Cheruiyot

Mr. Speaker, Sir, on behalf of the Senate, I would like to register my disappointment on the increasingly unbecoming conduct of Cabinet Secretary, Hon. Moses Kuria, a man who is continually embarrassing the appointing authority and casting serious doubts on the choice ability of none other than His Excellency the President. That Tweet was in bad taste. It paints Senators as cheap people who have …

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Sen. Cheruiyot

Mr. Speaker, Sir, it is my submission that the sooner Moses Kuria is let off his duty, the better for this administration because every single day, in every action that he undertakes, he continues to embarrass the President and the people. No wonder the people of Kiambu County resoundingly rejected his bid to be their governor. It is because of this kind of habit, the kind of things that he says, …

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The Speaker (Hon. Kingi)

Sen. M. Kajwang', please proceed.

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Sen. M. Kajwang'

Mr. Speaker, Sir, first allow me to congratulate you for your resilience. The Communication being referred to was made at exactly midnight, and that is a sign of the commitment of this House. You were a bit lenient in your Communication. I do not think that such conduct should just be reprimanded and left at that. I would like to urge you that this particular Cabinet Secretary, who uses social me…

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The Speaker (Hon. Kingi)

Sen. Kathuri, proceed.

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Sen. Kathuri

Thank you, Mr. Speaker, Sir, for this opportunity to give my comment on this illicit behaviour of the Cabinet Secretary for Public Service, Performance and Delivery Management. Hon. Speaker, the process going on in this House is very important for the people of Meru County, whom I represent in this House. When I see a rogue Cabinet Secretary

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Sen. Kathuri

getting out there to make some very funny comments on social media, it is very embarrassing. Whatever he is doing is not for the best interests of the people of Meru County. I warn him that he should keep off Meru County affairs. Let him concentrate with the work he has been given by the President. Otherwise, I will request the Senate Majority Leader in the other House to start processing an impe…

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The Speaker (Hon. Kingi)

Sen. Sifuna, proceed.

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Sen. Sifuna

Mr. Speaker, Sir, I am happy that we have come full circle because this is something that I have said on many stages that, in fact, Moses Kuria is an incorrigible national shame.

[(Applause)]

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Sen. Sifuna

As I said, there is a famous poem by Martin Niemöller--- First, he came for the media and when I brought a Motion of censure for the media, some of you were saying, Sen. Sifuna is in the habit of attacking this Government. Now, he has come for the Senate. Do something about this national shame because it will continue unabated. That is who Hon. Moses Kuria is. I thank you.

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The Speaker (Hon. Kingi)

Sen. Wamatinga.

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Sen. Wamatinga

Thank you, Mr. Speaker, Sir. I rise to put weight on this important matter. It is time that as a country we should stand up with one voice and be counted, and tell the President that some of these rogue Cabinet Secretaries he has appointed to Government should not hold him hostage. At this time when Kenyans are suffering from the high cost of living, the least that we need are these Cabinet Secre…

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The Speaker (Hon. Kingi)

Sen. Onyonka, proceed.

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Sen. Onyonka

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute on this important matter. I want to generalize my comments because there is an observation I have made. Many of our leaders want to destroy institutions that have the responsibility of making sure that our country runs properly. Hon. Moses Kuria is somebody I have been in Parliament with for many years, including yourself. …

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Sen. Onyonka

I plead with anybody who knows Hon. Moses Kuria, like I do ,and many others, to talk to him and tell him that he has to up his game. At this rate, all of us are going to become his enemies. Thank you.

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The Speaker (Hon. Kingi)

Hon. Senators, we have heard three Senators from each side. This cannot be a House of lamentations. This is a House of action. Pursuant to the point of order that has been raised by the Senate Majority Leader, I implore upon you, hon. Senators, to use or take full advantage of the Standing Orders, to bring sanity to some of these hearsays. You have the power under the law, more particularly under…

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The Speaker (Hon. Kingi)

Hon. Senators and the parties to this matter, we concluded the case of the County Assembly yesterday. Today, we are going to begin hearing the case of the Governor. We have four hours within which to prosecute and hear the defence by the Governor. The four hours is minus the time given to Senators for questions and clarifications. The Governor and his team, you will have a solid four hours to put…

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, it is now 1.15 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until today, Wednesday, 8th November, 2023, at 2:30 p.m. The Senate rose at 1.15 p.m.