Monday, 19th August, 2024 Special Sitting

Clerk, do we have quorum?

Sen. Orwoba and Sen. Beth Syengo, take your seats so that we start this afternoon’s business.

Clerk, you may proceed to call the first Order.

Hon. Senators and parties to this impeachment proceedings, we are first going to hear the case of the County Assembly.

Counsel for the County Assembly, you have four hours to present your case. The four hours include the evidence-in-chief, cross-examination and re-examination.

This is how we are going to conduct this investigation. You will call a witness, they will be sworn in, and you will lead them in evidence-in-chief. Thereafter, they will be cross-examined by the team for the Governor. You will proceed to re-examine the witness and, thereafter, the Senators will be allowed to seek any clarification or ask questions to that witness.

The time taken by the Senators to seek clarification from that witness or to ask questions shall not be put as part of the four hours that have been given to you. Therefore, when the witness is responding to queries or questions from the hon. Senators, time will be frozen, so that you have your maximum four hours to put across your case. I hope that clarity helps.

Therefore, Counsel for the County Assembly, the Floor is yours. You may proceed to call your first witness.

Thank you, Mr. Speaker, Sir, and Members of the Senate. With your permission, allow me to call to the stand, our first witness, Hon. Zipporah Kinya.

was ushered into the Chamber) Please, introduce yourself to the House.

Thank you, Mr. Speaker, Sir, and hon. Members---

Sorry, you will have to take oath.

(The Witness for Meru County Assembly,

Thank you. Go ahead to introduce yourself to the Senate.

Mr. Speaker, Sir, I am Zipporah Kinya, a Member of the County Assembly of Meru, specially elected by the United Democratic Alliance (UDA) Party. I am the Deputy Leader of the Majority Party and I also represent the 817 women and girls of Meru County in the Assembly.

In respect to this Motion, what was your role?

My role in this Motion is that I am the Mover. I moved this Motion in the County Assembly of Meru. I drafted it because I felt there was need to remove the Governor of Meru County, Hon. Kawira Mwangaza, from office through impeachment.

In the processes and your decision to move this Motion, were you actuated by malice, ill will, vendetta or any other motivation against the Governor?

Mr. Speaker, Sir, in an attempt to move this Motion, I have championed for good governance, accountability and respect for the rule of law in Meru County since I joined the County Assembly. I was guided by the need for the people of Meru to get services and the right services. That was the reason I moved this Motion in the County Assembly of Meru.

That statement you have just made before the House, is it the general perception and view of the entire House or was that the view of Zipporah Kinya?

Once I introduced this Motion before the Members of the County Assembly, my Motion was supported by 49 Members of the County Assembly (MCAs) out of the 69, as per the law. I believe the MCAs agreed with me that there was need to move this Motion in the County Assembly.

Was there any type of inducement from any other quarters that perhaps may have triggered you to move this Motion?

Mr. Speaker, Sir, absolutely none.

Just before we broke for lunch, there was a video that was played before the Senate. We would like you to comment on it. Before the video was played, was there public participation that was carried out?

After I read a Notice of Motion on 31st July, 2024, public participation was done on 5th August in the 45 wards of Meru County. This exercise was very successful and it was both qualitative and quantitative.

What do you mean by both qualitative and quantitative?

The public participation was successfully qualitative because the residents of Meru County were given an opportunity to give their views, through written memoranda and attending public participation in the gazetted venues. They also gave their views through electronic media.

Through the analysis of the percentage of the public participation, how many were in support of the impeachment---

Apologies, Counsel for the County Assembly. Hon. Members, kindly be seated and be silent as the County Assembly is presenting its case. Let us hear the witness in total silence.

Proceed, Counsel.

I put the question to you on whether you did an analysis of how many members of the public were in support of the impeachment and how many were against the same?

Mr. Speaker, Sir, about 85 per cent of the public participation participants presented oral and written memoranda in support of the Motion to impeach the Governor. That meant that 15 per cent of the participants opposed the Motion to impeach the Governor of Meru.

Is that evidence before the Senate, and if yes, kindly answer on the same?

The evidence is here before the Senate and it is in our documents on public participation, Vol. 5.

Is that the big volume?

Yes.

Kindly point out the page.

Page 14.

Before we play the video, when was the Motion moved?

The Motion was moved on the 8th of August, 2024.

Were there events that preceded the debate of the Motion? If yes, would you kindly indicate them?

Before the Motion was moved on 8th August, 2024, there were events that preceded the Motion. One of them, notably, was the attempted razing of the County Assembly while the Members were inside.

When you speak about attempts to raze, what exactly happened? The Senators were not present, they might want to understand the situation.

There was an attempt to burn the County Assembly of Meru at around 3.00 a.m. while the Members were inside.

How was that situation arrested and who arrested it?

The situation was arrested by our Serjeant-at-Arms and security personnel that were deployed around the Assembly that night and even the previous night. The security personnel also assisted in putting out the fire.

You said that then the fire was lit? Is that what you are saying?

Yes, the fire was lit. It was a petrol bomb. It was a petrol bomb that was thrown on the roof of the County Assembly from the Meru Law Courts. The Meru Law Courts borders the County Assembly. Somebody climbed through the roof of the Meru Law Courts and threw a petrol bomb at the Assembly. I was inside. I could not even wear my pair of shoes to run out. I ran out barefooted that night because the roof had started to burn and we could see the fire from inside.

That is okay. What were you doing at the County Assembly at 3.00 a.m.?

We were in the County Assembly because of security reasons. There were so many threats to our lives. I would like to report to this House that there was a fire attempt even my home. Fire was thrown in my house. So, we were in fear that we would not get to the Assembly. Some people had threatened that they would block all the roads such that we would not get to the Assembly.

So, do you have evidence of such kind of threats before this Senate? If yes, would you like us to see it?

The threats were given by some members of the public. I believe we have some videos that can show that, including a video of attempted arson in my home.

So, we play video nine in the Assembly bundles? As you prepare to play video nine, in summary, whom do you attribute or where were they coming from?

In summary, the threats were coming from the supporters of the Governor of Meru County.

Let us play video nine.

As we watch, you can explain what is happening to save time.

Somebody has just come and poured some petrol across the fence from my neighbour.

Then the person threw fire from my neighbor’s side. Then the watchman, who was awake realised that there was some fire. He told me that he heard something being thrown there and then he heard some noise. So, he went to check. That was when he found fire. It is the watchman now who went to call the other workers who came to put off the fire.

Where was that fire, briefly?

It was just next to the cowshed.

Whose cowshed?

My cowshed.

Is that in your compound?

It is in my compound.

Was that done during the subsistence of the Motion or before the Motion?

On the eve of the Motion.

Is that why you are saying that you feared for your lives?

I would want to clarify to this Senate that I had tabled another Motion before this one that was stopped by the court. The night that I was to move the Motion is when the fire attempt was made. So, in the following Motion that I tabled, we decided now to sleep in the County Assembly because our security was not guaranteed.

Thank you. Were there members of the public who publicly exhibited conduct of posing threats to the County Assembly?

Yes.

Do you have evidence before this Assembly?

Yes.

Would you want us to play video No.7 of a transcribed public participation video?

Yes.

Please, have it played. Video No.7 of the County Assembly transcribed public participation. Not that one. The folder is called ‘evidence of public participation.’ Yes, that one.

Would you explain to the Senate who that is, what was happening and when it was happening?

Mr. Speaker, Sir, that is an employee of the Meru County Government working in the office of the Governor and he is threatening the members of the public not to participate in the public participation. He is saying that there will be no public participation in the whole of Buuri Sub-County because they do not want it to be carried out by the Meru County Assembly. He is threatening that they are going to ‘choma’.

Mr. Speaker, Sir, and hon. Members, I believe everybody understands what he is saying in Kiswahili. He said that “tutachoma na tutachoma.”

Do you know his name?

Mr. Speaker, Sir, he is Martin. I do not know his official name, but his name is Gachege.

Were those threats actualized?

Those threats were actualized by trying to ‘kuchoma’ the County Assembly.

Were there people who were arrested, and if yes, were they charged?

Yes, Mr. Speaker, Sir. About 16 young men were arrested and charged in the Meru Law Courts for the acts.

Do you have evidence of them being charged or a video?

Yes, I have a video.

Would you ask to play it?

Yes, Mr. Speaker, Sir.

Could you kindly play video Number 10? Under the folder; video in support of the impeachment Motion. As we wait for the video, do you have any charge sheet before this Assembly?

Yes, Mr. Speaker, Sir.

Would you lead us to where the evidence is to be found?

The evidence on the charge sheet is found in the County Assembly documents, volume four, page 571.

Briefly, could you read out the particulars? As you do so, what is that video about? Kindly speak to the video and the charge.

Mr. Speaker, Sir, the video is about the young men who were arraigned in Meru courts for the attempted arson on the night of the Motion in Meru County Assembly.

Thank you. Kindly read out the particulars of the charge.

The charge is preparation to commit a felony, contrary to Section 308 of the Kenyan Penal Code. On 8th August, 2024, at Meru County Assembly area in Imenti North Sub-County, within Meru County, jointly armed with the articles for use in the cause of connection of burning the premises of the County Assembly; three bottles of petrol, four motor vehicle tires, and five stones were found in a motor vehicle make Sienta, registration No.KDB704A, light blue in color. The date of arrest is 8th

August, 2024. The suspects were in custody by the time of the preparation of this charge sheet on 8th August, 2024.

Witness, do you recall the video that was played by the Governor before we went for break?

Yes, Mr. Speaker, Sir.

I want you to speak to the said video No.VKM18. Kindly play it. As we await that, do you, with all the persons you represent this afternoon, associate yourself with the content, the sentiments and the views of that person who spoke?

Kindly play the video that was played just before we went for a break.

Kindly pause it. Who is that speaking?

Mr. Speaker, Sir, and Hon. Members, that is a political activist from Meru County.

Is he a Member of County Assembly (MCA) of Meru County?

Mr. Speaker, Sir, he is not a member of the Meru County Assembly.

Is he an employee of the Meru County Assembly?

Mr. Speaker, Sir, he is not.

Evidence was laid that he is the Secretary General (SG) of the Mbus party. Yes?

He is not the Secretary General (SG) of the Mbus party.

Who is the SG of that party?

The SG of the party is Milton Mugambi Imanyara.

Milton Mugambi Imanyara? Where do you get that evidence from?

Mr. Speaker, Sir, I got the evidence from Gazette Notice No.5805 dated 9th May, 2024, by the Political Parties Act.

It was alleged that the association of that video, was that there were 20 MCAs from the said political party who are supporting the Motion. Yes? Do you recall?

Yes, Mr. Speaker, Sir.

What is your testimony in that respect? Are all the members of the party supporting the Motion?

No, Mr. Speaker, Sir.

Proceed.

Mr. Speaker, Sir, only three of them do not support the Motion. They actually voted against it.

Were they removed from the committees?

No, Mr. Speaker, Sir.

What is the current association of Mr. Mugambi, the SG of the Mbus party, with the Governor?

The current SG of the Mbus party has been nominated for appointment as the new legal advisor of the Governor of Meru County. His recruitment is in the process.

What did you say? He is currently---

Mr. Speaker, Sir, currently, he has been nominated as the legal advisor of the Governor and his recruitment is in the process in the County Public Service Board (CPSB) .

The Governor has a closer association with the said party, correct?

Yes, Mr. Speaker, Sir.

Before the proceeding of this Motion, did you get any letter from any political party trying to advise you on how to proceed?

No, Mr. Speaker, Sir.

Do you recall receiving the letter from the United Democratic Alliance (UDA) political party?

Mr. Speaker, Sir, I did not receive any letter from the UDA political party. I just saw it on social media.

Yes, but to whom was it addressed and what was the content of the letter?

Mr. Speaker, Sir, it was addressed to me and the instruction was that I withdraw this Motion from the County Assembly. However, I never received any letter.

Who was the author of the letter?

Mr. Speaker, Sir, the UDA party SG, Cleophas Malalah.

So, with all that, what motivated you then to bring this Motion?

Mr. Speaker, Sir, I got motivated to bring this Motion because, as I said, when I started, it was in pursuit of good governance and accountability. It was also for the people of Meru County to get quality services from Meru County Government.

In the opening remarks by my senior learned counsel, Mr. Ongoya, it was alleged that you had promised in advance to bring a motion of this nature.

Yes?

I did not promise to bring a motion of this nature.

Do you have any evidence that perhaps may be beneficial to the Senate, where you might have made public remarks in respect to the question of accountability of the Governor?

Mr. Speaker, Sir, and hon. Members, there is a video that has been circulated since I moved this Motion in the County Assembly. It has been

circulated on Baite TV several times and I am very sure that video is an abstract of what I said. I have a full video of what I talked about during that media interview.

Do you wish us to have the same played?

Yes, I would wish the extract is played and then, my video is played to ascertain that the extract was meant to mislead the people of Meru, the people of Kenya and also this House.

Thank you. Would you kindly then have video No.1 VKM1 in the Governor's folder played.

Hon. Senators, I am sure the majority of you may not understand that language and I can see the translation is running quite fast. Do I then make an application that will be provided with an interpreter or the transcripts are clear?

Well, unless hon. Senators are doubting the English translator---

I am well guided, Mr. Speaker, Sir.

If they have any difficulties, they will certainly make their position known.

I am well guided, then let us proceed.

Let us play video two in our bundle of document. As we play, what was the context of that video?

Thank you, Mr. Speaker, Sir and hon. Senators. That video is just a small extract of the media interview that I had done that day. Fortunately, or unfortunately, I had done that media interview when another impeachment was being considered in this House.

It happened that there was a problem in a village where I last taught as a teacher. The village had lost around 20 cows and they were feeling that they needed vaccination services from the County Government of Meru. Those are the issues that made me to do that media interview, asking the County Government of Meru to give the people of Meru services and quality services.

When was this?

That was around the time that the other impeachment was in this House. There was an outbreak of a disease in that area.

Do you have the full text of that video?

Yes.

Would you wish to have it played?

I would wish to have it played.

In our bundle of document, video No.2, the County Assembly.

Counsel, before you play that video, we have one of our Senators, Sen. Crystal Asige, who is visually impaired and she may not be able to see the English rendered translation. In this case, we may need a translator to translate it and explain by word, so that the hon. Senator can be comfortable with the translation.

Can we have a translator coming in, please?

I am well guided. We can perhaps be proceeding with the other bit of evidence as we await the translator?

Sure, proceed.

Most obliged. Let us now go to the averments and claims in the Notice of Motion. We begin by looking at issue No.1; illegally revoking the appointment of CPA Virginia Kawira.

Yes?

Yes.

That is one of the grounds that you want to move the Senate to impeach the Governor on.

Correct?

Yes.

How was this illegal? Why should the Governor be held accountable for this?

Thank you, Mr. Speaker, Sir, and hon. Senators. My first ground is on gross violation of the Constitution and other laws. I have accused the Governor of illegally revoking the appointment.

I beg your pardon. Mr. Speaker, Sir, the translator has come. Perhaps then we can deal with the first issues.

Very well, you may proceed to play the video.

Video No.2 in our bundle of videos, the County Assembly. That is the video in support of the Impeachment Motion.

Not that one. The folder appearing as videos in support of the Impeachment Motion.

Yes. You can interpret. The Interpreter

: Thank you very much, Mr. Speaker, Sir, and hon. Members. My name Muthengi Mpara from Kenya Broadcasting Corporation

(KBC)

, Mwago FM. We are here as translators. I am with my friend Dan.

According to the Mover of the Motion, Kawira Mwangaza has failed the Meru Community, now that she is not providing services to the community. That is the reason cows are dying. She says that even buying cows for people in the villages does not make sense because she cannot even vaccinate to prevent them from dying.

On the issue of doctors---

What is your issue, Sen. Crystal Asige?

Mr. Speaker, Sir, since Meru County Assembly has brought the impeachment Motion here for a third time, they should have known that there is a Senator with visual impairment.

What is happening is paraphrasing of the video clip and not direct translation. The video has been played for almost two minutes, but the translator has paraphrased it for about 15 or 20 seconds. It means it is not a direct translation but paraphrasing.

To me, that is unacceptable. Everyone else can see every single word. I feel that the translator should do a better job. Otherwise, we should bring somebody else who can translate verbatim.

I thank you.

Counsel for the County Assembly, I thought that as the video was running, the translator was taking notes, so that they can translate verbatim? We will replay that video one sentence at a time, so that it becomes a true rendition of what is said in that vernacular.

Secretariat, I do not know of the available technology. I have witnessed a tendency where you pause and it disappears altogether. Are we able to pause after one sentence to take a translation, then proceed, or is it that if we pause, the video disappears altogether like I have just witnessed?

The Interpreter

:The translation for that is that a cow producing 20 litres of milk costs Kshs200,000.

Which translates closely to Kshs4 million that Meru farmers are losing.

Those ones are from the Chairman of Oruko Dairy who has explained the loss that dairy farmers have incurred. He goes ahead to add the grievances.

Those grievances are from the farmers because many dairy farmers there are incurring many losses.

ZK continues to say that in---

Keep playing the video.

Let us stop at that. Would you put context to that video?

Thank you, Hon. Speaker, Sir and Members. I have said that it was a call from the farmers. Having worked as a teacher in that village, those farmers expressed their frustrations to me. That is what I was addressing.

Hon. Speaker, Sir, I have mentioned an issue of cows that succumbed to a disease outbreak. When the farmers sought help from the offices, they did not get any.

As someone who was close to them, I took an initiative and called the Director of Livestock and Veterinary Services, who was my former colleague at the county government. When I asked him why there was an outbreak that had not been attended to, he told me that he had just been transferred from the office and taken to Kaguru.

I would like this House to note that the Director is the substantive Director for Livestock Development and Veterinary Services in Meru County, but he was displaced for no good reason, yet cows are dying in Meru County. That was my great concern.

So, at the end of the video, that is where I am saying, because the government is not sensitive to the cry of the people of Meru County, even if it means taking the Governor several times for impeachment, we shall do it because we cannot let the people of Meru County suffer. The Constitution of Kenya is clear that it does not matter how many times somebody violates the Constitution, the remedies should be sought.

Thank you. Is that one of the pieces of evidence of the breakdown of delivery of services in Meru County?

Yes.

Let us go to Ground No.1. Hon. Senators, I will be referring largely to volume II of the bundle of documents - Exhibits in Support of the Impeachment - when delivering this ground.

It is a volume that appears in this colour. Kindly, Hon. Senators, turn with me to page one of the said bundle. You have alleged, and you want the Governor to be removed from office for illegally revoking the appointment of Virginia Kawira.

Yes.

Who was Virginia Kawira?

Virginia Kawira is the current County Secretary/Chief Executive Officer (CEO) of the Public Service Board, Meru County.

Why are you saying that there was an illegal revocation?

The Governor of Meru County, through a letter dated 8th March, 2024---

Hon. Senators, the letter appears at page one of that Volume. Proceed.

The Governor of Meru County, through a letter dated 8th March, 2024, wrote to the Secretary of the County Public Service Board. The reference of the letter is-

Revocation of your Appointment as the Secretary/CEO, Meru County Public Service Board.

Why are you calling it illegal revocation? Was the right procedure followed in the revocation of the appointment?

I call it an illegal revocation because the appointment of the CEO of the Public Service Board can only be revoked with a vote of not less than 75 per cent of all the Members of the Meru County Assembly.

Was this process subjected to the County Assembly?

No.

Hon. Senators, kindly refer with me to volume III. It is a green bundle that appears like this. Please, turn with me to page 51.

It is a bundle that contains the laws applicable. In this case, we will be relying on section 58 (5) . That is page 51 of this bundle, volume III. What does that provision say?

Provision No.5 of the County Government Act says- “The Members of the Board may be removed from office-

Is that, therefore, the violation that the County Assembly is aggrieved of?

Yes.

Was the Constitution under Article 251 followed in her removal?

No.

Hon. Senators, 251 is at page 28 of the same bundle. Did Governor Kawira follow the provisions of Article 251 of the Constitution?

No.

Does that, therefore, amount to a violation of the Constitution and any other written law?

Yes.

Were the grounds under Article 251 met?

No, they were not met.

Have you seen the Governor's evidence and response indicating that she revoked her appointment pursuant to an advisory by her legal advisor?

Yes.

Does an advisory by a legal advisor supersede the provisions of the law?

No.

Have you made an application before the Senate this morning to summon the said legal advisor?

Yes.

Is it your testimony that the documents that we raised in the morning amount to a forgery?

Yes.

Have you called a witness to testify to that effect through the summoning by the Senate?

Yes.

Did the County Assembly take any action in that respect?

The County Assembly has taken the action of charging the Governor or putting her to task because of this illegal revocation. I remember we came here again with the same issues.

What were the reasons contained in the said letter? What were the reasons for her revocation?

The reasons for the revocation are that the Secretary/CEO did not seek the leave of absence through the right process, and again, the reasons---

Yes, are you referring to page one of the said volume?

I am sorry for that mishap. I am noting that the reason for the Governor revoking this appointment is found on page 1 of Vol 2.

In summary, please.

In summary, it says that the officer did not--- Let me read the second paragraph on page 1 of Vol.2- “It has now been brought to my attention that apparently you did not relinquish your position in the County Public Service before assuming this role in your appointment. The County Government Act expressly disqualifies State officers and public officers from the positions created under Section 58 (1) of the Act. Being a public officer, you are thus disqualified from the position of the Secretary to the Board.”

Were there other subsequent advisories from any other constitutional organ in that respect?

Yes.

Do you have that evidence before the Senate? If yes, lead us to the page.

Mr. Speaker, Sir, it is on page 2of Vol.2.

Would you kindly identify that letter?

The advisory on revocation of the appointment for Ms. Virginia Kawira Miriti.

From whom is it?

It is from the Chairman of the Meru County Public Service Board.

Who is the recipient or the addressee of that letter?

Her Excellency, Hon. Bishop Kawira Mwangaza, the Governor of Meru County.

When is it dated?

It is dated 12th March, 2024.

What is the advisory in conclusion?

Mr. Speaker, Sir, Page three of Vol.2, the last paragraph states-

“In conclusion, it is the Board's considered opinion that your letter dated 8th March, 2024 to Ms. Virginia Kawira Miriti, revoking her appointment as the Secretary/CEO of the Meru County Public Service Board is not legally binding as the officer is duly appointed as per the existing laws.”

Thank you. Did the Governor respond to that letter?

Yes.

Do you have evidence before the Senate? If yes, kindly lead us to the same.

On Page four of Vol.2, the Governor writes back.

Who is writing back?

The Governor writes back.

When is the date of the letter?

12th March, 2024.

Who is Mr. Julius Kayenga Mwitu?

Mr. Julius Kayenga is the Chairman of Meru County Public Service Board.

Is he the recipient of that letter?

Yes.

Who is the author of the letter?

The author of the letter on page six of the same bundle that is Vol.2 is Her Excellency Bishop Kawira Mwangaza, Governor of Meru County.

Would you kindly read the conclusion?

Mr. Speaker, Sir, on Page five of the same volume, the last paragraph states-

“In conclusion, Ms. Virginia Kawira Miriti failed to resign as a public officer before taking the position of the Secretary of the County Public Service Board, despite promising, the appointment amounts to an illegality and as such, I have revoked the same to cure and correct this irregularity.”

Between the Governor and the County Assembly, who was supposed to make a finding of whether the process was illegal or not?

The County Assembly.

Thank you. Do you have any other advisory in that respect? If yes, kindly read us the page that contains the same.

Yes, there was another advisory on the same.

From whom? Hon. Zipporah Kinya: From the Public Service Commission.

When is it dated?

16th February, 2023.

Who is addressed on that letter?

The letter is addressed to the then acting Chief Officer, Department of Legal Affairs, Public Service and Management, County Government of Meru.

What is the content of the letter?

Advisory on Leave of Absence for serving County Public Officers wishing to take contracts as County Chief Officers.

What did the Commission say in respect to leave of absence? Is a person who is on leave of absence deemed to be holding two jobs at the same time?

No.

Would you kindly read the conclusion to that letter?

The conclusion on page eight of the same document, that is volume two, reads as follows-

“Please note that care must be taken to ensure that leave of absence is only granted for employees that take up contractual positions that are not within the staff establishment of the county. Leave of absence may be therefore applicable to employees appointed to positions of the County Secretary, Members of the County Executive Committee, Chief Officer, personal staff of the Governor, and Members of the County Public Service Board and the County Assembly Service Board, or other contractual appointments in other bodies outside the County Public Service to which an officer cannot be seconded or transferred.”

So is it your evidence, therefore, that they said Virginia had qualified for leave of absence?

Yes.

What circumstances is she holding the current position? Is she permanent and pensionable or she is on contractual basis?

Virginia Kawira is on a contract of six years as required by the law.

Have you lined her up as a witness before this assembly?

Yes.

Do you have evidence that the Governor never heeded to that advice, yes?

Yes.

What did she do therein after?

The aggrieved person, that is Virginia Kawira Miriti, went to court and she is in the office, courtesy of a court order.

Do you have that evidence before the Senate?

Yes, it is on page nine.

Is that a copy of the court order?

Yes.

Do you have the court pleadings before the Senate to prove your case?

Yes.

Would you wish to tender them as evidence before this Senate?

Yes.

In summary, in respect to that particular ground, was the revocation lawful?

Mr. Speaker, Sir, it was not.

Did it violate the Constitution?

It violated the Constitution.

Did it violate Section 58 (4) and (5) and Section 59 (a) of the County Governments Act?

Yes.

Did it violate Article 251 of the Constitution?

Yes.

Is that a ground under Article 181 and Section 33 of the removal of a Governor?

Yes.

Thank you. Let us go to the next point. Failing to appoint the chairpersons of Meru County Revenue Board and Meru Microfinance. Before we go to that, has this revocation of CPA Virginia Kawira affected service delivery in Meru County?

Yes.

In which way has it affected service delivery?

Mr. Speaker, Sir, it has affected service delivery in Meru County because the County Executive has really, in many times, usurped the powers of the Meru County Public Service Board and because of that, then the Meru County Public Service is not running well.

Thank you. Does this conduct of the Governor promote confidence in her office?

No.

Does it promote good governance?

No.

Does she exhibit accountability to the people of Meru County?

No. Mr. Ndegwa Njiru: Does she respect the sovereignty of the people when she goes on and ignores the performance of the County Assembly? Does she uphold the sovereignty of the people as enshrined in Article one of the Constitution?

No.

Does it violate the provisions of Article 73 of the Constitution under the Leadership and Integrity Act?

Yes.

Thank you. Let us proceed to issue number two. You say that she must be removed from office and you crave this Senate to do so, for having failed to appoint the chairpersons of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board and Meru County Investment and Development Corporations as required by the law, thus failing to operationalize the said boards and or illegally appointing the chairperson. Yes?

Yes.

Why do you want her to be removed from office on that basis? How has she failed to appoint the chairperson of Meru County Revenue Board?

The Governor has failed to appoint the Chairperson of the Meru County Revenue Board because after the expiry of the terms of office of these boards, they have had no board chairman. I believe the board members because we have not seen any board member gazetted after the expiry of the other board members.

Therefore, by not appointing the board members who are the ones supposed to supervise and also ensure accountability in these boards, this means that the secretariats of these boards have continued to expend public funds without authority and this is an action that may be subject to abuse. I believe when the board is not constitutionally constituted, it amounts to abuse of office and a violation of the statutes that govern that institution.

Who was responsible for appointing the chairpersons of these boards?

The Governor.

Is there any Act of Parliament or Act of the County Government of Meru indicating so or giving her the power to do so?

Yes.

Would you kindly read us to that provision before the Senate?

Just a moment.

As you proceed to indicate to us, how has this affected the delivery and the performance of the County Government of Meru?

I have said it has affected the development and performance of the County Government of Meru because in the budget, these boards are allocated millions of money. These are public funds that should be spent prudently with a lot of accountability and supervision.

Additionally, these boards are the ones that approve expenditures for these bodies. The board is the one that approves expenditures for the boards. It means without a board, there is no approval of expenditure and accountability.

Can the board secretariat undertake that function in the absence of the chairman?

The secretariat has no mandate from the county laws and statutes to undertake any spending without the approval of the board.

Can you kindly lead the Senate to the law that says it is only the Governor who can appoint the chairpersons?

The Meru County Revenue Board Act section six talks about the composition of the board and Section 6 (1) (a) talks about –

“The board shall consist of-

Who are the other members?

The other members of the board are-

So, according to that provision of the Act, it is only the chairman who is an outsider from the existing systems of the county government, yes?

No.

Who else is a member?

There are two others members I have just read.

Is that meant to enhance accountability in the boards?

It is meant to enhance the accountability in the boards.

In the absentia, can the accountability be enhanced or upheld?

It cannot.

Can the Secretariat expend monies allocated to the board in the absentia of the chairperson?

No.

Has these boards been expending money?

Yes.

Do you have evidence before the Senate?

Yes.

Kindly lead us to that provision where the evidence is found.

It is in another volume.

Hon. Senators, kindly go with me to volume two at page

Yes.

It is Meru County Microfinance Corporation, correct?

The next column speaks about approved budget allocated for the year 2023/2024. Yes?

Yes.

How much was allocated?

The allocation for the financial year is Kshs76,155,481.

The next column speaks about exchequer issues, yes?

Yes.

How much is the exchequer?

Kshs51,911,631.

Then the next column speaks about actual expenditure, correct?

Yes.

How much has been expended?

Kshs63, 201,198.

The next column speaks about submission of financial statements as at 31st March 2024, yes?

Yes.

What is the status?

Yes.

What does that mean?

It means they were submitted.

So, during the incurring of this expenditure, was the board fully constituted?

No.

How much was expended in the current status of the board?

The actual expenditure for the period in question is Kshs63, 201,198 in the absence of a legally constituted board.

What evidence do you have that at the time of the expenditures the board had not been fully constituted?

Hon. Senators, kindly go with me to page 51 of the same bundle. Would you kindly identify that document for hon. Senators to understand?

Yes. On page 51 of volume two, we have a Kenya Gazette.

Yes. When is it dated?

It is dated 14th June, 2019.

What is the Kenya Gazette number?

The Kenya Gazette number is 5202.

Yes.

The Minority Leader, what is your intervention? The Senate Minority Leader (Sen. Madzayo) : Can the Counsel go slowly? We are trying to catch up with these volumes as he keeps on leading the witness. We are also recording.

Counsel, if you refer to a page, allow the Senators to get to that page before you flip to another page. Otherwise, you will lose them along the way.

Kindly, proceed.

Can the Counsel go slowly? We are trying to catch up with these volumes as he keeps on leading the witness. We are also recording.

Counsel, if you refer to a page, allow the Senators to get to that page before you flip to another page. Otherwise, you will lose them along the way.

Kindly, proceed.

You have done slightly over one hour. So, just be guided on the time.

You have done slightly over one hour. So, just be guided on the time.

Let us go to page 48 of the same bundle. Madam witness, what is reflected in that page?

On page 48, we have another---

It is a gazettement. Is that correct?

It is a gazette notice.

Who is being gazetted?

We have a number of gazette notices.

Can you see Gazette No.5200?

Yes, Mr. Speaker, Sir.

Let us deal with that first.

Gazette Notice No.5200 is the Meru County Investment and Development Corporation Act, and the gazetted Chairperson is Felicity Biriri.

When is it dated?

It is dated 13th November, 2017.

For how long was the period of the chairperson supposed to run?

It was supposed to run for a period of---

From the Act, when was it supposed to run?

It is not clear from this Gazette Notice, Mr. Speaker, Sir.

When was the term of service supposed to expire?

In three years.

It is three years with a renewable term. Is that correct?

Yes, Mr. Speaker, Sir.

So, was the term of the persons appearing on that page ever renewed?

No, Mr. Speaker, Sir.

Look at page 55. What happened to that Chairperson?

On page 55, the Chairperson resigned in 2022 to vie for the position of Women Representative.

Do you have evidence of the resignation?

Yes, it is on page 55.

Was the position ever filled pursuant to the resignation?

No, Mr. Speaker, Sir.

What is the status of that chairmanship?

It is still vacant.

Were they expending all these amounts while the position is vacant in the evidence that you gave us at page 383?

Yes, Mr. Speaker, Sir.

Let us go to the next gazettement at page 49. Can you see the Gazette Notice No.5202?

You can see that it relates to the Meru County Revenue Board. Is that correct?

Hon. Zipporah Kinya: Yes, Mr. Speaker, Sir.

You can see that it relates to the Meru County Revenue Board. Is that correct?

Hon. Zipporah Kinya: Yes, Mr. Speaker, Sir.

You can read that the gazettement was done to run for a period of three years. Is that correct?

Yes, Mr. Speaker, Sir.

You can read that the appointment was done pursuant to Section 4, sub-section (1) of the Meru County Government Revenue Board? Is that correct?

Yes, Mr. Speaker, Sir.

Who was being gazetted?

The Chairman, Meru County Revenue Board.

He was gazetted on the 14th December, 2027. Is that correct?

It is 14th December, 2017.

When was his term supposed to expire? Upon the expiry, was it ever extended?

No, Mr. Speaker, Sir.

Look at page 52. Are you with me at page 52?

Yes, Mr. Speaker, Sir.

Have you seen another subsequent Gazette Notice No.538, which is being gazetted by the then governor, Hon. Kiraitu Murungi?

Yes, Mr. Speaker, Sir.

Whose term is being extended?

When was it supposed to expire? From which date was it gazetted?

In the year 2020.

How long was it supposed to run again?

For three years.

When then was it supposed to expire?

In 2023.

Which month?

November, 2023.

Did that month fall due?

Yes, Mr. Speaker, Sir.

Was there an appointment?

No, Mr. Speaker, Sir.

Let us go back again to page 383 where we have that table. Kindly, let us go to paragraph four. Again, we repeat what we did. That is the Meru County Revenue Board. Is that correct?

Yes, Mr. Speaker, Sir.

The allocation was Kshs359,932,000. Is that correct?

Yes, Mr. Speaker, Sir.

Yes, Mr. Speaker, Sir.

Yes, Mr. Speaker, Sir.

Was the actual expenditure Kshs212,000,000? Hon. Zipporah Kinya: Yes, Mr. Speaker, Sir.

Kindly, confirm whether or not that expenditure was done in the absence of the chair?

Yes, Mr. Speaker, Sir.

Why is it important to have a chair of the board?

A chair of a board is the one who presides over all the board meetings. The board approves expenditures for these semi-autonomous Government agencies of Meru County Government.

So, it is your testimony, therefore, that the expenditures were done without the approval of the board?

Yes, Mr. Speaker, Sir.

Who was supposed to make sure that these boards were up and running?

The Governor.

Did she undertake that role and responsibility?

No, Mr. Speaker, Sir.

Is it your assessment that she therefore abdicated her duties?

Yes, Mr. Speaker, Sir.

Does that inspire confidence in her office?

No, Mr. Speaker, Sir.

Does it contribute to good governance?

No, Mr. Speaker, Sir.

Does it contribute to upholding the rule of law under Article 10?

No, Mr. Speaker, Sir.

Does it enhance accountability under Article 10 and the prudence use of public resources under Article 201 of the Constitution?

Hon. Zipporah Kinya: No, Mr. Speaker, Sir.

Does it therefore breathe confidence under Article 73 of the Constitution that she knows how to manage the affairs of the County Government of Meru.

No, Mr. Speaker, Sir.

Is it a ground that meets the impeachment under Article 181 of the Constitution as read together with Section 33 of the Constitution?

Yes, Mr. Speaker, Sir.

Is it your prayer, therefore, that the Senate should uphold and consider this ground as fully substantiated?

Yes, Mr. Speaker, Sir.

Yes, Mr. Speaker, Sir.

Yes, Mr. Speaker, Sir.

Is there any person of any of these boards who has been appointed unlawfully? If yes, who has appointed that person?

There is one.

Do you have evidence before this Senate?

The Chairperson, Meru County Revenue Board.

Where is that evidence? Hon. Senators, again, refer to volume two at page 43 of that bundle. What is that document about?

It is the responsibility of the board to recruit on behalf of the board. On this page, we have a Meru County Revenue Board job advertisement for the position of Chief Officers (CO) .

Who is the originator of that advertisement?

The originator of the advertisement on page 46---

No, who is the author of this document? Is it Meru County Revenue Board?

Yes, it is Meru County Revenue Board.

Are they advertising for vacancies and positions of the Chief Executive Officers?

Yes, Mr. Speaker, Sir.

Are they therefore inviting the members of the public to participate in that process?

Yes, Mr. Speaker, Sir.

Who was to be the recipient of the application forms?

The Chairman, Board of Directors, Meru County Revenue Board.

Do you wish to refer the Hon. Senators to page 46 of your evidence?

Yes, Mr. Speaker, Sir.

What is contained in that page?

Mr. Speaker, Sir, those are instructions for the applicants; that suitable candidates are invited to apply and access the detailed job description from the website and all applications and documents should be sent through email or by post, courier, addressed and or hand delivered to the Chairman, Board of Directors, Meru County Revenue Board.

Which date are they supposed to have these applications reach the desk of the chairperson?

10th June, 2024.

Is there a chairperson currently holding that position?

None, Mr. Speaker, Sir.

The letter speaks that they must be forwarded to the chairperson. Who appointed this chairperson?

The Governor.

Did it follow the due process as prescribed by the law?

Was the County Assembly ever involved in the process of the appointment of the chairperson?

Was the County Assembly ever involved in the process of the appointment of the chairperson?

No.

Did you vet or approve that particular chairperson?

No.

Does that amount to a violation?

Yes, Mr. Speaker, Sir.

Hon. Senators, let us go to what the law says on the appointment and look at Vol. 3 of the same document, page 59. It is the Public Appointments

.

If you are with me, let us look at Section 4 of the said provision. Witness, read it out.

Section 4 on page 60 of the Public Appointments and County Assembly Approvals Act reads-

“Exercise of powers of appointment. An appointment under the Constitution or under any other law for which the approval of a county assembly is required shall not be made unless the appointment is approved by the relevant county assembly in accordance with this Act.”

Was there that approval?

There was none.

Is there an appointment?

Yes, Mr. Speaker, Sir.

Is that a violation?

Yes.

Has that met the provisions of Article 181 as read together with Section 33 of the County Governments Act?

Yes.

Does that breathe confidence in the manner in which the Governor executes her functions?

No.

Does it call for accountability under Article 10 that the county organs will be held accountable for their actions?

Yes.

Does it breathe confidence in the rule of law?

It does not.

Is it prudent utilization of public funds under Article 201 of the Constitution?

No.

You are saying this was gross violation of the Constitution. Kindly brief the House on the circumstances that pre-existed before these resolutions were met. Was there a public petition?

You are saying this was gross violation of the Constitution. Kindly brief the House on the circumstances that pre-existed before these resolutions were met. Was there a public petition?

Yes, there was Public Petition No.1.

Do you have this petition before the House and where do we find it in your bundle of documents?

It is in Vol.2.

Hon. Senators, let us look at page 206 of the bundle. Witness, speak to the evidence relating to that page.

On page 206, there is a petition that was brought by members of the public to the County Assembly for consideration.

What were the issues that the County Assembly was supposed to deliberate on?

The issues the public were raising emanated from the last impeachment where the Governor said, it was not me. For everything, it is not me. Members of the public said that if it is not you, then there is somebody else. Then they petitioned the County Assembly through this Petition on page 206 to investigate and take action against the ‘them’ because it was not the Governor.

How many Members proposed that Petition?

They were 1,611 members of Meru County from all the 45 wards and they brought this Petition to the County Assembly.

Did they append their signatures to that Petition in support of the same?

Yes.

Do we find that evidence from Vol. 2, page 214 - 258?

Yes.

Those are the signatures in support of that Petition. Did the County Assembly consider that Petition? If yes, what was the outcome?

Yes, Mr. Speaker, Sir. A joint committee of the Committee on Labour and Justice was directed to consider this Petition and upon consideration, the Committee made recommendations to the Governor.

Did the County Assembly generate a report emanating from that Petition? Where is the report found in your bundle of documents?

Yes. The report is in page 90 of Vol. 2.

Hon. Senators, I hope you are there with me at page 90 of Vol. 2. That is the report of the concerned Committee. Were there recommendations that ensured therefrom? Where do we find those recommendations?

Yes, the recommendations are on page 140 of Vol. 2.

Did you conduct a hearing or did you give these individuals a fair opportunity to appear before the Committee before the decision was rendered?

Yes.

They all participated except the Chief of Staff, Mr. Harrison Gatobu alias Nchamba Mbithi, who did not respond to the summons.

They all participated except the Chief of Staff, Mr. Harrison Gatobu alias Nchamba Mbithi, who did not respond to the summons.

Did the Petition relate to only those two individuals or there were other individuals who were also involved in that Petition?

They were 12 of them.

All of them were in the executive office of the Governor?

Yes.

Were all verdicts positive or negative concerning all the 12?

Some verdicts were positive and others were negative.

When you say they were positive, what do you mean?

Some of the County Executive Committee Members (CECMs) were very clean. We did not find any issue with them.

They were acquitted, correct?

Yes.

So, on page 140, Paragraph 14, what is the County Assembly recommending?

In paragraph 14 on page 40, the County Assembly found that the Chief of Staff, Alison Gatobu alias Njamba Mbithi contravened Section 18 (1) as read together with Sections 22 and 27 of the County Assembly Powers and Privileges Act 2017, by failing to honour the summons and invitations to appear before the various Assembly committees, including this joint committee, to produce evidence and respond to the allegations levelled against him in this Petition.

Those are the findings, correct?

Yes.

Does he always oblige to summons or is he perpetually and notorious for ignoring the same?

He does not.

Kindly continue to read.

This wanton disregard for the law, summons and invitations by the respective committees of the County Assembly was not only in contravention of the aforesaid laws, but also acted to undermine the standing of the County Assembly as a whole.

Was this communication ever made known to the Governor?

Yes, it was made known to the Governor.

Where in your evidence are you recommending their removal?

On the same page 140, on committee recommendations. I would wish to read recommendation No.2 on page 140. It states that the Governor dismiss the County Secretary, Dr. Kiambi Atheru Thambura, and the Chief of Staff, Mr. Harrison Gatobu alias Njamba Mbithi, from office for gross violation of the Constitution and other statutory laws.

Was this communication ever made known to the Governor?

Where do we find that evidence in your document?

Where do we find that evidence in your document?

Page 144 of the same document.

Let us describe that document. From whom is this document?

The document is from the County Assembly of Meru.

When is it dated?

It is dated 14th December, 2023.

Who is the author of the document?

The author of the document is the Clerk of the County Assembly of Meru.

Was the document ever served upon the intended recipients?

Yes.

Do you have evidence of service?

Yes.

Where is evidence of service found in that document? Hon. Zipporah Kinya: Page 145.

No, I am asking of what is on page 144. Did the Governor or the Office of the Governor acknowledge receipt of that letter?

Yes.

How did they acknowledge receipt? Hon. Zipporah Kinya: The office of the Chief of Staff acknowledged receipt on 18th December, 2023.

How did they acknowledge it? Hon. Zipporah Kinya: By stamping the document on 18th December, 2023.

So that means the Governor was made aware of that particular reservation. Correct?

Yes.

Did she act upon it?

No.

Does that, therefore, amount to upholding the rule of law and Article 10 of the Constitution?

No.

Does it contribute to good governance?

No.

Does it contribute to respecting other constitutional institutions as the status of the County Assembly?

No.

Does it amount to a governor who wants to be held accountable and responsible?

No.

Does it undermine the integrity and the power of the County Assembly?

Does it, therefore, equally amount to violating Article 1 of the Constitution on the sovereignty of the people?

Does it, therefore, equally amount to violating Article 1 of the Constitution on the sovereignty of the people?

Yes.

Is that an impeachable ground under Article 181 of the Constitution as read together with Section 33 of the Constitution?

Yes.

Have you, therefore, substantiated your case against the Governor in respect to this particular allegation?

Yes.

How has their continuous calling of office compromised service delivery in Meru County?

It has seriously compromised service delivery because all the illegal appointments made by the County Government of Meru are made by the County Secretary, including appointing very junior officers to very senior positions. This has seriously compromised service delivery in Meru County. A good instance is like the one I talked about in the video where an officer in Job Group M supervises officers in Job Group R.

A moment, please. The Hon. Senators are taking note of that particular evidence. Is it your evidence that they have compromised service delivery?

Yes.

Do you have evidence to show how that has been compromised in the county?

Yes.

Where is that evidence? As you look at the evidence, how has that been manifested? Identify the volume and the page..

On volume two, we have the document on Page 198. However, in the bundle of documents, the page is not clear. As such, we made a clear copy which is on volume six. There is a replacement of this document on volume two, page 198.

Yes, Hon. Senators. Let us go to volume two.

Volume two is not clear, so I am talking now of volume six. We made a clearer copy.

Volume six is a replica of what we find on Page 198. Hon. Senators, if you could go with me to Page 31 of volume six, which is a replica of the same evidence?

On this page, I sought a Statement from the County Government in June, 2023, on the deployment of directors in the County Government of Meru. The Statement was never responded to.

To whom did you seek the Statement?

I would want to take you to the column on Serial No.8. This is the list of directors in Meru County. You will find that an officer by the name of Kabwae Munene Eric---

I would want to take you to the column on Serial No.8. This is the list of directors in Meru County. You will find that an officer by the name of Kabwae Munene Eric---

Name in terms of the numbers.

No.8.

Where we have the identification number, correct?

Yes.

We have the identification number. Correct?

Yes, Mr. Speaker, Sir.

That one is lacking. Yes?

The name is Mr. Kabuayi Munene Eric.

A male in Job Group J?

Mr. Speaker, Sir, Job Group J has been deployed illegally by the County Secretary to act as the Director, Information Communication Technology (ICT) . Hon. Members, for those who have experience in public service, they will bear me witness that an officer in Job Group J is a very junior officer to supervise officers in Job group P, Q and R---

Thank you. That is delivered.

Those are the illegal appointments we are accusing the County Secretary of--

Thank you, madam witness---

Among others on that list, hon. Members.

Could you kindly point out others that amount to that violation?

Yes, Mr. Speaker, Sir. Let us go down to Serial No.24. We have another officer by the name of Ms. Karaine Susan Gitura. A female in Job Group L. Job group L is still a very junior group which cannot be appointed---

Kindly wait a moment witness.

Pardon me.

Kindly listen to me so that we can move together. What department is she being appointed to?

Mr. Speaker, Sir, roads department.

Which position?

Director, Mr. Speaker, Sir.

Which job group?

The substantive appointment is Job Group R.

Ordinarily it should be Job Group R. Who is being appointed here and what Job Group is she in?

Hon. Zipporah Kinya: Ms. Karaine Susan Gitura is being appointed to Job Group R yet she is in Job Group L.

What is the status of the roads and transport network in Meru County as we speak?

Mr. Speaker, Sir, it is very bad.

Is there a hue and cry?

Thank you. Is there any other entry that you wish the Senators to look at? Perhaps serial No. 25.

Thank you. Is there any other entry that you wish the Senators to look at? Perhaps serial No. 25.

Mr. Speaker, Sir, Serial No. 25.

Who is being appointed?

Mr. Speaker, Sir, Mr. Maraine Cyprian. A male in Job Group L, Director Roads and transport in charge of fleet management.

He is being appointed to oversee the roads, transport and energy sector. Correct?

Yes, Mr. Speaker, Sir.

This is the Director of Fleet Management. Correct?

Yes, Mr. Speaker, Sir.

Does he qualify for that appointment?

Mr. Speaker, Sir, he does not qualify.

Kindly confirm that this is a list of directors that you received pursuant to your search for information, and that the same came from the County Executive.

Mr. Speaker, Sir, I can confirm that.

On page 32, do you have any other indication that you would wish the Senators to note?

Counsel for the County Assembly kindly pause a bit. Sen. (Dr.) Khalwale, what is your intervention?

Thank you, Mr. Speaker, Sir. I was following page 31. I would like further clarity because the four officers whom the Madam has referred to do not have payroll numbers.

You will have that opportunity Senator.

Could they tell me so that I know whether they are real or not?

Not now. She will tell you, but not now. You will have an opportunity to seek those clarifications. At that time, you will be given your clarification.

Proceed, Counsel for the County Assembly.

Thank you, Mr. Speaker, Sir. Madam witness, kindly refer to page 30 of the said document. That is the letter dated the 25th June, 2024. Correct?

Yes, Mr. Speaker, Sir.

The letter is addressed to the Clerk of Meru County Assembly. Correct?

Yes, Mr. Speaker, Sir.

The same comes from Dickson Munene Nkanata. Correct?

Yes, Mr. Speaker, Sir.

Who is Dickson Munene?

Mr. Speaker, Sir, he is the County Executive Committee Member (CECM) for Legal Affairs.

Yes, Mr. Speaker, Sir.

Yes, Mr. Speaker, Sir.

The same was received by the Clerk of the County Assembly on the 25th June, 2024.

Yes, Mr. Speaker, Sir.

Hon. Sen. (Dr.) Khalwale wanted you to confirm whether there are payroll numbers indicated there too.

Mr. Speaker, Sir, I can confirm that there is no payroll number that is indicated there. I may not know the reason because that is an official document from the county government.

However, you have evidence before this Assembly that they have maintained two types of payrolls, correct? Both manual and---

Yes, Mr. Speaker, Sir. Manual and Integrated Payroll and Personnel Database (IPPD) .

Do you have evidence to that effect that you shall be yielding in the future?

Yes, Mr. Speaker, Sir.

Before I yield you to my learned friend, I will only ask you one question about grounds No.6. You are accusing the Governor of deliberately and knowingly misleading the public. However, before we go to that, do you have evidence before this Assembly where service delivery has been compromised? Do you have a video indicating how service delivery has been compromised?

Yes, Mr. Speaker, Sir.

Would you wish to play video No. 11?

Can the interpreter come in? I direct that the interpreter be brought in to.

(The interpreter was ushered into the Chamber The interpreter is here. You may proceed to play the video.

The Interpreter

: Thank you, Madam Temporary Speaker and Hon. Members. These are residents of Kiguchwa Ward. Pardon me. Once again, my

name is Muthengi Mpara. I am from Kenya Broadcasting Channel (KBC), Mwago FM, the translator.

name is Muthengi Mpara. I am from Kenya Broadcasting Channel (KBC), Mwago FM, the translator.

We are waiting for the doctor to come so that he can confirm whether the child is okay or not.

We are waiting for the doctor to come so that he can confirm whether the child is okay or not.

The watchman is insulting by calling those of us who went to seek for services as prostitutes.

We can stop at that. Thank you. Madam witness?

Yes.

What is the status of service delivery in Meru County in respect to that hospital? Are you aware of that hospital?

Yes, I am aware of that hospital. It is in Tigania East.

Counsel, just to alert you that you have done two hours now.

Madam Temporary Speaker, we are just about to conclude. Is that the current status of hospitals?

Yes.

Did the Governor offer any explanation or apology?

No.

Did the Governor take any disciplinary action to make sure that the hospital is up and running?

I am not aware of any.

Let us look at Ground No.6 on page 10 of the Motion. What are you charging the Governor with?

Hon. Senators, these are grounds of impeachment in Volume 1.

Yes.

What are you charging the Governor with?

Count No.2 is Gross Misconduct.

Briefly, how has the Governor misconducted herself in this respect?

The Governor has engaged in gross misconduct by deliberately and knowingly misleading the public. She gave false information that Kshs86

million had been raised through Paybill No.247247 and Account No.0400163917899, established after the murder of Daniel Muthiani, alias Sniper, thus violating the moral and ethical requirements expected of State officers contrary to Section 19---

That is okay. What did the Governor say in respect to this amount of money and what is the actual fact?

In a video that I would wish is played, the Governor---

It is okay. What did she say?

She claimed that the people of Meru, including MCAs, contributed a total of Kshs86 million after the death of the blogger from Meru known as Daniel Muthiani, alias Sniper.

According to the bank statement in volume two, from page 277 to the last page which is 330. The correct position is that a total of Kshs286,518 was contributed by members of the public.

According to the bank statement in volume two, from page 277 to the last page which is 330. The correct position is that a total of Kshs286,518 was contributed by members of the public.

What is the evidence appearing on page 277? Those are bank statements, correct?

These are bank statements.

Who is the account holder?

The account holder is Irene Kawira Kamenchu.

Why is she operating this account?

She is the widow to the deceased.

Therefore, she was in charge of operating this account, correct?

Yes.

Have you ever had an opportunity to interact with the said Hyrene Kawira Kamenchu?

I interacted with her when she called me. She called me when heard me mention the case of Ksh86 million, the day that I read a notice of motion.

Yes

She told me that she got interested in this issue because I touched on an issue that was affecting her directly.

Are you calling her as a witness in this case?

Yes.

What is your grievance in respect to these particular utterances and who uttered them?

These utterances were meant to mislead the public.

Who uttered them?

The Governor of Meru County, Kawira Mwangaza. She uttered the utterances in a press briefing.

Yes. What else did she say in that press briefing?

In that press briefing, the Governor said that a total of Kshs86 million was raised in respect to the contributions towards the --- The widow should be bought a prado, a mansion should be built for her and an education fund be established out of the Kshs86 million. Then she alleged that--- --- it is a business that the Members of County Assembly (MCAs) are used to get fuel for their vehicles. It is an avenue for playing politics. I believe those words were not kind.

What did she say in respect to the death of Mr. Sniper?

What did she say in respect to the Sniper's wife?

What did she say in respect to the Sniper's wife?

I pray that the video is played because I cannot remember everything off head.

Okay, let us have that video played.

Let us have the video played. I have just given a few highlights.

No, we will call the other witness to have it played. However, did she make any remarks in respect to Sniper's wife?

Yes. She talked about the Sniper's wife being built a mansion.

In respect to her being or living with a ---

Oh, sorry. I forgot that. She also alleged that Sniper’s wife had already been taken by one of the MCAs and was living with him. Well, it was meant to undermine the integrity of the MCAs.

Thank you, Madam Witness. I yield you to my learned friend, Mr. Boniface Mawira, to take you through the last count.

Good afternoon, Madam Witness. Mr. Speaker, Sir, I will pick up from where my learned senior has left. On this count number two - Gross misconduct. These utterances --- You have a witness in respect to that allegation, correct?

Yes.

A video for that witness will be played then. Yes?

Yes.

So, does this conduct that you say is gross misconduct by the Governor fall below the expectations of the conduct of state officers under Article 75 of the Constitution?

Yes.

Specifically, does it demean the office that the Governor holds?

Yes.

Does it demonstrate respect for the people?

It does not demonstrate respect.

Does it bring honour and dignity to her office?

No.

That is abuse of office. Volume I of our impeachment Motion, a green copy. Specifically, count No.3, ground No.8. You accused the Governor of irregular payment of emergency call allowances to 161 doctors and medical officers using the wrong rates. Correct?

That is abuse of office. Volume I of our impeachment Motion, a green copy. Specifically, count No.3, ground No.8. You accused the Governor of irregular payment of emergency call allowances to 161 doctors and medical officers using the wrong rates. Correct?

Yes.

The Governor in her opening statement stated that there are circulars to that effect and that it was pursuant to a Collective Bargaining Agreement (CBA) between the Council of Governors (CoG) and the Kenya Medical Practitioners and Dentist Union (KMPDU) . Correct?

Yes.

So, on page No.331 of our Volume II, that is, the exhibit in support of the impeachment Motion, what document is there?

The report of Auditor-General on the County Executive of Meru for the financial year ended 30th June, 2023.

The Governor in her response says that the County Assembly has not considered this report. My question to you is, has this report been committed to a committee of the Assembly?

I am a member of the committee and I am not aware.

Okay. Would consideration of this report by the Assembly change the conclusions that were made by the Auditor General?

No.

Is the County Assembly an appellate chamber for the conclusions that were drawn by the Auditor General?

No.

So, the consideration by the County Assembly would not in any way change the conclusions that were made by the Auditor-General, correct?

Yes.

Turn with me to page 344 of our volume two, still in that report. That is Irregular Payment of Allowances to Doctors.

Yes.

I want you to read the second paragraph, that is point No.7, right?

Yes.

Read the second paragraph from “Although Management---"

It says- “Although the Management provided a circular reference to MOH/ADM/CONF/STAFF/76/Vol.1/19, dated 18th April, 2017, which was issued after negotiation with the striking health workers and was one of the issues contained in the return-to-work formula agreed between the Ministry of Health and the unions of the medical practitioners, it was only valid for four years from the date of the circular which had expired.”

Yes.

Yes.

What conclusion did the Auditor-General arrive at? That is contained in the next paragraph.

Hon. Zipporah Kinya: It reads as follows- “Had the correct rates being applied, doctors and medical officers were entitled to Kshs51,780,000 instead of the Kshs126,120,000 paid resulting to an irregular payment of Kshs74,340,000.”

So, the Auditor-General confirms that there was an irregular payment of Kshs74 million?

Yes.

What conclusion does the Auditor-General make?

I will take you back to the first page of that document.

The report begins on page 331 of our Volume II - The exhibits in support of the Impeachment Motion.

On page 336 (2) , at No.2: Key Entity Information and Management, in the background information who is the first person in that list?

The first person on that list on the County Executive's day-to-day management is under the following key organs.

No. 1. H. E. Bishop Kawira Mwangaza, the Governor of Meru County.

In the key management team, the person on top of that list is the Governor of Meru.

Yes.

Up there, in the background information, the first person still is the office of the governor.

Yes.

The major responsibility, you will agree with me, is coordination of the overall running of the county government.

Yes.

Okay. So, is this the management team that the Auditor-General concludes was in breach of the law?

Yes.

Would consideration by the County Assembly of this report change that conclusion?

No.

“In the circumstances, the management was in breach of regulations.”

“In the circumstances, the management was in breach of regulations.”

This is the management that is headed by the Governor?

Yes.

So, can the Governor say it was not her?

No.

Can the Governor say it is the County Executive Committee member (CECM) Finance?

No.

She is the head of the management team? The buck must stop at her door.

Yes.

I would like you to read what that Article 229 (6) of the Constitution says. What does it say?

Article 229 (6) of the Constitution says- “An audit report shall confirm whether or not public money has been applied lawfully or in an effective way.”

An audit report is the final authority on whether money has been spent lawfully, not, the County Assembly can change what that audit report says. Is that correct?

Yes.

Turn with me to page 377 of our Volume II, that is the Controller of Budget report for the first nine months, specifically, page 382 of that report. Are you there?

Yes.

Paragraph 26.7 on Expenditure on Employees' Compensation, the second paragraph. Let me read first so that you can agree with me, right?

“Further analysis indicates that personnel emolument (PE) costs, amounting to Kshs3.36 billion were processed through the Integrated Personnel and Payroll Database System, IPPD system, while Kshs102.94 million was processed through manual payroll. The manual payroll accounted for 3.1 per cent of the total personnel emolument cost.”

Is that correct?

Yes.

So, this is evidence again from the Controller of Budget (CoB) report for the first nine months of financial year 2023/2024, that monies have been paid through this payroll system?

Yes.

Madam witness, is the County Assembly on trial in these proceedings?

No.

No.

No.

Why do you say so?

I would say so because I am not sure whether the County Assembly does that.

Secondly, two wrongs do not make a right.

Okay. Is the defense of: “Even someone else has done it” available to the Governor? Is that defense available to her?

Sorry?

No.

No.

Does bringing evidence and we submit there is no such evidence, but assuming there is such evidence of wrongdoing by the County Assembly, would it excuse the Governor of her own wrongdoing?

No.

Turn with me to page KM 34, that is Volume I

It was prepared for the financial year 2020/2021.

Were you a member of the County Assembly then?

No.

Was the current government in place then?

No.

Was the Governor in office as Governor of Meru then?

No.

To the best of your knowledge in which office was the Governor serving in financial year 2020/2021?

Sorry?

In which office or capacity was the Governor serving in the year financial year 2020/2021?

She was serving as the Women Representative.

So, she was not the Governor?

She was not the Governor.

This report was not in respect to the Assembly which you serve?

Yes.

Are you a first-time member of the County Assembly?

On ground No.10 - Employment of a Bloated Workforce, it says: “It has contributed to an excessive wage bill.”

On ground No.10 - Employment of a Bloated Workforce, it says: “It has contributed to an excessive wage bill.”

Yes.

Are those the allegations?

Yes.

Turn with me to page 11 of our Motion still on ground No.10, that is page 11of our volume, draft number 10.The evidence of that is to be found in the Auditor-General report. I beg your pardon. It is to be found in---

Just a moment, Madam Temporary Speaker. How many staff do you say are employed in the office of the County Governor?

Madam Temporary Speaker, it is 111.

Have you said that it is 111 staff?

Yes.

Okay. Have you filed any evidence before this honourable House to show that this is a bloated workforce, indeed?

Yes.

Okay, where is that evidence?

Madam Temporary Speaker, it is on page 164 of Volume II.

Page 164 of Volume II. What is that document that is on page 164 of our Volume II of the County Assembly's Volume II? What is that evidence?

Madam Temporary Speaker, it is a list of appointed persons in the office of the governor and the appointment dates from August, 2022 to date.

Madam Temporary Speaker, the document from page 164 all the way to page 175, those are the staff in the office of the governor.

Yes.

In the interest of time, you will agree with me that there are 38 cleaners in the office of the governor.

Yes.

There are 17 information officers in the office of the governor?

Yes.

Is that a bloated workforce that you are talking about?

Yes.

In the document on page 172, how many staff were employed by the former Governor in his office?

Madam Temporary Speaker, the former Governor employed 45.

Okay, that is 45 staff. Which page of your exhibit in Volume II?

Okay. Have advisories been given by the Transition Authority (TA) , the Intergovernmental Relations Technical Committee (IGRTC) and by the SRC on the limitation as to the number of staff in the office of the governor?

Okay. Have advisories been given by the Transition Authority (TA) , the Intergovernmental Relations Technical Committee (IGRTC) and by the SRC on the limitation as to the number of staff in the office of the governor?

Yes.

Where is that evidence found in your exhibit?

Madam Temporary Speaker, it is on page 176 of Volume II.

That is an advisory by the IGRTC?

Yes.

On page 178; that is an advisory by the TA? Correct?

Yes.

On page 179, you will agree with me that some of the staff that listed there are the Political Advisor, Chief of Staff, and Personal Assistants on page 180?

Yes.

Okay. Madam Temporary Speaker, turn with me to page 353 of the County Assembly's Volume 2. I believe it is a pink copy.

Madam Witness, you have spoken about illegal appointments in the office of the governor, correct?

Yes.

You have spoken about how these illegal appointments, people serving in other job groups, through the impunity of these two officers serving under the office of the governor, has hampered service delivery in the County Government of Meru, correct?

Yes.

With respect to this bloated workforce on page 353, you say that the wage bill for the Meru County Government from the Financial Year 2022/2023 to Financial Year 2023/2024 has increased by Kshs500 million, correct?

Madam Temporary Speaker, I can make a correction. It is Financial Year 2020/2021, and it is on the extreme right; the previous year. Then, the next column is on Financial Year 2022/2023, when the Governor took over.

Thank you for that correction. So, in the Financial Year 2021/2022 and the Governor took in in the last quarter of that year.

She took over in the first quarter. The Governor took over in the first quarter.

The first quarter of which financial year?

The first quarter of Financial Year 2022/2023 in August.

So, when does the first quarter begin?

When does the first quarter of the financial year end?

When does the first quarter of the financial year end?

Are you asking the last financial year.

Which is the last date of the first quarter of a financial year?

The last date is the end of September. A quarter of the financial year is made up of three months.

Okay. So, this is the time when the Governor took over.

Yes.

Between the first quarter and the last quarter of the financial year 2022/2023, compensation of employees increased by Kshs500 million.

Yes.

What are the actual figures from financial year 2021/2022? I want you to read that to the actual figures.

During the Financial Year 2021/2022, it was Kshs496 million.

You can just leave it at that for in the interest of time.

Okay, it was Kshs4.4 billion.

By the end of the year?

By the end of the year, it was Kshs4.9 billion.

Is this what you are saying has been contributed to by this bloated workforce?

Yes and other appointments.

I will take you back to the short list that we have seen of the 111 personal staff. On page 164 of our Volume II, on the top of that page, it says:

“Appointed persons in the office of the governor and the appointment dates from August 2022 to date.” Correct?

Yes.

You will agree that these appointments were made when the governor came or took or assumed office and in the first quarter of that financial year?

Yes.

Okay. I will take you to the last allegation. Madam witness, this allegation of a bloated workforce, you are also saying that the wage bill of the county government exceeds the 35 per cent limit that is set by law?

Yes.

At what percentage does the recurrent expenditure and excessive wage bill stand according to page 11?

Thank you. The last allegation in your Motion is paying Mr. Kiambi Christus Manyara, a public communication officer in the office of the governor his full salary and benefits while in remand. Correct?

Thank you. The last allegation in your Motion is paying Mr. Kiambi Christus Manyara, a public communication officer in the office of the governor his full salary and benefits while in remand. Correct?

Yes.

What evidence do you have to show that this Mr. Kiambi Manyara a staffer in the office of the governor?

Yes, he is a staff in the office of the governor.

What evidence do you have?

Madam Temporary Speaker, I have his pay slip and I also have an appointment letter in volume six. You can check for an Appointment Letter in volume six.

Madam Temporary Speaker, we have a pay slip on page---

Page 146 of volume two.

Madam Speaker, turn with me to page 146 of Volume II. That is the pay slip for Christus Manyara Kiambi.

For which month, is that pay slip?

The pay slip is for the month of June, 2024.

Where is the other pay slip?

Madam Temporary Speaker, the other pay slip is on page

For which month?

For the month of April.

Page 393 is for which month?

Page 393 for the month of May.

Specifically, on page 169 of that document, beginning at page 164, who is the staffer listed as number 69 in the office of the governor?

Staff number 69 is Kiambi Christus Manyara, a Public Communications Officer II, recruited on 3rd October, 2023.

He is working in the office of the governor.

Yes.

Do you have any evidence that he was charged in court?

Yes.

What was he charged with? You say he was charged with murder.

Yes.

Whose murder was he charged with?

Kiambi Christus Manyara was charged with the murder of Daniel Muthiani alias Sniper.

What evidence do you have in that respect?

Madam Temporary Speaker, that is on page 429 of our Volume II on the pink document. Who is the fourth accused person in that charge sheet?

Madam Temporary Speaker, that is on page 429 of our Volume II on the pink document. Who is the fourth accused person in that charge sheet?

The fourth accused in the charge sheet is Christus Manyara charged with the murder of Daniel alias Sniper.

You say he was paid? We have seen the pay slips.

Yes.

From the charge sheet, when was he charged?

He was charged on 29th February, 2024.

You have information that he has been in remand?

He has been in remand.

Until what time?

To around May 2024.

Okay. You have his pay slip of March and immediately after 29th February. Was he paid in March?

Yes, he was paid in March.

He was paid in April, May and June?

Yes.

You say that he should not have been paid?

He should not have been paid.

Okay. You quote Section 42 of the Public Service Manual?

Yes.

Where is that document in your exhibits? In the interest of time, it is on page 394 of our Volume II. The pink copy specifically, on page 419 of that document of our Volume II. The manual begins at page 394. What does that provision say?

The provision on page 419---

Of which document? The Public Service Commission Discipline Manual, correct?

The Public Service Discipline Commission Manual 4.3, talks about absence from duty without leave, reasonable or lawful cause.

Madam Temporary Speaker, I beg to read. “Where an officer is absent from duty without leave, reasonable or lawful cause, the following steps shall apply;

He should not have been paid a cent.

He should not have been paid a cent.

On the previous page, I believe it is page 418, what does it say about interdiction and suspension?

Page 418, 4.2.2 on Suspension, it says – “The circumstances under which an officer may be suspended from exercise of powers and functions of the office include-

So, by virtue of that provision, the moment he was charged with a serious criminal offence, that is, murder, his salary ought to have been stopped, correct?

It should have been stopped, maybe I can correct that. It should have been stopped the moment he was absent from work, not even being charged. The moment he was absent from work, the salary ought to have been stopped. That is the standard procedure in management of public service.

I will refer you to our Volume 6 of the County Assembly documents on page one and two. What documents are there?

On page one we have an appointment letter for Sabina Gathumi.

What is your contention? In your Volume II, you have provided documents that evidence legal appointment that is Volume II of the exhibits in support of the impeachment Motion. What is your contention with respect to those two officers? It is on page 187 of your Volume II and specifically page 188.

My contention with those two documents on Volume 6 is on other irregular appointments.

Irregular appointments by who?

By the County Secretary of the County Government of Meru.

This is the notorious County Secretary?

The notorious County Secretary.

Who the governor refused to take action against despite the recommendation of the County Assembly, correct?

Yes.

Where is the evidence of those illegal appointments?

The illegal appointments are on page 187 to 188.

Kindly explain what is illegal about the appointment of Jane Kanana? That is on page 188 of our Volume II.

Department of Human Resources has a substantive Director. This appointment means that---

Department of Human Resources has a substantive Director. This appointment means that---

Sorry to interrupt. Where is the evidence of the substantive Director?

The evidence of the substantive Director is on volume six, page three.

So, Mary Karimi Kimaitha by that appointment letter is the substantive officer?

Yes. Mary Karimi Kimaitha is the Substantive Director of that department.

Is it proper or legal for the County Secretary to appoint another person to act in a position where there is a substantive office holder?

It is not procedural and it also amounts to misuse of resources.

What does the County Government Act say with respect to the acting appointments?

The County Government Act, Section 69 (2) (a) , stipulates that you cannot appoint or re-designate an officer to act in a position that is not vacant.

That is the appointment of?

That is the Director Human Resource.

Madam Temporary Speaker, that is in the County Assembly list and bundle of authorities on page 57 of County Government Act, Section 69. You can read the provision.

On Page 48 of Volume III of the bundle of documents. I am reading Section 69 (2) . It says-

“A public officer shall not be re-designated to own or act in a public office if-

So, if the office is not vacant, you cannot deploy another person to act in that office. Is that correct?

You cannot.

Does that apply to Sabina Gatumi as well?

Yes, Madam Temporary Speaker.

Who is Sabina Gatumi as per page one of your volume Six; the Further Assembly Documents?

According to my documents, Sabina Gatumi is the substantive Payroll Manager.

She is the substantive payroll manager. Is that correct?

Yes, Madam Temporary Speaker.

An officer by the name Solomon Mugera has been deployed to act in that office, whereas Sabina Gatumi is the substantive holder of this position.

An officer by the name Solomon Mugera has been deployed to act in that office, whereas Sabina Gatumi is the substantive holder of this position.

Madam Temporary Speaker, turn with me to page 189 of our Volume II These minutes were prepared and signed by the County Secretary for the County Human Resource Management Advisory Committee. One of the persons present is Mr. Solomon Mugera. Is that correct?

Yes, Madam Temporary Speaker.

He is present as the acting payroll manager?

Yes, Madam Temporary Speaker.

The same is replicated at page 188?

Yes, Madam Temporary Speaker.

These are the appointments that were done by this notorious County Secretary that you said has hampered service delivery as you have even seen in the videos from the hospital and elsewhere?

Yes, Madam Temporary Speaker.

Madam Temporary Speaker, I will request that some video clips in the governor's videos be played.

You may proceed.

That is video number seven. Foremost, Madam Witness, you told us that there is a person who was speaking, purporting to be the Secretary General of the Bus Party. Do you know him?

Yes, Madam Temporary Speaker.

Is he a Member of the County Assembly (MCA) ?

No, Madam Temporary Speaker.

You said you are aware of the person who is legally recognized as the Secretary General of the Bus Party?

Yes, Madam Temporary Speaker.

What is his name?

You also said during the examination-in chief by my Senior Counsel, Mr. Ndegwa Njiru, that there are some members of the Bus Party who support the governor?

Yes, Madam Temporary Speaker.

Have they been victimized by the County Assembly?

No, Madam Temporary Speaker.

Have they been removed from any committees?

No, Madam Temporary Speaker.

Yes, Madam Temporary Speaker.

Yes, Madam Temporary Speaker.

Is there any of them who is a chair of any committee, and is member of the Bus Party?

Yes, Madam Temporary Speaker.

What is his name?

One of them is my chair in the Sectoral Committee on Youth, Gender, and Social Development. She is Hon. Makena Murogocho.

She is a member of the Bus Party, who openly supports the governor?

Who supports the governor even in this impeachment.

She has not been victimized.

Yes, Madam Temporary Speaker.

Okay. So, all that gentleman appears to say in that video, that MCAs should take instructions from him, and the party is going to take action against members who appear to support the governor. Has action been taken against the said Jennifer Murogocho?

No.

She is the chairperson of the Committee on Youth, Gender, and Community Services as indicated on page 18 of your Volume VI. Is that correct?

Yes, Madam Temporary Speaker.

Who is the other member of the Bus Party?

There is Hon. Felix Kithinji Mwirigi on page 23. He is the Chairperson of the Sectoral Committee on Transport, Energy, and Public Works.

He has equally not been victimized despite being a member of the Bus Party?

Yes, Madam Temporary Speaker.

You also said that you received a letter from Cleophas Malala directing you to withdraw the Motion.

Yes, Madam Temporary Speaker.

Would you say that you were intimidated and threatened to withdraw the Motion?

Yes, it was a form of intimidation.

Did you succumb to that intimidation?

I did not.

Has the County Assembly succumbed to intimidation by that gentleman who was speaking in that video?

No, Madam Temporary Speaker.

Is that an attempt by the Governor to shift attention from the real issues?

Yes, that is a---

I had already granted that permission. Can the video be played, please?

I had already granted that permission. Can the video be played, please?

I am sorry for that, Madam Temporary Speaker. It is video number 12 and 13 of the governor’s videos. I am coming to this in a moment. Yes, that is the correct one.

Madam Temporary Speaker, the video can be paused.

Is the translator here? Is it interpreted?

The useful part that I want to cross-examine her on was played in English.

Very well. So, it is the part that was in English only?

Yes, Madam Temporary Speaker.

That is okay.

Video No.13 in the governor's videos can also be played.

Video number 13.

That is video No.12.

Is that 12 or 13? If that is 12, then, can you play 13?

Yes, that one.

The Interpreter (Mr. Duncan Gitonga): Bw. Spika, jina langu ni Gitonga Kabori. Nitapeana tafsiri iliyo kwenye kanda inayoendelea sasa.

Anasema amefurahi kwa sababu hakuna mtu yeyote analipa kodi katika Kaunti ya Meru, kule Maua. Na hakuna siku watarudi tena kulipa hata hizo chuma zikiuzwa skrepu.

Chuma zile ziko kule, ziuzwe zikiwa nini? Zikiwa skrepu. Tunaenda kutangaza ya kwamba hakuna mahali kwingine kodi italipwa. Tuje tukapeane pesa zetu ziende kutolewa kama hongo kwa Maseneta. Hatutafanya hivyo kwa mara nyingine.

The Interpreter (Mr. Duncan Gitonga): Bw. Spika, jina langu ni Gitonga Kabori. Nitapeana tafsiri iliyo kwenye kanda inayoendelea sasa.

Anasema amefurahi kwa sababu hakuna mtu yeyote analipa kodi katika Kaunti ya Meru, kule Maua. Na hakuna siku watarudi tena kulipa hata hizo chuma zikiuzwa skrepu.

Chuma zile ziko kule, ziuzwe zikiwa nini? Zikiwa skrepu. Tunaenda kutangaza ya kwamba hakuna mahali kwingine kodi italipwa. Tuje tukapeane pesa zetu ziende kutolewa kama hongo kwa Maseneta. Hatutafanya hivyo kwa mara nyingine.

Madam witness, I have played that video from the governor’s record of videos, you said you know the gentleman talking in that video?

Yes.

You said he is not the Secretary General of the Party. What would you say his role is in the Party? Does he have a role in the Party?

I am not aware.

To the best of your knowledge, you would say he is an imposter?

He could be.

Are you aware that he has a role in the Party?

Counsel, hold on. The Senate Minority Leader, what is the issue? The Senate Minority Leader (

Proceed, Counsel.

Are the views of this gentleman representative of the views of the Assembly and is he a member of the County Assembly?

No, Madam Temporary Speaker.

Is he an elected leader in Meru?

He is not.

So, to the best of your knowledge, has any of the Members who appended signatures in support of the impeachment Motion coerced by that gentleman?

No.

A few minutes ago, you have confirmed that even three members of the Party he purports to come from support the governor.

Yes.

They have not been victimized or removed from any of the committees of the County Assembly and some of them are even chairpersons of those committees.

Yes.

Would you say that you have been coerced or succumbed to any pressures to move the Impeachment Motion?

They have not been victimized or removed from any of the committees of the County Assembly and some of them are even chairpersons of those committees.

Yes.

Would you say that you have been coerced or succumbed to any pressures to move the Impeachment Motion?

Are you a member of the Mbas Party?

No.

You were specially nominated on which Party?

The UDA Party.

Okay. Before I yield the witness for cross- examination, I ask that video No. 7 of the governor’s videos be played.

Play video No.7. Counsel, you have now done three hours.

The translator? The Interpreter

: Madam Temporary Speaker, my name is Gitonga Kabori. I request the video to be replayed again.

Ninaweza sema kuwa impeachment ya gavana, nataka kuelezea Wameru. Hiyo impeachment ya gavana ni shughuli yao kwenye Bunge la Kaunti ya Meru. Hio ni kama biashara yao. Na wanaweza kuimpeach mara nyingi yenye imebaki.

Sasa, naweza sema mambo hiyo ya drafting na kupanga Wabunge, alikua mmoja wao pale. Ni yeye alikua apeleke hio Motion Meru. Ni yeye alikua wakupeleka hio Motion wa kwanza mpaka pale dakika za mwisho.

Kama ulisikiza Evans Mawira vyema akiongea, alisema alikua na hakika kabisa kwamba gavana ataenda. Kwa hivyo, alipokua na huo uhakika kabisa kwamba gavana atatolewa, akaichangamkia akaichukua ndio aweze kupewa hio heshima.

What is the context of the things that you said in that video?

Hon. Zipporah Kinya: I cannot remember because it was an interview of one full hour. You can see it is just an extract of a very short part of my full interview and the video is not dated. I cannot even remember which date was that. I talked about so many governance issues.

That is why I am saying that our business is to oversight the county government of Meru. I believe the law does not limit the many times of I oversight the county government of Meru.

Okay. Before I yield the witness for cross- examination, I ask that video No. 7 of the governor’s videos be played.

Play video No.7. Counsel, you have now done three hours.

The translator? The Interpreter

: Madam Temporary Speaker, my name is Gitonga Kabori. I request the video to be replayed again.

Ninaweza sema kuwa impeachment ya gavana, nataka kuelezea Wameru. Hiyo impeachment ya gavana ni shughuli yao kwenye Bunge la Kaunti ya Meru. Hio ni kama biashara yao. Na wanaweza kuimpeach mara nyingi yenye imebaki.

Sasa, naweza sema mambo hiyo ya drafting na kupanga Wabunge, alikua mmoja wao pale. Ni yeye alikua apeleke hio Motion Meru. Ni yeye alikua wakupeleka hio Motion wa kwanza mpaka pale dakika za mwisho.

Kama ulisikiza Evans Mawira vyema akiongea, alisema alikua na hakika kabisa kwamba gavana ataenda. Kwa hivyo, alipokua na huo uhakika kabisa kwamba gavana atatolewa, akaichangamkia akaichukua ndio aweze kupewa hio heshima.

What is the context of the things that you said in that video?

Hon. Zipporah Kinya: I cannot remember because it was an interview of one full hour. You can see it is just an extract of a very short part of my full interview and the video is not dated. I cannot even remember which date was that. I talked about so many governance issues.

That is why I am saying that our business is to oversight the county government of Meru. I believe the law does not limit the many times of I oversight the county government of Meru.

On the videos of the gentleman called Alhaji, I would like to say that it is really unfortunate and uncalled for. Those sentiments do not represent the feelings of the Assembly and the feelings or the view of the people of Meru.

I believe he made those remarks on his behalf. I believe the people of Meru, including the County Assembly of Meru have a lot of confidence in this House. That is why we have come again and again so that we can get a reprieve from this House. I regret those comments from Alhaji, and on behalf of the County Assembly of Meru, those comments are highly regrettable.

Thank you, Madam Witness. Thank you, Madam Speaker. I yield the witness for cross-examination by the governor's team.

Thank you. Now, Counsel for governor, it is your turn for cross-examination.

Thank you, Madam Temporary Speaker.

Counsel, how much time do you think you will require for this?

That is why I came here. My learned colleague, Mr Mutuma, is the one cross-examining, but I came here to seek direction on the question of time.

The reason being, at the very least, it is not asking for too much to ask for equality of terms. It is the bare minimum the law expects of us. The County Assembly has done something very unique.

They have taken three hours and 10 minutes on this witness, out of the four hours allocated for the entire County Assembly case. Meaning that even if we took the remainder of their entire time, we are not even getting a third of the time they have taken with this witness.

My learned colleague, Mr. Mutuma, would have desired to have at least half the time the County Assembly took with this witness to do justice.

We are not asking for the same time. We are asking for half the time. Madam Temporary Speaker, we urge that you give direction on that question.

Thank you, Madam Temporary Speaker.

Counsel, how much time do you think you will require for this?

That is why I came here. My learned colleague, Mr Mutuma, is the one cross-examining, but I came here to seek direction on the question of time.

The reason being, at the very least, it is not asking for too much to ask for equality of terms. It is the bare minimum the law expects of us. The County Assembly has done something very unique.

They have taken three hours and 10 minutes on this witness, out of the four hours allocated for the entire County Assembly case. Meaning that even if we took the remainder of their entire time, we are not even getting a third of the time they have taken with this witness.

My learned colleague, Mr. Mutuma, would have desired to have at least half the time the County Assembly took with this witness to do justice.

We are not asking for the same time. We are asking for half the time. Madam Temporary Speaker, we urge that you give direction on that question.

The Counsel for the governor, can we begin by giving you one hour for cross-examination? We can review, should you require some more time.

Thank you so much, Madam Temporary Speaker. My colleague, Mr. Elias Mutuma, will take on the witness in cross-examination.

On a point of order, Madam Temporary Speaker.

Yes, Sen. Omtatah?

Madam Temporary Speaker, as somebody who believes in human rights, I do not think it is fair for us to keep a witness standing for so many hours. You have seen even proceedings in the United States Senate, witnesses are cross- examined sitting.

I have seen this lady trying to lie on the rostrum. I do not know if it is fair to keep somebody standing for three hours and then it is under cross-examination for an hour or two hours. It will not be good for the health of that person.

Sen. Omtatah, I do not think there is a rule that says she cannot sit, and she has not requested. Witness, you may sit down during cross-examination.

Thank you.

On a point of order, Madam Temporary Speaker.

Sen. Wafula, what is the issue?

Asante, Bi. Spika wa Muda. Sisi Maseneta ni kama Majaji katika kesi hii. Ni vyema tupate mwelekeo iwapo majaji wataweza kupea mwelekeo mshukiwa ama mshtakiwa jinsi ya kukabiliana na mwenzake katika hafla ya kujitetea.

Asante.

Sen. Wafula, the procedure was properly guided by the Speaker at the beginning. It is time for the governor’s counsel to do cross-examination. Let us allow that to happen.

Madam Temporary Speaker, may I seek your guidance on whether during the cross-examination, our time stops running or it will still eat into our time? I am most humbled.

The Speaker guided very clearly. Cross-examination is part of your time.

Sen. Beth Syengo, proceed.

Sen. Wafula, the procedure was properly guided by the Speaker at the beginning. It is time for the governor’s counsel to do cross-examination. Let us allow that to happen.

Madam Temporary Speaker, may I seek your guidance on whether during the cross-examination, our time stops running or it will still eat into our time? I am most humbled.

The Speaker guided very clearly. Cross-examination is part of your time.

Sen. Beth Syengo, proceed.

Good evening.

Kindly confirm your full names and what you do at the Meru County Assembly.

My full name is Zipporah Kinya. I am a Member of the Meru County Assembly, specially elected by the United Democratic Alliance (UDA) and the Deputy Majority Leader.

Indeed, you have previously served as a member of the executive in the previous regimes. That is right?

Yes.

In what capacity?

I served as a sub-county administrator, then later redesignated as the deputy director administration until I exited.

When were you appointed as a subcounty administrator?

In 2013.

Which governor appointed you in that position?

Hon. Munya.

Did the next governor also retain you in that position? That was governor Kiraitu Murungi.

I was redesignated in 2018 to a deputy director of administration.

Thank you. Briefly give us the composition of party membership in the Meru County Assembly. How many parties and Members are there in the county?

In Meru County Assembly, we are 69 Members. The UDA has 21 Members while the “Mbus” Party has 20 Members. I am not sure of the numbers of the remaining parties.

I was redesignated in 2018 to a deputy director of administration.

Thank you. Briefly give us the composition of party membership in the Meru County Assembly. How many parties and Members are there in the county?

In Meru County Assembly, we are 69 Members. The UDA has 21 Members while the “Mbus” Party has 20 Members. I am not sure of the numbers of the remaining parties.

I am not sure of the number, but there are Members who vied on independent tickets.

Thank you. You have indicated to hon. Senators that this impeachment Motion has been supported by a majority of residents of Meru County and you gave a percentage. What percentage is that?

It was 85 per cent according to public participation.

Have you brought the memorandum and report of that public participation?

Yes.

That is the basis for your claim that 85 per cent have supported the impeachment, right?

Yes.

I want you to have a look at that report briefly. That is Volume 5 of the Meru County Assembly’s bundle of documents. I want you to go straight to page 286.

Yes, I am there.

I want us to identify the anomaly in that minute. According to the title of that meeting, when did the meeting start? First of all, tell us where that public participation exercise took place. Which ward was it?

It was at Kionyo Social Hall.

What time is indicated at the top as the time when the meeting began?

It is indicated 10.00 a.m.

Can you look at Minute No.1? What time does the minutes show that the meeting began?

I can read Minute No.101. The officers of Meru County Assembly arrived at the venue for public participation at 8.00 a.m.---

It says 10.00 a.m.

They arrived at 8.00 a.m.---

Kindly wait for my question. What time does it indicate the meeting began as per Minute No.1?

It is 10.00 a.m.

However, at the top, it shows that it began at 8.00 a.m., correct?

No. The first page says that it is officers of Meru County Assembly who arrived at 8.00 a.m.

Correct. It is the other way round. The top shows 10.00 a.m., correct?

Yes.

Is that the position?

Correct. It is the other way round. The top shows 10.00 a.m., correct?

Yes.

Is that the position?

However, Minute No.1 shows that the meeting began at 8.00

Counsel, I dispute that. The minutes says officers of the County Assembly arrived at the venue for public participation at 8.00 a.m.

Thank you very much.

Then at 10.00 a.m., the meeting was called to order.

Can we go to page 291? Can you confirm that the same format of capturing minutes appears at page 291? Tell us where that meeting took place and how the minutes were captured.

The meeting took place at MCK Kithare, Njia Ward, in Meru County at 10.00 a.m.

Minute No.1?

Officers of Meru County Assembly arrived at the venue for public participation at 8.00 a.m.

Can we go to page 294 and compare that with page 297? Could you tell us whether the same format of capturing minutes appears, that officers in all these stations arrived at 8.00 a.m. and the meeting began at 10.00 a.m.?

Hon. Zipporah Kinya: On page?

Page 294. Kindly tell us.

The officers of Meru County Assembly arrived at the venue for public participation at 8:30 a.m.

Correct. Proceed to read Minute No.1.

The meeting was called to order by Mr. Raphael Mwenda at 10.00 a.m., and a prayer was said by Ms. Kirimi Kabubania, a member of the public.

Compare that with what appears at pages 297 and 299. Is it the same that has been captured?

It reads: Officers of the County Assembly arrived at the venue for public participation at 8.00 a.m. and at 10.00 a.m. the meeting was called to order.

Thank you. Now, let us read Minute No.1 verbatim. Of all the minutes that I have identified, read the first paragraph. For instance, let us start with page 286, Minute No.1.

The officers of the County Assembly arrived at the venue for public participation at 8.00 a.m., and at 10.00 a.m., the meeting was called to order---

Proceed to read the entire paragraph.

“By Mr. Kevin Mwenda from the County Assembly of Meru and a prayer was said by Mr. Mutugi from Kionyo Boda Boda Association.

Thank you. That was page 286, now read Minute 1 on page

This one says officer of the County Assembly arrived at the venue of public participation at 8.00 a.m. At 10.00 a.m., the meeting was called to order by Godfrey Mutiga and a prayer was said by Murangiri Mbogori, a member of the public.

Thank you. Do you find those two minutes to have got semblance word for word except for the names of individuals present?

Not really. One is talking about 8.30 a.m. and the other at

Show us the difference in terms of the content of that Minute. Pages 297 and 284.

You will confirm that except for the names, the rest of the content is---

It is not true, let me read again. The officers of the County Assembly arrived at the venue at 8.00. a.m., the meeting was called to order by Kevin Mwenda from the County Assembly of Meru and a prayer said by Mr. Mutugi.

Thank you. Can you now go to the other one?

The other one is - the officers of the County Assembly arrived at the venue for public participation at 8.00 a.m. and at 10.00 a.m. the meeting was called to order by Godfrey Mutiga. A prayer was said by Murangiri Mbogori, a member of the public. There are two different things.

Thank you. Let us go to page 783 all through to page 794. You will confirm that those are handwritten memorandums. Right?

Yes.

Kindly look at the handwriting. Is it not the same handwriting that is presenting those memorandums?

I cannot confirm.

Apart from the names, do we have any other description of those parties such as phone and ID numbers?

The phone number, the name and the signature are there.

Thank you. We can proceed on and on but we will have time to identify all these things during cross-examination.

Let us go to the incident that you talked about- that there was an attempt to torch the County Assembly of Meru. Which date was that?

It was on the eve of 8th. Actually, it happened at around

Madam witness, I am asking the questions.

Yes.

Kindly restrict yourself to the question.

Yes.

What date was it?

The eve of 8th August, 2024.

I am interested in the dates; which date?

It was on 7th August, 2024 at 3.00 a.m.

What time was it?

I am interested in the dates; which date?

It was on 7th August, 2024 at 3.00 a.m.

What time was it?

Does the County Assembly of Meru conduct business at

It does not.

How would you explain their presence in public offices at

The MCAs were under threat. Personally, I was seriously threatened. I could not sleep at my home, so I sought refuge elsewhere.

We have your answer.

Yes.

So, were you present at 3.00 a.m. at the County Assembly?

Yes.

Were there other members of the public present at the County Assembly at 3.00 a.m.?

I did not see them.

You did not see them.

Yes.

So, if I tell you that that fire emanated from people who were present at that time, would I be wrong?

You would be wrong.

You have just said that there were no other members, to the best of your knowledge.

Yes.

So, the people present at the County Assembly might have begun this fire?

The MCAs were inside and not outside and the fire was from outside.

You said that the fire emanated from the Meru Law Courts, correct?

Yes.

Meru Law Courts is a secured premise, is it not?

Yes.

As a County Assembly, did you try to seek any statement from the Meru Law Courts? You have just accused them of torching the County Assembly of Meru because you said the fire emanated from the Meru Law Courts. Do you want to change your statement or do you want to stick by it?

I stick by that statement.

Did you seek any statement from the leadership of Meru Law Courts?

I did not seek any statement because I was not the investigating officer. Maybe the investigating officer did.

You did not.

Did you seek any statement from the leadership of Meru Law Courts?

I did not seek any statement because I was not the investigating officer. Maybe the investigating officer did.

You did not.

Among those people who were arraigned in court, which one of them is a supporter of the governor, by name and description?

I only attributed it to the person working in the Office of the Governor who said---

Thank you. My question is simple about the people who were arraigned in court. You produced material evidence in the form of video.

Yes.

Among the people arraigned in court, which one of them is a supporter of the governor, by name and description?

I did not allege that they are the ones. I said they are the supporters of the governor.

You are now withdrawing that statement.

I am not withdrawing. I alleged that those who threatened to do it are supporters of the governor. Indeed, I did not say those that are arraigned are the ones.

So, you are now withdrawing that statement. It is on record that governor’s supporters torched the County Assembly of Meru and you brought evidence.

I am asking you, Madam Zipporah, which one of them is a supporter of the governor, by name and description?

I did not say those that are charged are the ones who are the supporters of the governor. I actually talked about the staff from the office of the governor who said, “atachoma”.

We are going to the staff that you talked about.

Yes.

So, would you now want to confirm to the Senate that, indeed, there were no supporters of the governor charged with torching the Assembly?

Yes, I can confirm because I said there are some people who are charged for the offence.

You have just said that they are not governor’s supporters?

Yes.

Thank you.

Those charged.

Yes.

Thank you.

Those charged.

Thank you very much. Let us go to the specific officer from the office of the governor. What was the name of the officer?

I do not know the official names, but he is popularly known as Gachigi.

Yes.

To the best of your knowledge, has this individual been charged for any offence, threats or even assault?

He has not been charged.

Any report that has been made?

I am not aware of any.

Madam witness, have you filed any report because you came to the Senate and alleged that he threatened Members of the County Assembly (MCAs) and he was among the people who planned to torch. Have you made any efforts to have him arrested including even filing a report?

An Occurance Book (OB) has been recorded.

Where is that OB?

An OB was recorded by---

I ask you specifically. Have you taken any steps? Not an OB. Have you personally taken any steps?

Personally, I have not, but the County Assembly has taken.

Thank you. You also played a clip showing your home being torched.

Yes.

What time was it?

It was torched on the eve of the first impeachment Motion.

What time was it?

3.48 a.m.

And you say that was on the eve of the first impeachment Motion?

Yes.

You said the fire emanated from your neighbor's place.

Yes, from the neighbour across.

You told Senators and we were listening - and the Hansard can confirm - that the fire emanated from your neighbor's home.

Not neighbour's home. I said the fire was from my fence.

We were very keen Madam Speaker and we can have the Hansard read to us. You said it began from your neighbor's home.

I did not say the neighbor's home but from my fence. If the fire was thrown from across the fence---

That fence is adjacent to a neighbor, is it not?

Yes.

What is the name of your neighbor whose land is adjacent to your fence?

I do not even know the neighbour.

What is the name of your neighbor whose land is adjacent to your fence?

So, as recent as the eve---

The person bought the land recently. I am very serious on this.

Yes, there is a neighbour.

Did you--- Mr. Temporary Speaker, Sir. I see counsel trying to coach the witness. That is very unbecoming of an advocate. We should have known what counsel is trying to tell the witness. That cannot be permitted.

Mr. Temporary Speaker, Sir, I am trying to control the witness for ease of clarity. I am telling her to be straight to the questions asked. The normal way of controlling a witness.

Very well. Witness, please only respond to the questions asked.

Okay.

Thank you, Mr. Temporary Speaker, Sir. Do you confirm that there is a neighbour adjacent to your fence?

Yes.

You do not know the name of your neighbour?

The name of the new neighbor, but I know the old neighbor who sold the plot recently. I can give the name.

Did you go to this neighbour that you do not know and consult him or her about the source of the fire?

The plot is vacant. There is no home. It is not habited.

The question is, did you visit them or try to investigate who owns that plot?

I tried to investigate, but I have not yet known who bought it.

The plot is vacant. There is no home. It is not habited.

The question is, did you visit them or try to investigate who owns that plot?

I tried to investigate, but I have not yet known who bought it.

I did not count.

Can we watch that clip again?

Yes.

I did not count.

Can we watch that clip again?

Yes.

Madam Temporary Speaker, the clip is still playing. So, by now, we have no one at the scene, right?

Yes, there is no one.

There is a gentleman who walks in. Kindly tell us who that gentleman is.

My watchman.

Does your watchman look panicked?

Yes.

We cannot see that.

To me, he is.

Do you confirm that you were home on that day?

I was not at home.

I confirm you saying that you were woken up by your worker to inform you about the incident.

I did not say that.

We will confirm from the HANSARD.

I was not at home.

So, you are now confirming you were not?

I was not at home.

Thank you. So, by now, there is still no one putting off the fire and the gentleman is walking easily where the fire incident is. Let us see how many buckets of water those are. That is one, three--- There is another one and the fire is off.

So, you are now confirming you were not?

I talked about a petrol bomb in the Assembly. Please, It is not that one, let us get the facts right.

Madam witness, what action did you take after your house was allegedly attacked and torched?

You annexed a copy of the OB report?

I mentioned it in the Hansard---

Have you attached a copy of the OB because you knew you were going to rely on that clip? Have you attached the OB report?

It is in the HANSARD.

Yes, or no? Have you attached?

I have not.

So, this Senate has no way of confirming whether there was any formal report or investigations done in respect to that incident? They have no way of doing that, is it not?

Okay---

It is a yes or no answer. They have no way of confirming that.

Yes.

They have no way. I put it to you, madam witness that what we have just watched is a stage-managed incident and we can all tell that. What do you say?

It is not.

Thank you. You have also talked about a number of incidents where residents of Meru have complained about the governance structure of madam governor here. You have specifically talked about an incident where there was a birth that took place near Kiguchwa Hospital. Do you remember that?

Yes.

Kindly confirm the status of that hospital. What level is that hospital? What kind of a hospital is it?

It is a Level 3 hospital according to the complaints of the people of Kiguchwa.

It is not “according”. Madam witness, you investigated the governor and the evidence you brought here are subject to investigations. With surety, tell us what level of hospital that facility is.

Level 3.

It does not have a maternity wing, does it?

I am not sure.

I am putting it to you that it is a dispensary without a maternity wing. Is that the position?

I am not sure.

If it does not have a maternity wing, then there was no way a woman would have gone there to give birth, is it not?

I am putting it to you that it is a dispensary without a maternity wing. Is that the position?

I am not sure.

If it does not have a maternity wing, then there was no way a woman would have gone there to give birth, is it not?

And you want this Senate to impeach the Governor based on that allegation. Is that your position?

It is not part of my allegation, but compromised service delivery.

So, it is not part of your allegation?

It is a support of the compromised service delivery.

Do you, however, confirm that you did not bring the Governor here to answer to those charges? That is what you have just told us.

I confirm it is part of this delivery of service that has been compromised through illegal appointments.

You have also talked about 20 cows dying in a certain Ward in Meru County. Which ward was that?

It is Kwene Ward.

In your impeachment Motion, kindly refer me to the charge where the Governor is being accused of that specific allegation. I do not even know the name of that allegation. In your impeachment Motion and supporting evidence, show me exactly where you have accused the Governor of that mismanagement of public resources. Is there anywhere?

I did that. That video was meant to correct the video that was presented as defense for the Governor, which also is not part of the allegations.

So, you have not brought the Governor to the Senate to answer to those charges, have you?

Yes, because that is not part of my charges.It is only that the Governor defended herself through the wrong videos too.

Thank you.

I said, the Governor---

I have not asked you a question, kindly.

Okay. I am sorry.

Let us proceed to the role you played in the last impeachment. We have watched a video of you saying that, indeed, you were part and parcel of that process. Is that still your position?

Yes.

So, the last impeachment Motion was meant to be brought by you. Is that your position?

Yes.

What happened that you did not proceed with the process to its logical conclusion?

The County Assembly Majority Leader, as a senior of the House, requested me to hand over the Motion to him.

The Leader of---?

What happened that you did not proceed with the process to its logical conclusion?

The County Assembly Majority Leader, as a senior of the House, requested me to hand over the Motion to him.

The Leader of---?

Yes.

Do you confirm that is you talking?

Yes.

The words that you have uttered are your words?

Yes.

Thank you. So, even if the Senate was to discharge the Governor this time around, you would still come back in this Senate with other charges, correct?

It depends. Let me confirm that if the Governor does not continue the violations, we cannot bring her back. Indeed, it is because those violations continued, even when the case was here in the Senate. That is why I said that. If the Governor stops the violations, then we are good to go as Meru County.

I cannot confirm that I will come back because maybe the Governor may decide not to violate the Constitution anymore.

Do you have any personal vendetta against the Governor?

No.

Do you think she is a mad woman?

No.

Do you think she is crazy?

No.

Can we watch video VKM09? Madam Temporary Speaker, we might need an interpreter for this specific video.

Serjeant-at-Arms, please usher in the interpreter.

Before we hear from the video, what is your background training, professionally?

Professionally, I am a trained teacher.

You actually served as a principal of a school, is that not so?

Yes.

Do you have any training in medical health?

No.

Mental health?

No.

No.

Mental health?

No.

No.

Thank you.

Is the interpreter there?

We can now watch the video.

The Interpreter

:Thank you, hon. Temporary Speaker. I will go ahead and interpret the video.

Kindly, can you play back?

In Meru County Governor, Kawira Mwangaza, do not think that you have a governor. She is mad. The Meru Governor went crazy a long time ago. Today, I would like to declare that seat vacant. So, Merus should be ready. We need to get the way forward on how to get a new governor who can lead Meru County.

Thank you, we can stop there. So, were you lying to the members of the public then when you said the Governor was mad, or are you lying to the Senate now when you are saying you do not think that she is mad?

I did not say that she is mad.

Was that you we just watched on television?

It was taken out of context.

Was that you we watched on TV?

It was taken out of context.

Witness, please answer the question.

Sen. Khalwale, what is your point of order?

Madam Temporary Speaker, as one of my colleagues who will be making a decision based on this evidence, could you remind the witness that she is under Oath. Can she, therefore, stick to one side of whatever it is she wants to tell us?

Witness, you are under oath. Please, stick to telling the truth while under that oath.

Do you want me to remind you of the question?

Madam Temporary Speaker, as one of my colleagues who will be making a decision based on this evidence, could you remind the witness that she is under Oath. Can she, therefore, stick to one side of whatever it is she wants to tell us?

Witness, you are under oath. Please, stick to telling the truth while under that oath.

Do you want me to remind you of the question?

So, you appeared on that media house?

Yes, I appeared.

What is the name of the media house?

Weru TV.

Do you do know it is a national TV, popularly watched in Meru County?

Yes.

Thank you. So, were you lying? I will repeat the question. Were you lying to the people of Meru, or are you lying to Senators now when you say that you do not think the Governor is mad? You must have been lying to at least one of those people.

I said I was taken out of context.

Did you explain your context in that clip?

Yes, I did because the interview was for one full hour.

Thank you. We supplied you with this video on Friday. We are appearing before the Senate on Monday. Have you sought leave of this Senate to produce the full clip where the context is explained?

I did not seek leave because the video is even not dated. I have done so many interviews in Weru TV, and because the video is not dated, I could not even remember the date of the video.

The date notwithstanding, have you confirmed that you appeared on that show and uttered those words?

Yes, I did.

However, you have not sought leave to produce that full clip even by asking the specific TV station to provide you with one.

I did.

You have not.

I asked Weru TV and they told me it is not possible unless I get a date for the video.

Where is the evidence of that request?

I just made a call, and they could not trace the video.

Thank you. The mover of this Motion is yourself, Madam witness.

Yes.

You have made it your business to impeach the governor and there is actually a direct financial benefit to you and other members of the County Assembly who impeached the governor. Is that correct?

No, not correct.

Yes.

You have made it your business to impeach the governor and there is actually a direct financial benefit to you and other members of the County Assembly who impeached the governor. Is that correct?

No, not correct.

Madam Temporary Speaker, we can stop there for the sake of time.

You have talked about two issues in that interview. The first one is that it is your business.

Mr. Speaker, Sir, it is the business of the County Assembly.

It is your business to impeach the Governor?

Madam Temporary Speaker the clip says that it is the business of the Assembly not private.

Business in Kiswahili Language is biashara, true or false?

We transact business using the County Assembly.

Is it true or false that business is biashara in Kiswahili? You are versed in the Kiswahili Language. Is it true or false?

Madam Temporary Speaker, business is biashara in Kiswahili.

You have also said that hon. Mawira took away your glory of trying to impeach the Governor and that is why you ended up with the Motion. You were involved with the drafting until hon. Mawira took the glory. Is that what you said?

Madam Temporary Speaker, he took the Motion from me.

You have said that he took the Motion from you and got the glory of impeaching the Governor. Is that not what you have said?

I have said that---

Do you want us to play that clip again?

It can be played because I said, Hon. Mawira took away the Motion from me and he told the people of Meru that he took the Motion because he was sure the governor was going---

You want us to replay that clip again, where you are saying that he took the glory of trying to impeach the governor? Have you heard yourself say that hon. Mawira took the glory?

He was taking the glory; not me. You are confused since I am not the one who is taking the glory, it is Hon. Mawira.

So, two issues, Madam witness. The Motion process in Meru County is biashara, and secondly, there is a glory attached to it. I want to take you there shortly. One, tell us, you have just told us that you drafted the Motion. You are not a lawyer, are you?

You want us to replay that clip again, where you are saying that he took the glory of trying to impeach the governor? Have you heard yourself say that hon. Mawira took the glory?

He was taking the glory; not me. You are confused since I am not the one who is taking the glory, it is Hon. Mawira.

So, two issues, Madam witness. The Motion process in Meru County is biashara, and secondly, there is a glory attached to it. I want to take you there shortly. One, tell us, you have just told us that you drafted the Motion. You are not a lawyer, are you?

But you are not a lawyer. You could not have drafted it yourself.

I drafted it; even this other one. I am not a lawyer; I am a teacher and I am aware of the violations.

Did you have any help from a lawyer to draft that Motion?

Of course, I got the help of a lawyer.

For legal services at a pay? You must have paid your lawyer to do that. Do not worry. I am not asking you how much, but you must have paid your lawyer for that.

I did not pay anything.

You did not pay anything?

Yes.

Is that the same lawyer representing you before the Senate today?

No.

Which lawyer helped you draft the Motion?

It is the lawyer who represented the County Assembly in the last proceedings.

Which process you were involved in? That is what you just told us; you were involved in the previous Motion as well?

Yes.

Including the drafting?

Yes.

So, the lawyer who represented you in the last impeachment process was the lawyer who drafted the Motion for you?

Madam Temporary Speaker, he assisted me in drafting the Motion.

Subsequently, he represented the County Assembly.

Yes, because I was doing it on behalf of the County Assembly.

Let us talk about your appearance here today.

Yes. Mr. Elias Mutuma: You are seated here today and you are earning allowances for conducting this business, correct? True or false?

Not true.

You are earning per diems today.

Not true. I have not earned any. I have not been facilitated by anybody to come here. I represented myself.

Not true.

You are earning per diems today.

Not true. I have not earned any. I have not been facilitated by anybody to come here. I represented myself.

Counsel, you have 13 minutes to go in your hour for cross-examination.

Thank you, Madam Temporary Speaker. So, it is your evidence that none of the MCAs are paid during these processes. We just want a confirmation.

Madam Temporary Speaker, I am not aware.

You did not receive any funds during the impeachment process during the last three processes, you have not? Not even a single coin?

Madam Temporary Speaker, I cannot remember because there are so many payments that are made in the County Assembly. I cannot remember whether I was paid for coming for impeachment. What I am saying is that right now as I sit here, I have not received anything.

You have not received anything?

Yes.

Madam Temporary Speaker, I cannot remember because there are so many payments that are made in the County Assembly. I cannot remember whether I was paid for coming for impeachment. What I am saying is that right now as I sit here, I have not received anything.

You have not received anything?

Yes.

Yes.

Can you tell us how much money was spent, cumulatively by the County Assembly in at least those two projects? Are you able to tell us that?

I am not aware. I do not know.

You do not know.

Can you tell us how much money was spent, cumulatively by the County Assembly in at least those two projects? Are you able to tell us that?

I am not aware. I do not know.

You do not know.

You serve at the Committee of Public Accounts Committee (PAC) ?

Yes.

That is the committee that scrutinizes the reports by the Auditor-General, correct?

Yes.

Have you come across that report? It is on page 272, hon. Senators, of Volume 1B of the Governor's Exhibit. Perhaps, let us just scrutinize your role as a Member of the PAC. What is your main role?

My main role as a Member of the PAC is to consider reports that are committed to the Committee by the County Assembly.

I want you to look at Article 229 (8) of the Constitution, specific to your role. Are we there? Tell us your mandate as a Member of the PAC. First of all, confirm that the Chapter talks about the report of the Auditor-General, correct?

Yes.

What is your role under Article 229 (8) of the Constitution?

Within three months after receiving an audit report, Parliament and the County Assembly shall debate and consider the report and take appropriate action.

Thank you. As a Member of this Committee, have you discussed the report of the Auditor-General in the discharge of your mandate under that Article?

The report has not been tabled by the Chairperson.

You have relied on that report to impeach the Governor?

Yes.

Meaning you have had an opportunity to look at it, is it?

Yes.

But you have not discussed?

We have not discussed because it has not been tabled to the Committee.

When was that report received? When did you come across this report because you are relying on this very report to show, number one, that the Governor is using a manual payroll, is it?

Yes.

Your evidence is derived from that report?

Yes. I cannot remember the date, but I got it immediately it was released by the Auditor-General.

You confirm that you got it immediately?

Yes.

As a Member of this Committee, you have not taken any steps in the discharge of your mandate under that Article, have you?

You confirm that you got it immediately?

Yes.

As a Member of this Committee, you have not taken any steps in the discharge of your mandate under that Article, have you?

Thank you. Let us go straight to the charges. I am looking at the charge where you want the Governor impeached for illegally revoking the appointment of one Virginia Kawira.

Yes.

Do you know Virginia Kawira?

Yes.

What position did she hold before becoming the Chief Executive Officer (CEO) of the board?

She was a finance officer in the Department of Finance and Economic Planning.

She was an officer, Senior Principal Finance Officer?

Yes.

Is that a position where services are still needed within Meru County?

Yes.

Has there been any replacement of that position pursuant to her joining the County Public Service Board (CPSB) ?

I cannot confirm.

Madam witness, this is your Motion.Were you not interested in finding out whether that position was filled? The truth of the matter is that position has not been filled is it?

It was not a subject matter in my Motion.

It was not?

It was not.

You are aware that Virginia took leave of absence, correct?

Yes.

A person who takes leave of absence is still holding that position, is it? That position is not given to any other person. Am I right?

No.

It is not?

It remains vacant for the contract period.

And for how long is the contract of Virginia Kawira running?

Six years.

Six years?

Yes.

So, for six years, that position will not be occupied and there will be no service delivery in that position?

The position can be occupied by law.

How would it be occupied by law?

So, for six years, that position will not be occupied and there will be no service delivery in that position?

The position can be occupied by law.

How would it be occupied by law?

In a substantial position?

Yes, one can be deployed by Public Service Management laws.

Thank you. When was Virginia appointed as the CEO of the board? Give us the specific dates.

Legal Counsel, you only have five minutes remaining to conclude your cross-examination.

Thank you, Mr. Temporary Speaker, Sir.When was she appointed? When did she assume the role of the CEO?

Ms. Virginia was appointed on 1st September, 2023.

1st September, 2023?

Yes.

By that time, to the best of your knowledge, had Virginia relinquished her previous position when she was being appointed or even sought leave of absence by that date? When did she seek leave of absence to make things easier for you? It was on 2nd October, am I right?

Let me confirm.

Kindly, refer to our documents, hon. Senators, at Volume 1B of the Governor's response at page eight. Do you find a letter where Virginia is now seeking leave of absence on 2ndOctober? Can you see it?

I can see it.

What is the date of that letter?

2nd October, 2020.

When did Virginia assume the role of the CEO?

She was appointed on 1st September.

1stSeptember?

Yes.

So then, this Virginia served in two positions for a whole month, am I right?

I cannot confirm, but as per the records, yes.

As per the records, yes.

Yes.

Do you not think that is an illegality where an officer serves in two positions without any justification?

Yes.

Thank you. You have relied on an advisory by the Board saying that the Governor's revocation was illegal, correct?

Yes.

Yes.

Thank you. You have relied on an advisory by the Board saying that the Governor's revocation was illegal, correct?

Yes.

Yes.

Do you not think there is a clear conflict of interest then where the Secretary of this Board sits and takes minutes and an advisory opinion is generated from the same Board?

Not true. The letter of revocation was addressed to the Chairman and it is the Chairman that responded. Nonetheless, responding to a letter does not require any minutes.

How are decisions of the board arrived at? Is it the Chairman who makes the decision or it is subject to the board's discussion, minutes and subsequent communication done?

I do not think there is any provision of the law that requires an advisory to be discussed in a board meeting, in my own opinion.

But you confirm that Ms. Virginia was the Secretary of the Board by the time the advisory was issued?

I confirmed she was the acting Chief Executive Officer (CEO) of the Board at that time. That disqualifies the earlier question that she served in two positions. I had forgotten, she was still appointed by the same Government as the acting CEO of the County Public Service Board (CPSB) . So, she was still at the CPSB.

You have relied on a provision of the law to say that the revocation was illegal. What position was that? In your view, what ought to have been the right procedure?

Mr. Temporary Speaker, Sir, with your indulgence, I see my time is up. At the beginning, we had been promised that we would reconsider the timelines upon lapse. I kindly request to be given half an hour to complete.

Legal Counsels from both sides, I need to make a ruling on the time issue. This time around, we have to be very stringent to the times allocated. We had agreed that the evidence and cross-examination will take four hours. The County Assembly’s side has taken three hours on one witness. We have given one hour for cross-examination. We are left with one hour.

Legal Counsel, you will advise at this point in time, how you are going to utilize the one hour you have. Are you going to bring all the three witnesses or how are you going to allocate your time? We have to come to an agreement that we shall give the one hour left to the County Assembly to give their evidence, and then allocate the Legal Counsel of the Governor one hour to cross-examine the evidence provided by the County Assembly. Legal Counsel, how will you utilize your one hour?

Thank you very kindly, Mr. Temporary Speaker, Sir. In response to your question, we have two more witnesses remaining on the part of the County Assembly. That is Ms. Aurelia Murangiri Kiramana and Ms. Hyrene Kawira Kamenchu.

You have relied on a provision of the law to say that the revocation was illegal. What position was that? In your view, what ought to have been the right procedure?

Mr. Temporary Speaker, Sir, with your indulgence, I see my time is up. At the beginning, we had been promised that we would reconsider the timelines upon lapse. I kindly request to be given half an hour to complete.

Legal Counsels from both sides, I need to make a ruling on the time issue. This time around, we have to be very stringent to the times allocated. We had agreed that the evidence and cross-examination will take four hours. The County Assembly’s side has taken three hours on one witness. We have given one hour for cross-examination. We are left with one hour.

Legal Counsel, you will advise at this point in time, how you are going to utilize the one hour you have. Are you going to bring all the three witnesses or how are you going to allocate your time? We have to come to an agreement that we shall give the one hour left to the County Assembly to give their evidence, and then allocate the Legal Counsel of the Governor one hour to cross-examine the evidence provided by the County Assembly. Legal Counsel, how will you utilize your one hour?

Thank you very kindly, Mr. Temporary Speaker, Sir. In response to your question, we have two more witnesses remaining on the part of the County Assembly. That is Ms. Aurelia Murangiri Kiramana and Ms. Hyrene Kawira Kamenchu.

Legal Counsel, we will find out if they have responded to the summons. However, the summons was done as per your request.

That is correct, Mr. Temporary Speaker Sir.

As I wait for that clarification, let us agree that you are going to utilize your one hour for one witness as you have indicated.

Yes, then we shall be advised on how to proceed with the other three witnesses. Of course, stepping on the traditions of the House, where the House has previously summoned witnesses and considered them to be the witnesses of the House. I am most humbled.

I will get clarification on that and get back to you.

Legal Counsel for the Governor, let us agree that we will stop with this witness now and proceed to the next witness within the one hour. We will decide if they are going to bring another witness within that one hour. Once they have completed the one hour, we will give you one hour to cross-examine whatever evidence they have produced.

Mr. Speaker Sir, this is a moral of the Motion. The bulk of the evidence and the case that is being presented before Senate is on the shoulders of this specific witness. So, we have a lot of questions for her. It would be quite unfair for our client if we do not pose all the questions that we needed. I humbly beg just for 25 minutes from the earlier minutes that are requested to conclude.

Legal Counsel, you can see the mood in the House. Senators do not want to go through the experience they went through the other time because of poor management of time. I can give you 20 minutes, but it is with a caveat. I give you 20 minutes, which I will take out from your one hour of the next cross-examination of the other evidence that will be brought here. Is that in order?

That is okay. I am getting a note from my Lead Counsel.

Very well. You have 20 minutes on your time.

Legal Counsel, you can see the mood in the House. Senators do not want to go through the experience they went through the other time because of poor management of time. I can give you 20 minutes, but it is with a caveat. I give you 20 minutes, which I will take out from your one hour of the next cross-examination of the other evidence that will be brought here. Is that in order?

That is okay. I am getting a note from my Lead Counsel.

Very well. You have 20 minutes on your time.

Yes, Mr. Temporary Speaker, Sir.

So, there is a matter that is active in court even as we stand before the Senate. Is that right?

Yes, Mr. Temporary Speaker, Sir.

That matter is yet to be heard.

Yes, Mr. Temporary Speaker, Sir.

So, should the Senators then proceed and find that the Governor violated by removing or rather revoking the appointment, would that not in any way affect the judgment that is pending before court? It would.

It would not simply because our contention is not on the dispute between the employee and the employer that is in court. Our contention according to the Motion is about violations. It is usurpation of the powers of the County Assembly of Meru contrary to Section---

Thank you. What is the dispute before court? How is it different from what the Senate is invited to listen to today? Is it not the same question of the Governor usurping the role and illegally revoking? Is that not the case that CPA Virginia Kawira has brought before the court?

CPA. Virginia Kawira is contesting a dismissal, and this Motion is contesting the usurpation of the powers of the County Assembly.

The charges you brought before the Senate are illegally revoking. Is that not dismissing her from office and terminating her employment?

Yes, without a vote of not less than 75 per cent of all Members of the County Assembly.

Is that not the same dispute before a competent court of law?

The contest in the court of law is a dispute between an employee and the employer. This dispute---

Sorry, you have answered the question. Who are the parties in that case? The Governor is a party in that case, is she not?

The Governor and Madam Virginia Kawira.

The Governor is a party?

Yes, Mr. Temporary Speaker, Sir.

The Governor is still a party in this proceedings? Hon. Zipporah Kinya: Yes, Mr. Temporary Speaker, Sir.

Thank you. Let us proceed to the issue of illegally dismissing Dr. Ntoiti, Paul Mwaki and others. I want you to go straight to your impeachment Motion now, and read the charges very quickly. Read the specific charge.

Yes, Mr. Temporary Speaker, Sir.