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.

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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-

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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 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.

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

Next Order.

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.

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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-

Table of the Assembly on Wednesday, 31st July, 2024 (Afternoon Sitting);

(ii) Copy of exhibits - laid on the Table of the Assembly on Wednesday, 31st July, 2024 (Afternoon Sitting);

(iii) Order Papers for the Assembly sittings of Wednesday, 31st July, 2024, (Afternoon Sitting), Tuesday, 6th August, 2024 (Afternoon Sitting) and Thursday, 8th August, 2024 (Morning Sitting);

(iv) Certified Hansard Reports for the Assembly sittings of Wednesday, 31st July, 2024 (Afternoon Sitting), Tuesday, 6th August, 2024 (Afternoon Sitting) and Thursday, 8th August, 2024 (Morning Sitting);

the Governor of Meru County to respond to the tabled Impeachment Motion;

(vi) Affidavits of Service:

of Meru County with an invitation letter and copy of the laid Notice of Impeachment Motion on behalf of the Speaker of the County Assembly of Meru;

Governor of Meru County with a copy of the laid Notice of Impeachment Motion on behalf of Hon. Zipporah Kinya; and,

forwarding to H.E. the Governor a copy of the laid report on public participation on the Notice of Motion.

(vii) Certified copy of a form for verification of signatures for Members in support of a Motion for removal of the Meru County Governor, by impeachment, dated 8th August, 2024, made pursuant to the provisions of Standing Order No.65 (4);

(viii) Certified copy of the Roll Call Vote on the Motion for the impeachment of H.E. the Governor of Meru County held during the Assembly Sitting of Thursday, 8th August, 2024;

(ix) Documents tabled during the debate on the Motion for Removal of the Governor of Meru County by impeachment:

for one Matiri Kenneth Mutua dated 13th February, 2023,

Reference Number CGM/CPSB/APPT/VOL.3/2023(22);

Vo1.3(390);

A paved the way for the investigation on the proposed removal from office by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County, to be heard in Plenary.

Hon. Senators, ladies and gentlemen, by way of a status update, pursuant to Rules 4(a) and 6 of the Rules of Procedure when considering the proposed removal of a governor in plenary, the Senate invited the Governor to appear and be represented before the Senate during the investigation.

The Senate further invited the Governor, if she so chooses, to appear before the Senate to file an answer to the charges with the Office of the Clerk of the Senate by 5.00 p.m. on Saturday, 17th August, 2024, setting out-

person and by advocate;

(iii) The names and addresses of the persons to be called as witnesses, if any, and witness statements containing a summary of the evidence to be presented by such witnesses before the Senate; and,

(iv) Any other evidence to be relied on. Pursuant to Rules 4(b) and 7 of the Rules of Procedure, when considering the proposed removal of a governor in plenary, the Senate notified the County Assembly of the date for the commencement of the investigation and invited the County Assembly to designate Members of the County Assembly, who shall appear and be represented before the Senate during the investigation.

The County Assembly was further invited, if it so chooses, to appear before the Senate to file with the office of the Clerk of the Senate by 5.00 p.m. on Saturday, 17th August, 2024, setting out documentation as follows-

represent the Assembly in the proceedings before the Senate;

(ii) Indicating the mode of appearance before the Senate; whether in person, by advocate, or in person and by advocate;

(iii) Indicating the names and addresses of the persons to be called as witnesses, if any, and witness statements containing a summary of the evidence to be presented by such witnesses before the Senate; and,

(iv) Specifying any other evidence to be relied on. Hon. Senators, ladies and gentlemen, on Saturday, 17th August, 2024, the Office of the Clerk of the Senate received a response, Ref. No. HKM-CAM/IM-24/CGA/2024-034, to the Invitation to Appear issued to the Governor, dated 17th August 2024, from M/s Mutuma Gichuru & Associates Advocates, who indicated that the Governor had appointed the firm to represent her in the proceedings before the Senate and that the Governor would also appear in person and by advocates. The letter also indicated the list of counsel representing the Governor and the list of witnesses for the Governor.

Similarly, on 17th August, 2024, the office of the Clerk of the Senate received a response, Reference No.1/CAM-001/ab/24, dated 17th August, 2024, to the invitation to appear issued to the County Assembly from M/s A&B Advocates LLP, indicating that the firm had been appointed to represent the County Assembly. The letter also indicated the advocates representing the County Assembly and the witnesses for the County Assembly.

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Pursuant to Rule 8 of the Rules of Procedure when considering the proposed removal from office of a governor in plenary, on Saturday, 17th August, 2024, the Clerk of the Senate furnished each party with the documentation filed by the other party in accordance with Rules 6 and 7 of the Rules of Procedure.

Hon. Senators, ladies and gentlemen, the hearing programme, which has been appended in today’s Order Paper, details the various activities in the hearing and determination of the matter and the time allocated to each activity. It will be crucial, therefore, that all the parties comply with the time allocated. The parties will be notified of the balance of time on each activity through the Clerks-at-the-Table.

In summary, the programme states that today, Monday, 19thAugust, 2024, after we have dispensed with preliminary matters, the charges against the Governor, as submitted by the County Assembly, shall be read. The Governor will be given an opportunity to take a plea on the charges. This will be followed by an opening statement by the County Assembly and, thereafter, by the Governor.

After the conclusion of the opening statements, the presentation of the case of the County Assembly shall commence. After presentation of the case by the County Assembly, hon. Senators will be given an opportunity to ask questions or seek clarifications from the County Assembly. This should take us up to the end of today’s sitting.

At the sitting scheduled for tomorrow, Tuesday, 20th August, 2024, the Governor will have an opportunity to present her case before the Senate. Hon. Senators will also be given an opportunity to ask questions or seek clarifications from the Governor, following which the closing statements by the parties will be made for a period not exceeding one hour each.

The Senate shall then proceed to a debate prior to voting on each of the Charges. At this stage, a supplementary Order Paper will be issued to facilitate this debate.

In accordance with Section 33 (7) of the County Governments Act, 2012 and Standing Order No.80(6) of the Senate Standing Orders, the voting shall be by county delegations.

The Governor shall cease to hold office if a majority of all county delegations of the Senate vote to uphold any impeachment charge. If, however, the vote in the Senate fails to result in the removal of the Governor, pursuant to Standing Order No.80(7), the Speaker of the Senate shall notify the Speaker of the Meru County Assembly accordingly.

Hon. Senators, ladies and gentlemen, I now invite the Counsel for the Meru County Assembly to introduce the legal team of the County Assembly and the Members of the Meru County Assembly representing the County Assembly by stating the full name and designation of each person.

You may proceed.

Thank you. Order, hon. Senators. Sen. Faki, take your seat, please. I now invite the Counsel for the Governor to introduce the legal team representing the Governor by stating the full name and designation of each person.

You may proceed, Counsel.

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.

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Clerk, you may proceed.

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Yes, Mr. Speaker, Sir.

Are you still on the preliminary issue?

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Mr. Njiru Ndegwa: 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.

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Mr. Njiru Ndegwa: 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.

Counsel for the Governor, what say you in response to that request?

Mr. Elisha Ongoya: Mr. Speaker, Sir, there appears to be multiple requests wrapped up as one. So, I will respond to it as follows. There is a formal request before this House for the summons to Virginia Kawira as a witness. We have no objection to that.

There is a statement made by the counsel that he has to produce relevant documents. Now, one of the things that these rules of procedure frown upon is trial by ambush. Therefore, we concede to summons to Virginia Kawira to attend this Senate and make such comments as are necessary on the documents already filed and shared between the parties.

On the request in respect of the summons for Linda Koome, we have not been served with any such request. We are hearing it for the first time here. We also do not know the justification for that because there is no document, letter or request served upon us.

On the request to expunge the affidavit or part of the affidavit of Dickson Munene Nkanata, and certain paragraphs from the response, our reply is simple. Evidence, the credibility or otherwise of evidence, is tested in cross-examination. We shall present each of these witnesses here. The Assembly side will have an opportunity to test whatever theories and hypotheses they have about the candour of their testimony by an instrument of cross-examination.

We humbly submit.

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.

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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. Boniface Mwereru Mawira: 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

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. Mr. Njiru Ndegwa: Mr. Speaker, Sir, you are being called for the third time to interrogate the character and the ability of Governor Kawira to govern the County Government of Meru. It is unusual that an individual can be called and be brought before this Assembly without a reason. There is a fundamental reason that underlies her ability to govern.

You are being called for the third time to interrogate the ability of Governor Kawira to manage the resources of the County of Meru. You are being called upon, for the third time, to interrogate the ability of Governor Kawira to ensure that there is effective service delivery to the people and residents of Meru County.

Accountability is a measure of leadership. Accountability is the ability of an individual to be held to account for her actions. It is not a call for interrogating the weakness of an individual, but the ability of that individual to execute her constitutional mandates. For the third time, there cannot be malice. This cannot be a personal vendetta. There is no relationship that is unconstitutional between the Governor and the County Assembly that can make the County Assembly aggrieved on behalf of the people of Meru County for the third time. Accountability is the gateway to earning trust.

We are here because there is a serious trust deficit with the ability of Governor Kawira to govern the County of Meru. We shall bring evidence before you of reckless statements that fly over the face of chapter six of the Constitution in respect of the ability of an elected leader at the status of a Governor to be able to earn confidence in the office that she holds. We will show you how families are broken down courtesy of reckless statements that are unaccountable, made and attributed to the Governor.

Mr. Speaker Sir, we shall bring before you evidence of how money and resources that Kenyans are on a day-to-day basis working hard to generate are being misused at the heart and the behest of the Governor’s inability to govern the resources, to manage the County Government of Meru and to be in charge of the county.

That is the case that we have before you. When she is called to answer to the same, she always has an escape route. She has manufactured a serious safety valve that makes sure that she is never held to account for her actions. She blames others. She keeps on saying, that it was not her. As we speak, she is in charge of the county that has embezzled Kshs212 million courtesy of maintaining a manual payroll; hard-earned money due to the inability to manage the county.

We have a Governor who is serving in the Meru County Government and is unable to manage her Human Resource (HR) . When proper procedures are called out by the employees, they are victimized because she wants to maintain a system that is not accountable. This House has risen to the occasion. Whenever I appear before this House, I leave with confidence that whether we win or lose the case, this House has done its work.

This is the House that will go down in the history of this Republic as one that has been out to hold individuals accountable, irrespective of gender or political association. This House has remained true to its calling. It has remained very impartial to the processes. That is why we are bringing a case against Governor Kawira for the third time because we have confidence that this House will look through the facts of the case and dispense with substantive justice.

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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. Boniface Mwereru Mawira: 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 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--

conduct as a state officer, whether in public and official life or private life, would equally meet the threshold for impeachment. I will not state names, but we have seen in this very Republic, gross misconduct by state officers elsewhere. They have been held to account notwithstanding that there was no loss of money.

Mr. Speaker, Sir, we will show you specific acts by the Governor in her own name. Therefore, the defense of; “it was not me” does not avail itself. Of course, attempts have been made by the Governor to deflect these specific acts on her part, including, forgery of documents. Those documents have been filed and are before you, hon. Senators.

Those documents which the County Assembly has are outright forgeries. They are meant to hoodwink and deflect the attention of this House from the real issues. For example, that forgery relates to a specific act by the Governor in revoking the appointment of the Chief Executive Officer (CEO) of the Meru County Public Service Board. Letters have been forged to cover up and hoodwink this honourable House to divert attention from that specific act in her own name by her own signature and under her own hand.

Mr. Speaker, Sir, we are going to demonstrate that the Governor has persisted in a path of impunity through the County Secretary and the Chief of Staff. This has been raised in previous impeachment proceedings and the Governor said it was not her. Luckily, the law envisages such a situation as the one before you where, a state officer or a public officer says; “it was not me, it was so-and-so”.

Section 24 of the Public Officer Ethics Act and Section 35 of the Leadership and Integrity Act are about the conduct of a state officer acting through others. Those provisions are expressed that public officer is still liable for the acts that are done through others. So, even if

A that act was done by someone else, the law envisages that acting through others is not a defense to certain acts by the state officer.

What recourse does the County Assembly have if it made recommendations pursuant to previous impeachment proceedings that the Governor takes action against these specific officers? The Governor disregarded and ignored those recommendations of the Assembly. So, should the County Assembly sit pretty as this cabal of officers continues to take Meru County down the drain? These officers must be stopped in their tracks.

Mr. Speaker, Sir, the events leading to this day, the fact that this Motion is before you, are what I would call an act of grace by God Himself. That, the County Assembly has an opportunity to be heard before this House today. There have been many threats, intimidation and attempted arson to the County Assembly on the eve of the debate of the impeachment Motion yet this is the County Assembly that is expected to oversight the Governor.

Clearly, all attempts have been made to hamstring the County Assembly and this House, in the exercise of its oversight mandate. At some point, we were told that the County Assembly and even this House does not have jurisdiction, that, we should appear before Njuri Ncheke for hearing of the charges.

The Governor will, of course, tell you that the County Assembly is abusing its oversight role. That, the County Assembly has been held captive by some external forces. However, my question is: How is that an answer to any of the charges? For instance, how is that an answer to the allegation that the Governor illegally revoked the appointment of the CEO of the Meru County Public Service Board by her own hand, signature and name? How is this purported capture by external forces a response to these specific allegations against the Governor?

Many other attempts will be made to divert attention from the real issues. Videos will be played by some common man or ordinary people in Meru abusing even this honourable House, the Speaker and the Senators saying that this is a House of greed and bribery. How is that an answer to the specific charges?

All these videos are not by Members of the County Assembly (MCAs) or elected leaders, they are just by wannabes or whatever you may call them. Probably, even political activists. There is a real attempt to shift your attention from the issues that are in the Motion, so that you consider other extraneous material that is not in any way associated with the County Assembly and of course, pass a verdict that is not just to the County Assembly. Although leadership is vested in a state officer, it is a public trust. Pursuant to Article 73, it should be exercised in a manner that promotes public confidence and integrity of that office, bring honor and dignity to that office and should equally demonstrate respect for the people.

We are going to play video evidence before you of some utterances by the Governor that are not only insensitive, but actually, fall short of the constitutional requirement that, a Governor, in his or her conduct, should demonstrate respect for the people.

Mr. Speaker, Sir, all these allegations fall within chapter six of the Constitution of Kenya, specifically, Article 75 which provides that; any person who is involved in conduct that falls short of the constitutional requirements, may be dismissed or otherwise removed from office. So, this is not an invention of the County Assembly, it is the Constitution.

The Constitution says that such conduct is not only to be rebuked or condemned, but it is conduct that amounts to grounds for removal from office. Of course, the underlying tone of the Governor's response, that is, a posture that she will take when she takes the stand is that; she is a victim of misogyny, male chauvinism, toxic masculinity and all these other gender attacks

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.

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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.

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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.

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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-

Just proceed. It shall be indicated to you as you proceed. Mr. Elisha Ongoya: Thank you, Mr. Speaker, Sir.

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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-

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Assembly, carrying with him a measure of institutional memory.

(ii) He is the immediate former Leader of Majority in the County Assembly of Meru, therefore exposed to the workings of that Assembly to a fairly high level.

(iii) He was the Mover of the Impeachment Motion against the Governor that engaged us here in November, 2023. Therefore, he is best placed to explain to us the undertones and intricacies in those proceedings.

(iv) He will give us a detailed account on how these Impeachment Motions are conceptualized and what is the thinking behind them.

Mr. Speaker, Sir, distinguished Senators, at this juncture I can do no better than to take refuge in the voice of one of Africa's perhaps best literary experts, Chinua Achebe, whose voice continues to address us as follows-

“If the alligator were to come from the water and tell us Mr. Crocodile is sick, who are we to doubt him?” Mr. Evans Mawira Kaaria will play that role today.

Mr. Speaker, Sir, allow me to derive some lessons from the teachings of an American jurist by the name Robert Jackson. He is a jurist worth listening to or reading from for three reasons-

First, he served as the Federal Attorney General of the United States of America. Secondly, he served as the prosecutor at Nuremberg; and thirdly, he served as an associate justice of the Supreme Court of America. No other jurist in America's or world history has met this combination of influential portfolios in his lifetime this far.

On 1st April, 1940, at 10.00 a.m., Mr. Robert Jackson delivered a speech to the Second Annual Conference of the United States Attorneys, and he was reflecting on the power of prosecutors. I would juxtapose that with the power of impeachers. He observed-

“The prosecutor has more control over life, liberty and reputation than any other person in America. His discretion is tremendous. While the prosecutor at his best is one of the most beneficent forces in our society, when he acts from malice or other base motives, he is one of the worst. If the prosecutor is obliged to choose his cases, it follows that he can choose his defendants and therein lies the most dangerous power of the prosecutor, that he will pick people that he thinks he should, rather than cases that need to be prosecuted.

In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it. It is a question of picking the man, then searching the law books, and putting investigators to work to pin some offense on him.

It is in this realm in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons, and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes being unpopular with the predominant or governing group.”

Distinguished Senators, I want to make it unequivocal here. The County Assembly of Meru has not discovered wrongs against Governor Kawira Mwangaza. It has discovered Hon. Kawira Mwangaza first, and has put anything and everything at play to say “what allegation we can we make against her to possibly embarrass her.”

Allow me to make some general comments on the Impeachment Motion before you, conscious of the language of this House, but again mindful to speak the truth in its most manifest form.

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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-

recommendations of the County Assembly requiring the governor to dismiss the County Secretary, Dr. Kiambi Atheru, and the Chief of Staff, Mr. Harrison Gitobu Nchamba.

implementation of the recommendations within 60 days.

Counsel for the Governor, your time is up. Mr. Elisha Ongoya: My apologies.

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Assembly of Meru had raised this question with the County Executive on whether there is a manual payroll. The County Executive had answered satisfactorily that there was no longer use of a manual payroll in the County Government of Meru.

have been use of manual payroll previously, will show use of manual payroll in the county itself as well in the same financial year.

We are not here to equal terms. We are making a simple case that the procedure of processing the Integrated Payroll Personnel Database (IPPD) numbers takes time. Therefore, the employees who are in the meantime accommodated on the manual payrolls are there for the limited purpose when we are waiting for the Directorate of Personnel Management (DPM) in the Ministry of Public Service and Human Capital Development to generate IPPD numbers.

Mr. Speaker, Sir, these are nursery school teachers whom we cannot keep for eight months as they wait for their IPPD numbers before they begin earning. There is no allegation of loss of any coin in these circumstances.

I have addressed the issue of the alleged bloated workforce in the Governor's office, but they have said there are 111 personal staff in the Governor's office. As a matter of fact, we do not have 111 personal staff in the Governor's office. It is simply not true.

On the allegation that one Kiambi Chrispus Manyara was paid-

is not the head of the County Public Service involved in interdiction or

suspension of staff.

does not process or pay any staff of the county government.

Mr. Speaker, Sir, and the distinguished Senators, I have spent my two minutes to address certain overall---

Mr. Speaker, Sir, may I just have one minute to summarize up something? I did not know my time was up. I thought it was two minutes.

We have said before and we reiterate that the County Assembly of Meru brings here the Governor because it lacks respect for this oversight institution. If the team upstairs has access to video number VKM18---

Counsel for the Governor, your time is up. Mr. Elisha Ongoya: My apologies.

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Hon. Senators, kindly be upstanding.

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