Monday, 19thAugust, 2024 Special Sitting

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the quorum Bell for 10 minutes.

Serjeant-at-Arms, ring the Quorum Bell for another 10 minutes.

Order, hon. Senators, we now have quorum. We are ready to proceed with the morning session.

Clerk, you may proceed to call the first Order.

A certified version of this Report

Hon. Senators, I have a communication to make relating to the business of the Senate, scheduled for consideration during this Special Sitting. On request of the Senate Majority Leader vide a letter referenced SEN/MLS/GKM/012/2024 dated 14th August, 2024 and the requisite number of Senators, I appointed today, Monday 19th August, 2024 and tomorrow, Tuesday, 20th August, 2024 as the days of Special Sittings of the Senate.

Hon. Senators, the Special Sittings convened vide Gazette Notice No.10123 dated 16th August, 2024 shall consider the following business-

Mr. Speaker, Sir, I beg to give Notice of the following Motion-

THAT, notwithstanding the Resolution of the Senate made on 15th February, 2024

, pursuant to Standing Order No.32

(4)

, the Senate resolves to extend the recess so as to resume Regular Sittings on Tuesday, 17th September, 2024, and that the Senate Calendar

(Regular Sessions)

for the Third Session, 2024, be altered accordingly.

Next Order. The Senate Majority Leader, proceed.

Thank you, Mr. Temporary Speaker, Sir. I beg to move the following Motion-

THAT, notwithstanding the Resolution of the Senate made on 15th February, 2024

, pursuant to Standing Order No. 32

(4)

, the Senate resolves to extend the recess so as to resume Regular Sittings on Tuesday, 17th September, 2024, and that the Senate Calendar

(Regular Sessions)

for the Third Session, 2024, be altered accordingly.

Mr. Speaker, Sir, this has been occasioned by something we are all aware of, that our recess has been interrupted and yet, recess is a very important period. There is work that goes on beyond the work that we do, either in committees or in the plenary, here in the House. Most of the time, committees take the recess period to expedite on work that is long standing before them, like Petitions and Bills. Members also get time to interact with their constituents. The work of a Senator is not an easy job. It involves a lot of twists and turns.

Being the only elected position in the Republic of Kenya that does not have specific funds set aside to carry out any development, this job of a Senator can be quite a task, especially with the mind of the average Kenyan voter who associates the work of an elected leader with physical, tangible projects. Therefore, in the absence of a Senator being present and carrying out their oversight responsibilities, many of them would otherwise be thrown out at the next election or easily be rendered politically irrelevant.

In fact, besides the position of Members of the County Assembly (MCAs) , I do not think there is any other position that has a higher turnover than that of a Senator. It is on account of that I specifically left out the position of a Women Representative because that is an affirmative action position. Therefore, that one presents its own unique challenges. However, a position that is open for contest for all citizens such as that of the Senate, by its architecture and design, I hope

A certified version of this Report that eventually when we get the opportunity to review this Constitution, we will do justice to the office of a Senator.

We should make it useful as was the intention, because when the people of Kenya voted for this Constitution, they were very clear about what they wanted, only that the fine print failed them. The spirit of what they intended to achieve with that of a Senator, is not what is actually before them by the office of a Senator.

Therefore, I was just saying that to remind Members of the importance of a recess period, especially in light of present-day conversation across the country where there is a push to have more accountability from both the national and the county governments, the citizens are increasingly demanding the voice of the MCAs and the Senate, which is the oversight wing of our county governments, to ensure that services are rendered to citizens. Therefore, I hope that with this change of calendar dates, Members will find time to go and be with their constituents, check on the progress of the ongoing works, and so on.

Therefore, that is the basis upon which you have made this simple request. With those very many remarks, I want to request the Senate Minority Leader to second this Motion.

The Senate Minority Leader (Sen. Madzayo): Asante Bw. Spika. Naunga mkono Hoja hii kwa sababu ni Hoja muhimu inayoikumba Seneti. Mara nyingi baada ya kwenda likizo tunaitwa turudi kwa sababu ya mambo ya dharura yanayotendeka katika nchi na yanahitaji Seneti kupeana mwelekeo.

Mara nyingi tumejipata baada ya kwenda likizo tunarudi hapa kwa sababu ya Hoja ambazo zinahitaji kuchukuliwa hatua. Pia ningependa kusisitiza ya kwamba position ya Seneta iko na changamoto sana. Katika positions zote zilizoko, Maseneta hawapati nafasi ya kutumia mgao wa pesa kikamilifu. Sio rahisi kupata kuwa Seneta amewekewa kitengo cha pesa anazoweza kutumia kwa miradi ya maendeleo. Mara nyingi Maseneta wanatumia pesa zao wenyewe.

Ni jambo muhimu kuzingatia ya kwamba mambo yaliyo mbele yetu ni mambo ya kitaifa. Kwa sasa tuko hapa kwa sababu ya jambo hili la gavana kuwachishwa kazi. Ni jukumu letu kuchukua hatua ya kufanya uamuzi dhidi ya hii kesi ya gavana Kawira. Itakuwa vyema ikiwa tutaweza kugeuza kalenda ili tuwapatie nafasi Maseneta ambao wamekuja, wako hapa, waweze kurudi na kushughulikia wananchi mashinani.

Naunga Hoja hii mkono. Asante.

Put the question.

Very well. I will now proceed to put the question.

Next Order.

A certified version of this Report

Very well. I will now proceed to put the question.

Next Order.

A certified version of this Report

Hon. Senators, please, take your seats. Welcome back to this Sitting. Before we proceed with the business that is before us, allow me to make the following Communication.

Hon. Senators, ladies and gentlemen, having dispensed with Order Nos.3 and 4 in today’s Order Paper and the pre-hearing meeting of Senators, which was a closed session, it is now time to commence the proceedings on the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County.

By a letter, Ref. No. MCA/RES/VOL.IV/79, dated Friday, 9th August, 2024, the Speaker of Meru County Assembly informed the Speaker of the Senate that at a sitting of Meru County Assembly held on Thursday, 8th August, 2024, Meru County Assembly approved a Motion for the removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County.

A certified version of this Report

The Speaker of the County Assembly of Meru forwarded the following documents to the Senate, being the record of proceedings of the County Assembly and the evidence adduced in support of the Impeachment Motion-

Thank you so much, Mr. Speaker, Sir. The Governor’s team is as follows-

The Governor, Her Excellency, Hon. Kawira Mwangaza, is present. My name is Elisha Ongoya, the Counsel leading the team of the Governor. I am assisted by-

Thank you. Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the County Assembly’s team, the Governor’s team, members of the public and the media to the Senate and to these proceedings.

Finally, I will now invite the Clerk to read the Charges against Hon. Kawira Mwangaza, the Governor of Meru County.

A certified version of this Report

Clerk, you may proceed.

Thank you. Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the County Assembly’s team, the Governor’s team, members of the public and the media to the Senate and to these proceedings.

Finally, I will now invite the Clerk to read the Charges against Hon. Kawira Mwangaza, the Governor of Meru County.

Hon. Senators, pursuant to Rule 17 of the Rules of Procedure as contained in the Third Schedule to the Senate Standing Orders, each party will have not more than 30 minutes to make their opening statements.

We will start with the County Assembly. The Floor is yours.

Hon. Senators, pursuant to Rule 17 of the Rules of Procedure as contained in the Third Schedule to the Senate Standing Orders, each party will have not more than 30 minutes to make their opening statements.

We will start with the County Assembly. The Floor is yours.

Mr. Speaker, Sir, I seek your guidance and leave before we make our address on Rule 10 of the Standing Orders and Article 50 of the Constitution, in respect to a preliminary issue that has arisen and Rule 14 as well. Any preliminary questions or issues raised by the County Assembly or the Governor shall be argued for not more than 30 minutes, unless the Speaker otherwise directs.

Mr. Speaker, Sir, I seek your guidance in respect to a communication that was done to this House by the County Assembly via a letter dated 17th August, 2024 and another one dated 18th August, 2024. In the letter dated 17th August, 2024, we sought the indulgence of this House to exercise its powers to summon a witness who was not within our ability; one CPA Virginia Kawira Miriti, who is currently the CEO of Meru County Public Service Board (CPSB) .

In our letter, we laid out the basis upon which our application is premised and also sought that she comes with any relevant information that relates to the proceedings before this House this morning. Currently, Virginia works at the County Government of Meru and she is the CEO who should speak to the various issues raised in our Motion.

Mr. Speaker, Sir, this means that she is an integral infrastructure in respect to laying the case and the basis of our Motion for impeachment, to the extent that if her availability is not secured, we will end up prejudicing the case for the County Assembly.

I also seek your guidance because we were served with the documents and responses from the Governor’s response team, and as correctly put and captured by your address this morning, we noted that there were some serious issues that had been raised. Some of them bordered between criminality or forgery of documents.

Mr. Speaker, Sir, in that respect, we noticed from the Governor’s response, a letter from Ms. Linda Gakii Kiome, the Legal Advisor to the Governor as at 23rd February, 2024. We equally noted a purported letter from Jacob Kirari, the Clerk of the County Assembly. This letter is purportedly received by the Speaker of the County Assembly of Meru.

Mr. Speaker, Sir, those two letters have been addressed and annexed as KM5, appearing on pages 11 to 12 of the Governor's response at Vol.1B. Additionally, the County Assembly of Meru seeks to summon one Linda to come and speak to the authenticity of that letter. When she saw the response, she filed an affidavit, which is yet to be placed on record before this honourable Senate, with the office of the Clerk of the Assembly, dated 18th August 2024.

The risk of us not summoning these two individuals, and especially Mr. Jacob to come and tell us whether the County Assembly ever received those letters from the County Governor, will be that we shall proceed based on evidence that has criminal liability and aspects. We will proceed to answer and hear a case and a defence that is tainted with illegality. That means that Article 50 of the Constitution on the right to a fair hearing, which must and shall not be derogated, shall be infringed. It is alleged by the response in paragraphs 54 and 56 of the Governor's response---

A certified version of this Report

I seek your guidance. I pen off that. We seek the summoning of Virginia Kawira.

A certified version of this Report

I seek your guidance. I pen off that. We seek the summoning of Virginia Kawira.

So, let us dispense with that first. Then you may proceed to make your opening statement.

Mr. Njiru Ndegwa: In the alternative, if these are not going to be summoned, we seek to expunge from the record the affidavit of one Nkanata Dickson Munene, and most importantly the offending paragraph three, and the Governor's response that has cited those particular letters that claim to be an illegality and a forgery. However, I would appreciate it if they were summoned.

I am most humbled.

I am humbled by the directions and the ruling of the Senate. Mr. Speaker, Sir, I shall take the first 15 minutes and equally share the same with my learned friend.

Mr. Speaker, Sir, you are being called this morning for the third time---

Thank you, Counsel for the Governor. Now, Counsel for the County Assembly has made two requests. One, to the effect that summons are issued to three additional witnesses to come and support the case of the County Assembly. Two, certain paragraphs of two affidavits be expunged.

This is the ruling of the Senate. The request to issue summons to three witnesses to come and support the case of the County Assembly is hereby granted. The request to expunge certain paragraphs of two affidavits is deemed premature at this juncture, and therefore it is denied.

Counsel for the County Assembly, you may now proceed to take not more than 30 minutes to make your opening statements.

Counsel for the County Assembly, if I heard the Counsel for the Governor correctly, the letter indicating that you had intended to summon Linda Gakii Kiome and Mr. Jacob Kirari was not made available to the Governor's Team. Let it be made available immediately.

You may proceed. Your time starts running from now.

A certified version of this Report

A certified version of this Report

The first step towards success is taking responsibility for your actions. The measures of one's character is attributed to the ability to manage the responsibilities that have been bestowed and granted unto you. What is your role if you cannot be held accountable and always blame others? When others are making that mistake and embezzling funds, where are you? What actions have you taken? We will bring cases where the County Assembly has attempted to hold the Governor accountable. Reports have been made before the County Assembly, summons issued and recommendations made, yet the Governor declines with contempt, ridicule and spite on the part of the County Assembly. That is the case that we have.

Hon. Senators, holding people accountable is a show of love. When you hold somebody accountable, you are simply saying, that you are capable of doing bigger things. This is not out of malice or any personal vendetta. It is to show the love that the County Assembly has for the people of Meru. We will present before you evidence that public participation was effectively carried out and 85 per cent of the participants gave a verdict that supports the County Assembly's case.

We will give you evidence that 49 Members of the County Assembly (MCAs) voted in support of the Motion. These are not the Governor's relatives neither do they have any fraternal association with her. They are people who are simply executing their mandate as bestowed on them by the Constitution. That is the simplicity of the case that we have. We will bring you evidence of a witness who is currently displaced from her matrimonial home, courtesy of the irresponsibility of the Governor and her inability to manage how she relates to the members of the public.

We will bring you the sniper's wife case, which is before the County Assembly. Not to prosecute the murder case, but to prosecute chapter six of the Constitution in respect to the Governor's inability to manage the county. Hon. Senators, as I pen off and invite my learned friend, we invite objectivity in the case. You shall be brought evidence by Governor Kawira. Former individuals who moved this Motion before for her impeachment have now been staged as witnesses.

What happened? What donned to this MCAs who just the other day, a few months ago, were moving for the impeachment of the Governor? Now they have become darlings of the Governor. Is that a conduct that is consistent with innocence, integrity, accountability and transparency? We will bring you that evidence. We will show you why this is a serious turn of events. Hon. Senators, kindly, allow me to invite Mr. Mawira for further submissions. I am most humbled.

Mr. Speaker, Sir, my name is Mwereru Boniface Mawira. I will proceed from where my learned Senior, Mr. Ndegwa, was left. As I was preparing to make this statement, I found myself pondering about this third impeachment process that is before you. The question that came to my mind is if Meru County Assembly is before you for the third time merely for the joy of it. Is it merely for the joy of it?

Hon. Senators, clearly and logically, there is a problem. The Meru County Assembly has diagnosed that problem. The Assembly is beseeching you to find a remedy and a cure to this problem. Meru County is ailing and this House has the proper medication for this problem. We are going to demonstrate through various testimonies and exhibits that we have already filed, that there is a serious breakdown of governance in Meru County.

How is the Meru County Assembly expected to function if its oversight function has been crippled by the County Executive? How is the Meru County Assembly expected to exercise its

A certified version of this Report oversight role if its summons, statements, resolutions and even recommendations are ignored and disregarded by the County Executive under the watchful eye, cover and protection of the Governor? The County Assembly summons witnesses to appear before it but members of the Executive do not heed such summons. What redress is the County Assembly left with other than coming before you?

This House is a protector of devolution and we beseech you to protect devolution that is on its deathbed in Meru County. Hon. Senators, we shall demonstrate countless discreditable acts, all of which amount to gross violation of the Constitution and other laws, abuse of office and gross misconduct. I am not belittling what my learned Senior said, that money has been lost. However, there is a lot of misinformation out there that for you to succeed in an impeachment process or for an impeachment charge to be upheld, you need to show that money has been lost or there was misappropriation.

I will refer to Article 181 of the Constitution and its replica in Section 33 of the County Governments Act. The Constitution talks about gross violation of the Constitution, gross misconduct or abuse of office. That provision is to be read holistically and together with Article 75(1) of the Constitution, which talks about the conduct of state officers. I will read it-

“A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids--

Mr. Speaker, Sir, my name is Mwereru Boniface Mawira. I will proceed from where my learned Senior, Mr. Ndegwa, was left. As I was preparing to make this statement, I found myself pondering about this third impeachment process that is before you. The question that came to my mind is if Meru County Assembly is before you for the third time merely for the joy of it. Is it merely for the joy of it?

Hon. Senators, clearly and logically, there is a problem. The Meru County Assembly has diagnosed that problem. The Assembly is beseeching you to find a remedy and a cure to this problem. Meru County is ailing and this House has the proper medication for this problem. We are going to demonstrate through various testimonies and exhibits that we have already filed, that there is a serious breakdown of governance in Meru County.

How is the Meru County Assembly expected to function if its oversight function has been crippled by the County Executive? How is the Meru County Assembly expected to exercise its

A certified version of this Report oversight role if its summons, statements, resolutions and even recommendations are ignored and disregarded by the County Executive under the watchful eye, cover and protection of the Governor? The County Assembly summons witnesses to appear before it but members of the Executive do not heed such summons. What redress is the County Assembly left with other than coming before you?

This House is a protector of devolution and we beseech you to protect devolution that is on its deathbed in Meru County. Hon. Senators, we shall demonstrate countless discreditable acts, all of which amount to gross violation of the Constitution and other laws, abuse of office and gross misconduct. I am not belittling what my learned Senior said, that money has been lost. However, there is a lot of misinformation out there that for you to succeed in an impeachment process or for an impeachment charge to be upheld, you need to show that money has been lost or there was misappropriation.

I will refer to Article 181 of the Constitution and its replica in Section 33 of the County Governments Act. The Constitution talks about gross violation of the Constitution, gross misconduct or abuse of office. That provision is to be read holistically and together with Article 75(1) of the Constitution, which talks about the conduct of state officers. I will read it-

“A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids--

Yes. Thank you, Mr. Speaker, Sir. In summary, joining issues with the submissions made by my learned friend, especially on the issue of the attempted arson, it is not a coincidence that attempts to burn down the County Assembly of Meru was at the night of 8th August, 2024, when the County Assembly was seized with the impeachment Motion. It is not a coincidence that individuals have been charged before the court of law as a result of that attempt.

Hon. Senators, the proposals being made out there, some of which are constitutional, including the dissolution of the County Government of Meru is not a solution to the problem that we have. Why? This is because we have identified the problem. The problem is one individual, Governor Kawira. It is a problem of mismanagement and accountability, which rests with Governor Kawira. Service delivery has been compromised. We will play to you videos of babies being born outside a health centre in a karai.

A certified version of this Report

The facility is closed at 11.00 o'clock in the morning when you expect it to be fully functional. No service is being delivered and expectant mother delivers outside. The people of Meru County expected that with the inception of devolution and with the health sector being apportioned to the County Government of Meru, they will have proper stewardship, proper managers and people who care about the health status of the people of Meru County.

As we speak, no explanation has been ever given by the Governor on why an expectant mother had to deliver outside a facility in a karai ya maji. That is a pathetic situation in Meru County. No apology has ever been given by the Governor. No actions has ever been taken to ensure that such action does not occur. No disciplinary actions taken in respect to that particular facility.

That is the case for the County Assembly. We urge you, hon. Senators, to listen to us, give us time to substantiate the simple charges that we shall place before you. It is a case of mismanagement, unaccountability, bad governance, a Governor gone rogue, victimization of the officers serving under the office of the Governor, a case of making sure that systems clog to the benefit of few individuals. That is the simplicity of our case.

We will present you with concrete evidence to prove that simple case; the case that meets the threshold as enshrined in Article 181 and as read together with Section 33 of the County Governments Act. It is a case about the status of the Governor of the Meru County Government. As I pen off, some of the proposals being made can be resolved with actions being taken before this Senate.

Most obliged.

I will now invite the Counsel for the Governor to proceed to make an opening statement. Your time starts running from now. Not more than 30 minutes.

Thank you, Mr. Speaker, Sir. I will do five minutes. My learned senior, Mr. Ongoya, will do the remaining bit. Before I cede ground to my learned friend, I thought that I should remind you of remarks made by the team representing the County Assembly in November, 2023 when we were here for the last impeachment. Counsel representing the County Assembly predicted or rather prophesied that we will be back here.

Counsel then was very quick to put a disclaimer that though he is not a prophet, neither does he come from a family of prophets, he was sure that we would be here. For sure, we are here today. So, the question is, if counsel was not a prophet neither does he come from a family of prophets, how could he predict with precision that indeed we will be here and the prediction comes to pass?

Hon. Senators, I came across a quotation by Abraham Lincoln and Peter Drucker who said, the surest way to predict the future is to create it. So, they went and created this moment. That is why they were able to predict that we would be here. They created another impeachment while they were still standing, prosecuting their previous impeachment Motion. How did they do this? We will have evidence to show that one day after the Senate discharged the Governor of all the charges, they were gathered in Nairobi, retreats were held to create a new impeachment Motion based on lies. So, the people before you today, the County Assembly of Meru, are pathological liars.

I will now invite the Counsel for the Governor to proceed to make an opening statement. Your time starts running from now. Not more than 30 minutes.

Sen. Mungatana, you will have an opportunity to make intervention on this opening statement when the time arises.

What is your issue on the use of language? Are you saying there is a language that is unparliamentary?

A certified version of this Report

They went and created lies. Not just the ordinary lie, but pathological lies. A pathological lie is a lie that is not only untrue, but a lie that is created and believed by the very person who has created that lie. What they did is to create a lie---

Sen. Mungatana, you will have an opportunity to make intervention on this opening statement when the time arises.

What is your issue on the use of language? Are you saying there is a language that is unparliamentary?

Mr. Speaker, Sir, I am not making any intervention but just to point out that as a Senate, we must obey the rules. “Lies” should not be a language that is allowed here.

Sen. Mungatana, if it is their case that the County Assembly is lying, then they can say so. This case is before two parties; the Governor and the County Assembly. The Governor is saying that we are being fed with untruths. You may want to romanticize that word, but say as it is because it is what it is. If in their own case, whatever has been presented to the Senate is not true, they are warranted to state as they are calling it now; a lie.

Proceed, counsel.

Thank you, Mr. Speaker, Sir. I hope my time was frozen when the intervention came.

Indeed, Mr. Speaker, Sir, our case is that simple. That what you are being fed with are lies that were created while we were still on the Floor of this House defending the previous Motion. So, my choice of the word “lie” was very deliberate.

The argument is that the County Assembly has created and told the lie and repeated it so many times that it started sounding like the truth. They actually went ahead and believed that lie and want everyone else in this room and the entire country to believe in it. When we look at them in the eye and tell them it is a lie, they get bitter and mad. They accuse Senators of being bribed and the Governor because they want us to believe a lie that they have created and believe in.

Hon. Senators, Shakespeare states that; a rose by any other name shall still smell as sweet. No matter how much mud they smear on the Governor, she will remain clean and blameless. All they are hoping is that they will bring the Governor so many times here and that they will keep on repeating one thing so that we all believe that, indeed, there might be some truth in it. It does not make it the truth just because they keep on repeating that same lie.

Hon. Senators, you are sitting here as judges. Analyze and scrutinize the evidence. Ask questions to the witnesses that we will produce here. If it does not add up, send them back. Tell them it is a lie and the fact that you are repeating that lie will not make it the truth.

I yield to my learned friend to proceed.

Thank you, Mr. Speaker, Sir, and distinguished Senators. For the record, once again, my name is Ongoya.

Mr. Speaker, Sir, in view of the early interventions, may I know how many minutes I still have for ease of time management?

A certified version of this Report

Mr. Speaker, Sir, on 8th November, 2023, I had the privilege of appearing before the Senate and addressing this House on a Motion for removal from office of Governor Kawira Mwangaza. That was the third attempt that had been made to remove Her Excellency, Hon. Kawira Mwangaza, from office by impeachment. It was, however, the second time that attempt was reaching this House. As I stand here today, this is the fifth attempt to remove Hon. Governor Kawira Mwangaza from office, although it is the third time for those attempts to reach this House.

Mr. Speaker, Sir, and distinguished Senators, it means that between the time we came here and today, two attempts have been made to remove this Governor from office, between 8th November, 2023, and today. That determination on the part of the County Assembly either smirks of extreme commitment to salvage Meru County from some funny evil or extreme malice. I submit respectfully that I doubt that there can be any middle ground.

In my oration before this House on 8th November year, I said, and I quote- “It matters not whether she shall be brought here 100 times. You cannot victimise her because those who torment her are tireless in their torments against her.”

I retrieved these words from the HANSARD of this House. Let me take a step back and ask: why did I include these words in my oration? I said those words because while we were before this debating that Motion, the Mover of the present Motion sounded a warning to this House. We did not have an opportunity then to adduce that evidence because we had already finished our filings.

We have an opportunity now to adduce this evidence. She said, and I quote- “I want to urge our Senate, if they reinstate Kawira Mwangaza, they should know we have six more times to impeach her.”

When we were here debating the last Motion, they did not need any new grounds. They were sounding a warning to this House that if you release her, they shall come back here six times. If you reinstate her, they will impeach her until the sixth time, so that they tell the people of Meru County that they did their best. That is to mean that they tried to impeach but the Senate reinstated her.

At an appropriate time, not now, we shall play for you Clip VKM1, where you will hear those words verbatim. It means we are here today as a matter of statistical count on the part of Hon. Zipporah Kinya. She has five more times to go.

The question is, hon. Senators and with due respect, what can you do as a House tasked to protect devolution to stop this plainly nefarious use of the impeachment power? Let me pose the critical question on the mind of everybody, including mine. What is ailing Meru County?

Mr. Speaker, Sir, and distinguished Senators, I make an argument that this question will attract both negative and positive answers. The negative answer is useful for the determination of the matters before you, while the positive answer is useful for a long-term engagement with Meru County. The negative answer is this-

The problem with Meru County is not Her Excellency Hon. Kawira Mwangaza. With humility, let me repeat in clear, unambiguous and unequivocal terms. Nothing in the acts or omissions on the part of Hon. Kawira Mwangaza warrants her removal from office by way of impeachment, at least as far as that principle is established by law.

Let me try to deal with the positive answer. To help us supply a positive answer to this question, we have lined up Hon. Evans Mawira Kaaria, a witness for the Governor in these proceedings. Hon. Evans Mawira is significant to these proceedings in four significant ways-

Thank you, Mr. Speaker, Sir.

A certified version of this Report

Mr. Speaker, Sir, on 8th November, 2023, I had the privilege of appearing before the Senate and addressing this House on a Motion for removal from office of Governor Kawira Mwangaza. That was the third attempt that had been made to remove Her Excellency, Hon. Kawira Mwangaza, from office by impeachment. It was, however, the second time that attempt was reaching this House. As I stand here today, this is the fifth attempt to remove Hon. Governor Kawira Mwangaza from office, although it is the third time for those attempts to reach this House.

Mr. Speaker, Sir, and distinguished Senators, it means that between the time we came here and today, two attempts have been made to remove this Governor from office, between 8th November, 2023, and today. That determination on the part of the County Assembly either smirks of extreme commitment to salvage Meru County from some funny evil or extreme malice. I submit respectfully that I doubt that there can be any middle ground.

In my oration before this House on 8th November year, I said, and I quote- “It matters not whether she shall be brought here 100 times. You cannot victimise her because those who torment her are tireless in their torments against her.”

I retrieved these words from the HANSARD of this House. Let me take a step back and ask: why did I include these words in my oration? I said those words because while we were before this debating that Motion, the Mover of the present Motion sounded a warning to this House. We did not have an opportunity then to adduce that evidence because we had already finished our filings.

We have an opportunity now to adduce this evidence. She said, and I quote- “I want to urge our Senate, if they reinstate Kawira Mwangaza, they should know we have six more times to impeach her.”

When we were here debating the last Motion, they did not need any new grounds. They were sounding a warning to this House that if you release her, they shall come back here six times. If you reinstate her, they will impeach her until the sixth time, so that they tell the people of Meru County that they did their best. That is to mean that they tried to impeach but the Senate reinstated her.

At an appropriate time, not now, we shall play for you Clip VKM1, where you will hear those words verbatim. It means we are here today as a matter of statistical count on the part of Hon. Zipporah Kinya. She has five more times to go.

The question is, hon. Senators and with due respect, what can you do as a House tasked to protect devolution to stop this plainly nefarious use of the impeachment power? Let me pose the critical question on the mind of everybody, including mine. What is ailing Meru County?

Mr. Speaker, Sir, and distinguished Senators, I make an argument that this question will attract both negative and positive answers. The negative answer is useful for the determination of the matters before you, while the positive answer is useful for a long-term engagement with Meru County. The negative answer is this-

The problem with Meru County is not Her Excellency Hon. Kawira Mwangaza. With humility, let me repeat in clear, unambiguous and unequivocal terms. Nothing in the acts or omissions on the part of Hon. Kawira Mwangaza warrants her removal from office by way of impeachment, at least as far as that principle is established by law.

Let me try to deal with the positive answer. To help us supply a positive answer to this question, we have lined up Hon. Evans Mawira Kaaria, a witness for the Governor in these proceedings. Hon. Evans Mawira is significant to these proceedings in four significant ways-

Counsel for the Governor, your time is up.

A certified version of this Report

I repeat, distinguished Senators, Vol.1 of the document in front of you from the County Assembly, which essentially is the Impeachment Motion, is simply and squarely a manifesto of lies. This language is actually strong, and I begin by conceding that, and it requires justification. Let me therefore proceed to justify by making a promissory note.

I promise you that at the tail end of this hearing, you will have discovered the following- First, when you will retire to consider count one, paragraph four of the Impeachment Motion before you, it will read-

“Illegally dismissing Dr. Ntoiti, CEO, County Revenue Board; Mr. Paul Mwaki, CEO of Liquor Board; Mr. Kenneth Kimathi Mbae, Managing Director of Meru Finance Corporation; and, Mr. Joseph Kithure Mberia, CEO MWAS, in the usurpation of the powers of the appointing authorities.”

When you look at the Motion you dispensed with last November, count No. four, you will see paragraph 16(b) it will be the same about sending persons on indefinite compulsory leave. You are re-debating the same matter you debated and voted on here in all its substantive content.

Secondly, when you look at Count three, paragraph three of the Motion before you, you will find a charge of allegation of employing a bloated workforce of at least 111 personal staff in the Governor's Office.

Good people, Count four, paragraph G of the last Impeachment Motion read- “Employing a bloated workforce, more than 100 personal staff in the office of the Governor.

In Kiswahili, they say, “Ukistaajabu ya Musa utayaona ya Firauni.” You will be surprised that the documentary evidence, the piece of paper that was used to support count four, paragraph G of the last Impeachment Motion, is the same piece of paper with the same names in the same order that has been attached to the Motion before you. That thing that you voted and said has not been proved. I think the County Assembly is trying to embarrass this Senate so that if you vote to the contrary, there will now be in the blogosphere saying how inconsistent you are in your decision making.

Evidence will show that any attempt by the County Public Service Board (CPSB) of Meru to add any staff in the Governor's Office since November, the Governor has responded by declining those staff and saying-

“You employ staff and send them here, and then you will take me to Senate.” You will see those letters of the Governor rejecting any staff. There is no additional staff with the Governor's approval in her office since we left here. The words used by the Governor in her rejection letter are that “you are sending here this staff to create grounds for my impeachment.”

Allow me to then give you a promissory note on what my colleague, Mr. Mutuma, addressed here. You will come across the following claims at the end of this impeachment exercise that are factually false-

Counsel for the Governor, your time is up.

My apologies.

I will give you one more minute.

A certified version of this Report

Hon. Senators, kindly be upstanding.

A certified version of this Report

Hon. Senators, it is now 12.49 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until today, Monday, 19th August, 2024 at 2.30