Hansard Summary

The Senate convened for a special sitting to swear in a new Senator, Consolata Nabwire Wakwabubi. The House welcomed the delegation accompanying the new Senator and congratulated her on her appointment. The Senate welcomes a new member, Sen. Consolata, with warm words of encouragement and support. Members express their commitment to working together and serving the people of Kenya. The Senate welcomes new Senator Consolata Nabwire Wakwabubi, discusses the impeachment of Governor Eric Kipkoech Mutai, and outlines the agenda for the special sitting.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

THE SENATE

THE HANSARD

THIRTEENTH PARLIAMENT

Fourth Session

Wednesday, 20th August, 2025 at

2.30 p.m. - Special Sitting

PARLIAMENT OF KENYA

Wednesday, 20th August, 2025 Special Sitting

DETERMINATION OF QUORUM AT COMMENCEMENT OF SITTING

Clerk, do we have quorum?

Hon. Senators, we have quorum.

Senator for Nakuru County, kindly take your seat.

Clerk, you may proceed to call the first Order.

ADMINISTRATION OF OATH

Mr. Speaker, Sir, it is my pleasure and privilege to introduce to you and to the Senate, the nominated Senator Consolata Nabwire Wakwabubi of the

Services, Senate. United Democratic Alliance (UDA) party, elected pursuant to Article 98(1)(b) of the Constitution.

(Applause)

Senator, would you wish to swear or to affirm?

To swear, Mr. Speaker, Sir.

Very well. You may now proceed to take the podium. The Oath of Allegiance was administered to the following Senator- Consolata Nabwire Wakwabubi.

Congratulations hon. Senator. Welcome to the Senate.

Thank you, Mr. Speaker, Sir.

COMMUNICATIONS FROM THE CHAIR

WELCOME TO SEN. CONSOLATA NABWIRE WAKWABUBI AND OTHER GUESTS

Hon. Senators, I have the following Communication to make.

I would like to acknowledge the presence in the Speaker's Gallery and the Public Gallery this afternoon, of a delegation consisting of family and friends of Sen. Consolata Nabwire Wakwabubi, MP. The delegation is visiting the Senate to witness the swearing- in of Sen. Wakwabubi, MP, which has just been concluded.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

I will now call upon the Senate Majority Leader to extend a warm welcome to the delegation. Thereafter, I will allow hon. Senators, in under one minute, to pass a word of congratulations and to welcome the newly sworn-in Member of this House.

Proceed, Senate Majority Leader.

Mr. Speaker, Sir, I join you, on behalf of my colleagues, to welcome this delegation that is accompanying our latest colleague, Sen. Consolata Wakwabubi.

It is a great privilege to serve this country as a Senator. I know that as our colleague begins her legislative journey this afternoon, she has a steep learning curve.

Services, Senate. She is joining while we have made tremendous progress in this House to ensure that we set up this institution to the levels that the Kenyan people expected of us. I congratulate her together with all the members of her delegation who have come this afternoon to witness her swearing in. I wish her well in her journey as she learns and interacts with colleagues and gets to serve the people of Kenya as a nominated Senator.

Thank you.

Hon. Senators, the floor is open for purposes of congratulating the newly sworn-in Member.

The Senate Minority Leader, you may proceed. The Senate Minority Leader (Sen. Madzayo) : Asante, Bw. Spika. Kwanza ningependa kumpa kongole Seneta wetu, Bi. Consolata Nabwire. Karibu sana katika Bunge la Seneti na hongera kwa kuteuliwa kwako kuingia hapa kuwa nasi. Hili ni Bunge ambalo najua utapata mafunzo ya kutosha na kwa muda mfupi utakuwa kama sisi. Kwa hivyo, hakuna wasiwasi kabisa.

Ni jambo muhimu kuona kwamba hawa wote walioko hapa ni watu wenye uzoevu wa kutosha na utajifundisha mengi kwa muda usio mrefu. Karibu sana ndani ya Bunge la Seneti.

Sen. Madzayo) :

Proceed, Sen. Boni.

Asante, Bw. Spika. Kwanza ningependa kumpa kongole Seneta wetu, Bi. Consolata Nabwire. Karibu sana katika Bunge la Seneti na hongera kwa kuteuliwa kwako kuingia hapa kuwa nasi. Hili ni Bunge ambalo najua utapata mafunzo ya kutosha na kwa muda mfupi utakuwa kama sisi. Kwa hivyo, hakuna wasiwasi kabisa. Ni jambo muhimu kuona kwamba hawa wote walioko hapa ni watu wenye uzoevu wa kutosha na utajifundisha mengi kwa muda usio mrefu. Karibu sana ndani ya Bunge la Seneti.

Proceed, Sen. Boni.

Thank you, Mr. Speaker, Sir. It gives me a lot of pleasure to welcome my sister, Consolata Nabwire, to this House. I call her sister for obvious reasons. More importantly, it is a crowning moment for the effort that the United Democratic Alliance (UDA) has gone through in appreciating the contribution of one of the women who made a huge difference during our campaigns to ensure that the President forms Government.

I congratulate her and hope that she will be a success. The only comment I would like to direct to her is that her entry into the House, besides being deserved as a nomination, arose from a decision on her predecessor. It called into question the issue of integrity when you are a member of this House. Coming at this time, when the integrity of Parliament is under the microscope, I hope everybody will realize that institutions of Kenya are greater than any Kenyan, despite the office of whoever that Kenyan is.

Proceed, Senator for Nairobi City County.

Services, Senate. Now, there will be a full complement of three, including my sister Wakwabubi, who has just joined us today.

I welcome you to the capital. Here, nobody can touch you for as long as you can say Sifuna.

(Laughter) If anybody tries to do anything, you might not be from my own political party, but I consider you a sister. I welcome you to this House. I hope that we will do great things for the people of Kenya. Do not listen to the hecklers.

I hope that you will be able deliver for the women in this country who you have come to represent here. I wish you all the best in this journey for the two years that are left.

Thank you.

Services, Senate. Now, there will be a full complement of three, including my sister Wakwabubi, who has just joined us today.

I welcome you to the capital. Here, nobody can touch you for as long as you can say Sifuna.

(Laughter) If anybody tries to do anything, you might not be from my own political party, but I consider you a sister. I welcome you to this House. I hope that we will do great things for the people of Kenya. Do not listen to the hecklers.

I hope that you will be able deliver for the women in this country who you have come to represent here. I wish you all the best in this journey for the two years that are left.

Thank you.

Proceed, Sen. Tabitha Keroche.

Sen. Tabitha Keroche

Mr. Speaker, Sir, thank you for also giving me this opportunity to welcome my sister, Sen. Consolata. Sen. Consolata, you are most welcome to this good House. You will learn a lot. Count yourself one of the luckiest because you are among the 67 Members who have been brought into this House to represent the whole of Kenya. I thank the UDA party for agreeing that, that position was meant for a lady because it is a lady, Sen. Gloria, who left us. Thank you, UDA, for giving us that honour as women. Sen. Consolata, feel at home. As was said by the Senate Majority Leader, we are here to hold your hand to ensure that you feel at home and welcomed.

Thank you.

Proceed, Sen. Kavindu.

Sen. Kavindu Muthama

Mr. Speaker, Sir, thank you for giving me this opportunity to welcome our sister, Consolata, to this House. Karibu sana. Let us do the work and serve Kenyans with all dedication.

Proceed, Sen. Mungatana.

Sen. Mungatana, MGH

Thank you, Mr. Speaker, Sir. I welcome hon. Sen. Consolata to the House. Amongst the books that you received from the Speaker---

Can you power the microphone for hon. Sen. Mungatana? Is it on?

Sen. Mungatana, MGH

Yes.

You may proceed.

Sen. Mungatana, MGH

Mr. Speaker, Sir, I was saying one of the books that Sen. Consolata received from you is called The Compendium of the Rulings that are delivered on the floor of this House. This House - unlike another one that I will not name - is a House of learning. I invite her to be familiar with the rulings that have been given and open her mind, so that we can help this Republic move one step forward.

I thank you, Mr. Speaker, Sir.

Sen. Osotsi, proceed.

Services, Senate. things that she needs to learn from the rest of us since she has come in the middle of the term.

I am happy that the number of Senators from our western region has now gone up by five. I know Sen. Mumma and Sen. Sifuna also come from that area, but they have divided loyalty between Nairobi and Kisumu. However, Sen. Consolata is a full-time resident of Bungoma County. Together with the other four Senators whom we have been working very closely with, we will also work very closely with you---

Services, Senate. things that she needs to learn from the rest of us since she has come in the middle of the term.

I am happy that the number of Senators from our western region has now gone up by five. I know Sen. Mumma and Sen. Sifuna also come from that area, but they have divided loyalty between Nairobi and Kisumu. However, Sen. Consolata is a full-time resident of Bungoma County. Together with the other four Senators whom we have been working very closely with, we will also work very closely with you---

Sen. Kinyua, proceed.

Asante, Bw. Spika, kwa kunipa fursa hii kumkaribisha Sen. Consolata. Pia ningependa kuwakaribisha jamaa na marafiki ambao waliandamana na yeye ili kumpa heko na kongole. Sisi kama Seneti, tunakukaribisha.

Mahali ulipo keti, kuna Seneta wa Bungoma ambaye ni mchapa kazi. Sisi tuna imani kwamba umekuja kwa sababu chama kimekuchagua wewe. Kwa hivyo, hatuna shaka rohoni mwetu kwamba utaifanya kazi ambayo ulichaguliwa kuja kufanya hapa.

Ningependa kukupongeza na kukuambia karibu. Ijapokuwa umekuja wakati muhula umeenda kidogo, hatuna shaka rohoni mwetu kwamba utafanya jambo ambalo unatakiwa kufanya; kuongea kuhusu Wakenya na kutetea maslahi yao.

Asante, Bw. Spika.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. My new Senator, you will have to decide what you are going to become in this House. The party will expect you to take party position on everything, but at some point, tell your party the truth. Unfortunately, I lost a Member who was from my delegation, Madam Orwoba. I give her all the respect. I was disappointed that she left, but we let the law take its course.

The only last point I would like to make to anybody who wants to come to this House is that to those whom much is given, much is expected.

Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. Let me also join my colleagues in welcoming, Sen. Consolata, to this House. I would like to tell her something that this not very different from what Sen. Onyonka has said, that she should know why her predecessor was removed and that she should be very guarded in what she says in here and out. This is because sometimes, independence is only on paper, especially when you belong to the party that has nominated you.

Our senior sister, we wish you well and want to see you to the end of this term. If you are not careful with your mouth, the UDA will remove you.

The other thing that I would like to tell you and each one of us is that Sen. Consolata's coming is a lesson to all of us. Once you are gone, your place is taken almost immediately.

Sen. Wambua, proceed.

Services, Senate. am seated next to the Senator for Nyamira County who is mourning that they have lost a number. I have tried to persuade him to catch your eye, so that he can say something. However, the state of mourning is too high; he just cannot say anything.

(Laughter) All in all, for us---

Services, Senate. am seated next to the Senator for Nyamira County who is mourning that they have lost a number. I have tried to persuade him to catch your eye, so that he can say something. However, the state of mourning is too high; he just cannot say anything.

(Laughter) All in all, for us---

Proceed, Sen. (Dr.) Murango.

Asante sana, Bw. Spika. Yangu ni machache sana. Kwanza, ningependa kumwambia Sen. Consolata afuate falsafa ya “Ta-Te-Ti”, tangaza msimamo wako kama Seneta; tetea walio kuleta hapa na uwatumikie wale ambao wamefanya uletwe hapa.

Hiyo ni muhimu kwa sababu hicho kiti ambacho umeketi, kilikuwa kinakaliwa na Sen. Gloria. Kwa muda, Seneti ilijaribu kung’ang’ana naye sana ili akae hapa lakini kwa sababu riziki haivutwi kwa kamba, imemleta hapa Sen. Consolata siku ya leo. Nadhani tutampa kile ambacho anahitaji katika Seneti hii. Tulikuwa tunaongea na Sen. Mo Fire ambaye amekuwa mzuri sana na mnasihi katika hili Bunge ili ampe mwelekeo zaidi.

Asante, Bw. Spika.

Sen. Omogeni

Mr. Speaker, Sir, I want to welcome my colleague, Senator. When I was the Chairperson of the Law Society of Kenya (LSK) , there is one clause that was in the harmonised draft constitution that we fought very hard to delete from the 2010 Constitution. That clause was giving a political party power to initiate expulsion of a Member that can lead to that Member losing the seat. When that clause was deleted, I thought I would not in my lifetime see a party expel a Member and that Member loses her or his seat in Parliament.

Be that as it may, we welcome you, Senator, to this House. We have also created a record that for the first time in the history of Parliament, I have seen a situation where Members---

Proceed, Sen. Roba.

Asante sana, Bw. Spika. Kwanza, ningependa kumshukuru Mwenyezi Mungu kwa kumpa dada yetu, Sen. Consolata, nafasi hii. Pili ninataka kushukuru muungano wa walio wengi Bungeni kwa kumteua na kumpa fursa ya kuja katika Bunge. Tunamtakia kila la kheri Inshallah.

Kama wenzake waliokuwa hapa kabla yake, tutamuunga mkono na kumshikilia ili kuhakikisha ya kwamba amekaa vizuri katika Bunge la Seneti.

Asante, Bw. Spika.

We shall end it there, Hon. Senators. I have a communication to make.

CONVENING OF SPECIAL SITTING OF THE SENATE

Services, Senate.

On the request of the Senate Majority Leader vide letter reference No. SEN/MLS/COL(28) dated the 18th August, 2025 and with the support of the requisite number of Senators, I did appoint today, Wednesday 20th August 2025, as a day for a special sitting of the Senate. The appointment was made vide Kenya Gazette Notice No.11450, dated 18th August, 2025.

In the Kenya Gazette Notice, I indicated that the business to be transacted at the Special Sitting shall be the following–

Article 98 (1) (b) of the Constitution, which has just happened;

impeachment, of the Hon. (Dr). Eric Kipkoech Mutai, the Governor of Kericho County; and,

of alteration of the Senate Calendar.

Standing Orders, the business specified in this Notice shall be the only business before the Senate during the Special Sitting, following which the Senate shall stand adjourned until Tuesday, 9th September, 2025 at 2.30 p.m. in accordance with the Senate Calendar.

I thank you. Next order, Clerk.

Take your seat, Sen. Boni.

MESSAGE FROM THE COUNTY ASSEMBLY OF KERICHO PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF KERICHO COUNTY, HON. (DR.) ERICK KIPKOECH MUTAI

Services, Senate.

(vi) Misappropriation of funds under Strategic Intervention Projects (SIPs). For example, in the case of the upgrading of Kunyak Dispensary to a health center, where the contractor was paid over Kshs8.5 million, despite no works having been undertaken, contrary to reports submitted to the assembly;

(vii) Coercing county executive committee members and chief officers to divert funds from the departmental allocations for his personal use, channeled through his assistant. The Governor has presided over glaring procurement irregularities, including irregular tender awards, inflated contracts and fraudulent implementation of county programmes. These matters have been consistently flagged in successive Auditor- General's reports as evidence of massive theft of public funds; and,

(viii) Misusing county emergency funds to compensate victims of the Londiani accident, thereby covering up for donations that have been raised by the public, but were misappropriated by a committee constituted by the governor.

Allegation II: Misappropriation and/or abating misappropriation of public-

Services, Senate.

(vi) Misappropriation of funds under Strategic Intervention Projects (SIPs). For example, in the case of the upgrading of Kunyak Dispensary to a health center, where the contractor was paid over Kshs8.5 million, despite no works having been undertaken, contrary to reports submitted to the assembly;

(vii) Coercing county executive committee members and chief officers to divert funds from the departmental allocations for his personal use, channeled through his assistant. The Governor has presided over glaring procurement irregularities, including irregular tender awards, inflated contracts and fraudulent implementation of county programmes. These matters have been consistently flagged in successive Auditor- General's reports as evidence of massive theft of public funds; and,

(viii) Misusing county emergency funds to compensate victims of the Londiani accident, thereby covering up for donations that have been raised by the public, but were misappropriated by a committee constituted by the governor.

Allegation II: Misappropriation and/or abating misappropriation of public-

raised funds

2. Abuse of Office

Services, Senate.

(ii) Illegally appointing a County Attorney while a substantive office holder was still in place. This irregular appointment was challenged before the Employment and Labour Relations Court (ELRC), which declared it unlawful, unprocedural and unconstitutional and further ordered the Governor personally to pay costs of Kshs 2 million.

(iii) Politicising public recruitment by causing the advertisement of vacancies for doctors, nurses and Early Childhood Development Education (ECDE) teachers despite knowing that the county had no financial capacity to hire such staff. The process was later abandoned.

(iv) Irregularly deploying health staff without any consultation with, or authority of the County Public Service Board (CPSB), creating confusion and disruption in the delivery of health services.

Committee Members (CECMs), six Chief Officers, two Chiefs of Staff and other senior officers, without just cause or due process.

Allegation II: Subversion, discrediting and impeding of the oversight role of

the County Assembly.

(3) Gross Misconduct

Services, Senate.

Let me remind you that the impeachment hearing is not just a procedural formality, but a critical process that plays a crucial role in upholding the principles of democracy and good governance. This hearing is one of the Senate's most vital oversight functions and key responsibilities.

I conclude by urging all Hon. Senators to exercise the highest level of responsibility on this particular matter.

I thank you. Next Order.

Services, Senate.

Let me remind you that the impeachment hearing is not just a procedural formality, but a critical process that plays a crucial role in upholding the principles of democracy and good governance. This hearing is one of the Senate's most vital oversight functions and key responsibilities.

I conclude by urging all Hon. Senators to exercise the highest level of responsibility on this particular matter.

I thank you. Next Order.

NOTICES OF MOTIONS

ALTERATION OF THE SENATE CALENDAR FOR THE FOURTH SESSION

Mr. Speaker, Sir, this is notice of the second Motion, which is the establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Kipkoech Mutai, the Governor of Kericho County-

THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Friday, 15th August, 2025 the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County;

ESTABLISHMENT OF A SPECIAL COMMITTEE TO INVESTIGATE THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF KERICHO COUNTY, HON. (DR.) ERIC KIPKOECH MUTAI

Mr. Speaker, Sir, this is notice of the second Motion, which is the establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Kipkoech Mutai, the Governor of Kericho County-

THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Friday, 15th August, 2025 the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County;

Order, Hon. Senators, kindly, hear the Majority Leader in silence.

Proceed, Majority Leader.

Services, Senate. Monday, 18th August, 2025, the Speaker of the County Assembly of Kericho informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate, documents in evidence of the proceedings of the Assembly;

AND WHEREAS, pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(b)(i) of the Senate, the Senate by resolution, may appoint a Special Committee comprising eleven of its Members to investigate the matter;

NOW THEREFORE, pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(b)(i), the Senate resolves to proceed on this matter by way of establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County.

Services, Senate. Monday, 18th August, 2025, the Speaker of the County Assembly of Kericho informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate, documents in evidence of the proceedings of the Assembly;

AND WHEREAS, pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(b)(i) of the Senate, the Senate by resolution, may appoint a Special Committee comprising eleven of its Members to investigate the matter;

NOW THEREFORE, pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(b)(i), the Senate resolves to proceed on this matter by way of establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County.

Next Order.

ALTERATION OF THE SENATE CALENDAR FOR THE FOURTH SESSION

Services, Senate. basis of this Motion. It is a fairly straightforward request. I want to ask the Senate Minority Leader, Sen. Madzayo, to second and then we can proceed.

Thank you.

Thank you.

I second.

The Floor is open for debate. With your concurrence, hon. Senators, I will proceed to put the question.

Next Order. The Senate Majority leader, proceed.

ESTABLISHMENT OF A SPECIAL COMMITTEE TO INVESTIGATE THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF KERICHO COUNTY, HON. (DR.) ERIC KIPKOECH MUTAI

Services, Senate. investigate by way of a special select committee or by the plenary on the matter that is before us.

Services, Senate. investigate by way of a special select committee or by the plenary on the matter that is before us.

Declare your interest on this matter!

I can already hear what people are saying as much as I am not supposed to; including my good friend, Sen. Boni Khalwale, who is telling me that in compliance with the Conflict of Interest Bill that is now law, to declare my interest in this matter. I have no pecuniary interest in this matter other than justice for the people of Kericho, nothing else. That is not a subject of debate at this point and the Majority Whip should know that what we are discussing at this point is whether to investigate this matter by way of committee or by plenary. Mr. Speaker, Sir, we have pursued both ways in the past, with almost equal results. If I am not wrong and if you look at the statistics, this must be the 17th or 18th impeachment that we are considering. Almost all have been considered in equal numbers; some by way of special committee and nearly an equal number by plenary. Both routes have returned the two possible verdicts; either to confirm the charges or fail to confirm the charges in equal measure as well. The point is that there is no process or route that is flawed. It is Members to determine which route they want to consider a certain matter. Therefore, reading the mood of the House because I have been in this House long enough and I know when people are listening and when they are not, I beg to move and request the Senate Leader of Minority, Sen. Justice (Rtd.) , Steward Madzayo, to second this Motion. The Senate Minority Leader (

Sen. Madzayo) :
Sen. Madzayo) :

Thank you, Mr. Speaker, Sir, for this opportunity. The Leader of the Majority Party has moved the Motion and the Minority Leader has negated or objected to the Motion. In our Standing Orders, can we prove that there is a recourse? Maybe, I am not satisfied with his refusal to second.

I am not talking to the Senators. I am addressing my time to the Speaker, who is the head of this House. If I was to talk to you, it would not be in this forum, I would have talked to you in other kamukunjis.

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

Order, hon. Senators. Sen. Faki, you can only raise a point of order when a colleague is on their feet.

What is your clarification, Deputy Speaker?

Thank you, Mr. Speaker, Sir, for this opportunity. The Leader of the Majority Party has moved the Motion and the Minority Leader has negated or objected to the Motion. In our Standing Orders, can we prove that there is a recourse? Maybe, I am not satisfied with his refusal to second.

I am not talking to the Senators. I am addressing my time to the Speaker, who is the head of this House. If I was to talk to you, it would not be in this forum, I would have talked to you in other kamukunjis.

Services, Senate.

Mr. Speaker, Sir, is it possible that at some point, we can change our Standing Orders in a way that if a seconder is not ready to second a Motion, should that Motion die there or should we initiate another motion on another day, so that those who are ready to support do it? It has happened several times.

Is it possible to have another option to look at this Motion in a different way?

Order, hon. Senators. Senator for Meru, you have valid concerns, but those concerns are for the future. We have a situation to handle today. The Senate Majority Leader had someone to second his Motion. The proposed person was the Minority Leader who did not second the Motion. The Majority Leader did not appoint any other person. It is his Motion. Allow me to read the ruling on the effect of lack of secondment of a Motion as per our Standing Orders.

Hon. Senators, as you may have noticed, the Senate Majority Leader moved the Motion at Order No.9 on today's Order Paper, for the establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County. The Motion failed to be seconded, therefore, deemed to have been withdrawn pursuant to Standing Order No.71 of the Senate Standing Orders.

Hon. Senators, as I communicated earlier, by way of Message, on the resolution of the Kericho County Assembly made on 15th August, 2025, for the removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County, Section 33 (3) (a) of the County Governments Act and Standing Order No.80 (1) (b) of the Senate provide that the Senate may, by resolution, appoint a Special Committee comprising 11 of its Members to investigate the matter or investigate the matter in plenary.

The Motion having been withdrawn, the route of a Special Committee is abandoned. The Senate will proceed to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County, in plenary pursuant to Section 33 (a) of the County Governments Act and Standing Order No. 80 (1) (b) (ii) .

Hon. Senators, at its meeting held today, Wednesday, 20th August, 2025, the Senate Business Committee (SBC) considered the provisional dates for this investigation in the event that the matter was to be investigated in plenary. In line with the schedule of activities for an impeachment hearing in plenary, I hereby give the following directions-

Mr. Speaker, Sir, thank you for the honour. We all know the great history of Namibia and the people of Namibia. It is, therefore, my pleasure to welcome the young lady. I hope that she will meet her expectations here in Kenya.

Welcome and thank you, Mr. Speaker, Sir.

COMMUNICATIONS FROM THE CHAIR

VISITING OFFICIAL FROM NATIONAL ASSEMBLY OF THE REPUBLIC OF NAMIBIA AND STUDENT FROM MOI HIGH SCHOOL, KABARAK

Hon. Senators, I have a further Communication to make. I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of Ms. Carol-Ann Nicolene Esterhuizen, a Director of Legal Services from the National Assembly of Namibia and Andrew Kiprop Kalugul, a student from Moi High School, Kabarak. They are in the Senate for a benchmarking and study visit respectively.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

I will call upon Sen. (Dr.) Khalwale and Sen. Oketch Gicheru to extend a word of welcome.

Mr. Speaker, Sir, thank you for the honour. We all know the great history of Namibia and the people of Namibia. It is, therefore, my pleasure to welcome the young lady. I hope that she will meet her expectations here in Kenya.

Welcome and thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I thank you for giving me this opportunity to also welcome the delegate from Namibia. During my high school days at the African Leadership Academy in South Africa, I got the opportunity to visit that country. We welcome her to Kenya and hope that she will learn the best from the ‘upper house’ and our Parliament in general.

I also wish the same to the student from Moi High School, Kabarak. This House deals with issues regarding money and resources that go to our counties and everything that touches on devolution. There is a lot to learn from this House and we welcome him to learn as much as he can from Parliament.

Thank you, Mr. Speaker, Sir, for the opportunity. I hope they will have a good time in the Senate.

ALLEGATIONS MADE AGAINST THE SENATE

The Speaker (Hon. Kingi)
The Speaker (Hon. Kingi)

Services, Senate. Senate or county assemblies begin to develop “centres of oversight/influence”. In this regard, the county assemblies provide the first tier of oversight, while the Senate provides the second and final tier of oversight.”

This was a pronouncement by the court. In the end, the Supreme Court held that in the performance of its oversight role over county revenue, the Senate has powers to summon county governors to answer any questions or provide any requisite information.

On this matter of the oversight jurisdiction of the Senate, therefore, the Senate cannot yield or concede. Unless the Constitution is amended, the constitutional mandate of the Senate is not negotiable or discretionary.

(Applause) It is a solemn trust invested on the Senate which the Senate will continue to discharge faithfully and without fear or favour.

Hon. Senators, let me conclude by making an impassioned plea to the Executive, other agencies of Government, county governments and all other persons, that it is incumbent on all of us to protect the institution of the Legislature, which is the cornerstone of our democracy.

Holding the Legislature to account and requiring the highest standards of integrity is laudable, but it needs to be followed by collaborative action with the Legislature itself by favouring the appropriate offices of the Legislature with the information available to the Executive and other agencies, so that the Legislature can invoke the mechanisms at its disposal to take swift and stern action against any errant Members.

The Executive as well as other agencies and all persons should also support the Senate in its oversight role in the defence of the devolved system of government, which our people so painstakingly weaved together for themselves in order to address the disparities, inequalities and other injustices of the previous centralized constitutional order.

I thank you.

The Speaker (Hon. Kingi)

Hon. Senators, there being no other business in the Order Paper, the Senate stands adjourned until Wednesday, 27th August, 2025 at 9.30

The Speaker (Hon. Kingi)

Services, Senate. Senate or county assemblies begin to develop “centres of oversight/influence”. In this regard, the county assemblies provide the first tier of oversight, while the Senate provides the second and final tier of oversight.”

This was a pronouncement by the court. In the end, the Supreme Court held that in the performance of its oversight role over county revenue, the Senate has powers to summon county governors to answer any questions or provide any requisite information.

On this matter of the oversight jurisdiction of the Senate, therefore, the Senate cannot yield or concede. Unless the Constitution is amended, the constitutional mandate of the Senate is not negotiable or discretionary.

(Applause) It is a solemn trust invested on the Senate which the Senate will continue to discharge faithfully and without fear or favour.

Hon. Senators, let me conclude by making an impassioned plea to the Executive, other agencies of Government, county governments and all other persons, that it is incumbent on all of us to protect the institution of the Legislature, which is the cornerstone of our democracy.

Holding the Legislature to account and requiring the highest standards of integrity is laudable, but it needs to be followed by collaborative action with the Legislature itself by favouring the appropriate offices of the Legislature with the information available to the Executive and other agencies, so that the Legislature can invoke the mechanisms at its disposal to take swift and stern action against any errant Members.

The Executive as well as other agencies and all persons should also support the Senate in its oversight role in the defence of the devolved system of government, which our people so painstakingly weaved together for themselves in order to address the disparities, inequalities and other injustices of the previous centralized constitutional order.

I thank you.

ADJOURNMENT

Hon. Senators, there being no other business in the Order Paper, the Senate stands adjourned until Wednesday, 27th August, 2025 at 9.30