Hansard Summary

The Senate convened to consider the impeachment of Murang’a County Governor Mwangi wa Iria, with the Speaker reading detailed charges of constitutional, financial and procurement violations. Senators were instructed to focus solely on the motion to establish a Special Committee to investigate, while procedural objections and brief interjections highlighted the seriousness of the proceeding. Senators debated a motion to establish a special committee to consider the impeachment of the Murang’a governor, emphasizing adherence to Article 181 and Senate standing orders. While most speakers expressed confidence in the committee’s capability, concerns were raised about partisan balance and procedural timing. The House agreed to limit interventions to streamline the approval process. Senators debated the procedural aspects of hearing serious criminal charges against Governor Mwangi wa Iria, emphasizing the need for adequate time to review committee reports and ensure impartial voting. They expressed confidence in the composition and competence of the select committee while urging adherence to constitutional oversight and political balance. The discussion highlighted concerns about timing, fairness, and the Senate’s role in safeguarding public resources.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

THE SENATE

THE HANSARD

PARLIAMENT OF KENYA

Wednesday, 28th October, 2015 Special Sitting

[The Speaker (Hon. Ethuro) in the Chair]

COMMUNICATION FROM THE CHAIR

PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF MURANG’A COUNTY

The Speaker (Hon. Ethuro)

Hon. Senators, I have the following Communication to make on the proposed removal from office by impeachment of the Governor of Murang’a County.

Hon. Senators, by a letter received in the Office of the Speaker of the Senate on Wednesday, 21st October, 2015, the Speaker of the County Assembly of Murang’a informed the Speaker of the Senate of the approval of a Motion by the County Assembly of Murang’a for the removal from office, by impeachment, of the Governor of Murang’a County.

In terms of Article 181 of the Constitution, Section 33 (3(a) of the County Governments Act, 2012 and Standing Order No.68 (1) (a) of the Senate Standing Orders, the Speaker of the Senate is required, and I quote”-

“Within seven days after receiving notice of a resolution from the Speaker of a county assembly, to convene a meeting of the Senate to hear charges against the Governor.”

Hon. Senators, pursuant to Section 33 (3) (a) of the County Governments Act, 2012 and Standing Order No.68 (1) (a) of the Senate Standing Orders, I convened this sitting of the Senate through Kenya Gazette Notice No.8100, published on 27th October, 2015.

Hon. Senators, pursuant to Section 33 (3) of the County Governments Act, 2012 and the same Standing Order of the Senate, I hereby proceed to read the charges against Hon. Mwangi wa Iria, the Governor of Murang’a County.

The Speaker (Hon. Ethuro)

Ground 1: Gross Violation of the Constitution of Kenya, 2010, the County Governments Act, 2012, the Public Finance Management Act, 2012 and the Public Procurement and Disposal Act, 2005.

Particulars include, and I hope Sen. Hassan Omar Hassan is listening attentively as per yesterday’s intervention:-

The Speaker (Hon. Ethuro)

procurement of public goods and services. In the Financial Year 2014/2015, as stated in the County Governments Budget Implementation Review Reports of the Controller of Budget, the County Executive, under the stewardship of the County Governor, incurred advertisement expenditure amounting to Kshs247 million against an approved budget of Kshs7 million as at 31st March, 2015 - that is, Kshs114 million and Kshs133 million in the half year and third quarter report,

respectively – thus, further undermining the principles of fiscal prudence as stipulated in Article 201(d) of the Constitution of Kenya, 2010 and Section 107(2) of the Public Finance Management Act of 2012.

(iv) Violation of Article 183(2) and (3) of the Constitution of Kenya, 2010 and Section 30(3)(b) of the County Governments Act, 2012 through failure to provide leadership to the County Executive Committee on the generation of county policies, plans, legislations and full and regular reports, regarding key programmes such as the Napier Grass, A.I. Crushes, among others.

The Speaker (Hon. Ethuro)

Section 135(1) of the Public Finance Management Act 2012, by disregarding cost effectiveness and over-spending in the departments of Finance, IT and Economic Planning, Transport, Energy, Infrastructure, Public Service and Administration, among others, as indicated in the Third Quarter Budget Review Implementation Report for the FY2014/2015 from the Office of the Controller of Budget. Such expenditure should have been ratified through a supplementary budget or justified by the respective departments (ix)Violation of Articles 186(1), 189(2) and 226(5) of the Constitution of Kenya 2010 by approving/directing/diverting public funds to non-devolved functions contrary to Schedule 4(2) of the Constitution of Kenya 2010. For example, construction works at Kahuhia Girls High School that were split nine times, amounting to Kshs31 million. Also, conversion of public primary schools into boarding schools, among others.

On a point of order, Mr. Speaker, Sir. I just want to bring to your attention something you did not see when you were making your communication. Two very senior Members of this House and very experienced, committed a gross violation of our Standing Orders. They bowed at the Bar while you were making the communication and proceeded to take their seats. Is this in order?

(Loud Consultations)
The Speaker (Hon. Ethuro)

Order, Members! I will address myself to that matter at the end of reading the charges.

(Laughter)
The Speaker (Hon. Ethuro)

authorities which have continued to attract interests and penalties to a tune of Ksh131,615,210. Ground 3: Abuse of Office/Gross Misconduct The County Governor of Murang’a exhibited gross-misconduct, abused his office in the following ways:-

The Speaker (Hon. Ethuro)

Hon. Senators, Section 33(b) of the County Governments Act and Standing Order No. 68(1) (b) both provide that the Senate by resolution may appoint a Special Committee comprising 11 of its Members to investigate the matter.

You will also observe that in today’s Order Paper, pursuant to these provisions, the Senate Majority Leader will be giving a Notice of Motion for the establishment of a Special Committee. You will also observe that the Motion has been, with the approval of the Speaker, listed on the Order Paper.

Hon. Senators, should the Motion for the establishment of the Special Committee pass, the Committee will be required under Section 33(4) of the County Governments Act and Standing Order No. 68 (ii) to investigate the matter and to report to the Senate within 10 days on whether it finds the particulars of the allegations against the Governor to have been substantiated. If, however, the Motion for the establishment of a Special Committee does not pass, the Senate shall proceed to investigate and consider the matter in Plenary. The resolution of the Senate on the Motion by the Senate Majority Leader will therefore determine the manner in which this matter shall henceforth proceed.

It is noteworthy, and I wish to emphasize to Hon. Senators, that the debate on the Motion shall be limited to the substance of the Motion, namely; whether to establish a Special Committee consisting of the Senators listed to investigate the proposed removal of the Governor of Murang’a County. It is not a Motion on the propriety, prudence, the constitutionality or the illegality of the process that has preceded the submission of this matter to the Senate. Neither is it a debate on the facts of the matter or their merits. It is, therefore, not permissible to debate to any matters other than the Motion before the House.

Hon. Senators, I have previously said in this House that the hearing of charges for the proposed removal from office of a state officer is one of the most important and also most solemn functions of the Senate under our Constitution. I therefore urge you once again that the Senate exercises the highest level of responsibility and circumspection on this matter in the plenary and also, should the Motion by the Senate Majority Leader pass, then the Special Committee.

I thank you.

(Loud Consultations)

On a point of order. Mr. Speaker, Sir, Sen. Haji and my teacher, Sen. (Prof.) Anyang’-Nyong’o, in total disregard of Standing Order No. 105 walked into the Chamber and sat while you were making a Communication. We pray for your ruling on this matter.

The Speaker (Hon. Ekwee Ethuro)

The two Senators mentioned, can you confirm or deny?

Mr. Speaker, Sir, I do not want to lie. I accept with very good reason. You looked at us twice and the third time you eluded.

(Laughter)

Both of us are elderly and sickly. We thought you allowed us to walk in. We bowed and we walked in. So, if we made a mistake, please forgive us.

Mr. Speaker, Sir, I concur with my colleague but about the elderly, I dispute, and the sickly, I totally reject

(Laughter)
(Loud consultations)
The Speaker (Hon. Ekwee Ethuro)

Order Senators. Listening to Sen. Haji, I was beginning to be sympathetic but when it was the turn of Sen. (Prof.) Anyang’-Nyong’o, he discounted all the mitigating factors; chiefly, sickly and elderly. I did not see them collapsing while walking to the Chamber. I saw them walk majestically, healthy and sound. The rules of the House are yours. My job is very simple; just to enforce them. I appreciate your circumstance and apologies but you have to go back to where you stood and enter properly. That is how charitable I can get.

(Applause)

NOTICE OF MOTION

ESTABLISHMENT OF A SPECIAL COMMITTEE TO INVESTIGATE THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT OF THE GOVERNOR OF MURANG’A COUNTY

Mr. Speaker, Sir, I beg to give notice of the following Motion. THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, 2012, on 21st October, 2015, the County Assembly of Murang'a approved a Motion “to remove from office, by impeachment,” the Governor of Murang'a County; AND FURTHER, WHEREAS by letter dated 21st October, 2015

and received in the Office of the Speaker of the Senate on 22nd October, 2015, the Speaker of the County Assembly of Murang'a 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, 2012 and standing order 68(1)(b) 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, 2012 and standing order 68(1)(b), the Senate resolves to establish a special committee comprising the following Senators –

ESTABLISHMENT OF A SPECIAL COMMITTEE TO INVESTIGATE THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT OF THE GOVERNOR OF MURANG’A COUNTY

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, WHEREAS,pursuant to Article 181 of the Constitution and section 33 of the County Governments Act, 2012, on 21st October, 2015, the County Assembly of Murang'a approved a Motion “to remove from office, by impeachment,” the Governor of Murang'a County; AND FURTHER, WHEREAS by letter dated 21st October, 2015

and received in the Office of the Speaker of the Senate on 22nd October, 2015, the Speaker of the County Assembly of Murang'a 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, 2012 and standing order 68

(1)

(b)

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, 2012 and standing order 68(1)(b), the Senate resolves to establish a special committee comprising the following Senators –

Mr. Speaker, Sir, I can see that Sen. Keter is in a hurry to get my brother out of this House.

First, I thank you for the opportunity and also Sen. Keter for allowing me to second this Motion. I rise to second and strongly support the formation of this Committee.

Secondly, I support the membership that has been proposed on this Committee. Looking at the list, it is a proper mix. I see Members from various professions and

backgrounds; Sen. Billow, who we all know, is a renowned accountant. I also see the names of four lawyers in the Committee, a professor of mathematics, an engineer, an administrator of long standing, Sen. Musila, and many others. Social scientists are also included. This Committee is able. We also have a judge; as I said, there are four lawyers. I am confident that they will do a good job. They are all capable.

Mr. Speaker, Sir, as the Mover said, all the 67 of us are capable of serving in this Committee but our Standing Orders are very clear. If we are not considering the matter as a whole House, then we have to pick only 11 of us. That is what the Motion proposes. I encourage the leadership of the House that whenever these duties arise, let it be rotational so that we do not keep seeing the same names because we are all capable. So far, that is what has happened. This is the fourth impeachment Motion and we have not seen any names being repeated on the list. Therefore, we encourage that.

In consideration of this Motion by Murang’a County Assembly, I urge the Members who have been nominated to this Special Committee to remain above board, party interest and look at the issues objectively. The Senate of Kenya which is the first one, that we are all privileged to be Members, has established itself as a House of rules; one that follows the rule of law and abides by all the written laws of this land and international laws.

Mr. Speaker, Sir, Article 181 of the Constitution that you referred to, stipulates very clearly the circumstances under which a governor can be impeached. For instance, gross violation of the Constitution which you alluded to, abuse of office and gross misconduct, physical and mental incapacity and lastly, if he commits a crime under national or international laws.

Mr. Speaker, Sir, you have read the charges. As the Committee considers this Motion, we want it to strictly adhere to these provisions of Article 181 of the Constitution and Standing Order No.68 of the Senate.

Mr. Speaker, Sir, as I second this Motion, I would like to strongly correct what has been appearing in the media, that the Senate had already established a Committee chaired by Sen. Billow and deputized by Sen. Ong’era. That is not the case; it is now that we are setting up the Committee. According to our rules, the Committee will elect their chairperson; it is not automatic. The practice has always been; if it is a governor coming from one coalition, then the Committee should be chaired by a Senator from an opposite coalition and vice versa. The governor in question is the Governor for Murang’a who belongs to the Jubilee Coalition, and I encourage the Committee to follow past practices so that whoever chairs this Committee will be a Member from the opposite coalition.

It is a straight forward Motion as stated by the Mover. I urge my colleagues to support this Motion so that we can put in place this Committee. The law stipulates that we have 10 days; seven days to convene the Session that we are in and the Committee has 10 days to report back; that is 17 days in total. Already six days have lapsed and, therefore, we do not have too much time. I urge my colleagues to support this Motion so that we give this Committee an opportunity to look at the charges and report back to us so that we take a decision as a Senate.

Mr. Speaker, Sir, with those remarks, I beg to second.

(Applause)

Mr. Speaker, Sir, I rise to support this Motion and underscore, as my colleagues have said, that it follows in the tradition of this House where when such matters have come, we have rallied together in defence of the interests of the counties to debate such a Motion, having formed a very able Committee of 11 senators.

As the Chairperson of the inquiry into Kenya Airways, I will lose two of my most capable Members at a time when we most need them. However, I think they are being outsourced to a cause that is really worth it; that is, Sen. Billow and Sen. Sang. I hope that although this will be a very demanding exercise by my two very able colleagues; that somehow, they will find time in between to attend to another equally important undertaking by this House at this demanding moment.

Mr. Speaker, Sir, I congratulate you and the Members of the County Assembly for having brought this Motion before us. I hope that as the Senate Deputy Majority Leader has pleaded with us, we shall all support this Motion and make sure that we carry out our job diligently, objectively and from a stand point of principle.

I beg to support.

Mr. Speaker, Sir, I rise to support that the Members who have been elected to this Committee are very capable; my able Chairperson, Sen. Billow, Sen. Chiaba and the rest. I am sure that they will see to it that justice is done through the process so that in case this governor messed, then the people of Murang’a County will be notified through the Senate.

Knowing very well that quite a number of impeachments have come through this House, it is quite worth to know that the matter is already in the Senate. Even if elders try to sit in Murang’a County and suggest that they can try to sort it out, that is impossible. It is this House that will make sure that the proper process is followed and if Governor Wa Iria is innocent, then this House will end up setting him free.

Mr. Speaker, Sir, I like the composition and I do not doubt any Member of this Committee. However, knowing very well that the Governor comes from the Jubilee side, I expected that the membership of those from the Minority side to be the majority in this Committee. On the other hand, I expected the Chairperson to be from the Minority side so that, at least, justice can be done. The way it is right now, it is inclined; the Governor, coming from the Jubilee side, majority of the Members are from the Jubilee side. All said, I do not doubt the capability of the Members. I know these are honourable Members who will make sure that we have the report within these 10 days.

With those few remarks, I support.

On a point of order, Mr. Speaker, Sir. This is a fairly straight forward Motion which requires 24 votes. I can see the Senate is intact and I have seen almost 15 to 20 requests there. Since this Report might come back and that is the point at which we can debate it, why do we not also limit the time of interventions, so that we can just make one or two remarks and get this House to approve this Motion?

The Speaker (Hon. Ethuro)

Is he reading the mood of the House?

Hon. Senators

Yes.

The Speaker (Hon. Ethuro)

I did not want to regulate because Members had already self-regulated themselves. Since you have raised the matter, I will not entertain more than three minutes per Member.

The Speaker (Hon. Ethuro)

I said: “Not more than”. So, you can decide to do half a minute.

Thank you, Mr. Speaker, Sir. The Senate must recognise that this impeachment is here because the High Court has refused an injunction against the Senate. So, that is a milestone. In my county, had the Judiciary acted the same, maybe we would not have been in the same positon that we were in a few months ago.

Two, I agree with the Senators who have suggested that the majority membership of this Committee and the Chairperson should come from the Coalition for Democracy and Reforms (CORD) .

Three, I express my disappointment that this communication was already in the press long before the Speaker communicated.

Lastly, we do not expect the Committee to do what the Kiala Committee did, where they disagreed with their own findings here.

Mr. Speaker, Sir, I rise to support the Motion and make two points. The first has to do with the public perception that committees are created to remove or keep a governor. Even in the media, that is the perception that is given. I think it is important to make it clear that the Committee will simply make recommendations to the House. As has happened in the impeachment process in the past, the House did not agree with the Committee. It is important for us, as a House, to communicate that publicly.

Secondly, I would like to support the Committee Members but also warn them that this is a quasi-judicial impeachment. Consequently – having gone through a process like this as Chairperson of a similar Committee – there will be interference from all kinds of quarters. Let nobody act here like the proverbial ostrich that buries its head in the sand. Let us be aware that this will happen. Let us be aware that there are stakeholders and interest groups that will try to interfere with the process. Consequently, I hope and pray that our colleagues will rise above all those interest groups, party interests, all sorts of attempts to introduce abuse into the Senate process and come up with a process that can be held high tomorrow by both the people of Murang’a as well as Governor Iria.

I support.

Asante sana Bw. Spika kwa kunipa nafasi niunge mkono Hoja hii. Nimeitazama Hoja yenyewe na kuisikiliza ilipokuwa ikipendekezwa kwetu na nimeridhika na majina ya Maseneta ambao wameteuliwa kuhuduma katika Kamati hii. Kwa maoni yangu, Hoja hii na Kamati hii, ina uwezo kupita maelezo kwa sababu Maseneta wote ambao ni wanachama, hakuna ambaye anaweza kununulika kirahisi. Nikiwatazama vizuri, nina hakika hakuna yule ambaye anaweza kununulika; hayumo!

(Laughter)

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

The Speaker (Hon. Ethuro)

What is it Sen. Billow?

Mr. Speaker, Sir, you heard the Senator for Kwale saying in very eloquent Swahili that there are Senators who can be bought; however, they are not on the list. That is a very serious statement that in this House, there are distinguished Senators who have integrity problems. Could the Member either substantiate or withdraw that statement because it injures the reputation and the dignity of the House?

The Speaker (Hon. Ekwee Ethuro)

Order Senators. I do not know what Sen. Boy Juma Boy may have to say but, Sen. Billow, I think you are just mesmerized by the eloquence of the language and the flow. When he says the Senators who can be bought are not in the list, he did not say where they are. They could not be on the list because from a random sample, we could not get from the total population of the Senators.

Bwana Spika---

Jambo la nidhamu Bw. Spika, Seneta alisema Maseneta ambao wako hapa hawawezi kununuliwa kwa urahisi. Je kuna wengine ambao wanaweza kununuliwa “kwa ghali”?

The Speaker (Hon. Ekwee Ethuro)

Seneta Boy Juma Boy, sasa hapo siwezi kukusaidia.

Bw. Spika, nimefurahi kwa sababu inaonekana sasa Kiswahili chafuatiliwa vizuri kwa sababu sasa ndio tunapoenda katika utamu wake na ladha yake. Nilichosema mimi ni kwamba “sifikirii”. Kufikiria ni kwamba jambo hilo haliko katika mawazo yangu. Kwa hivyo, niliposema sifikirii kwamba kuna Seneta anayeweza kununuliwa kiurahisi, ni fikira ambayo haipo wala jambo hilo haliko. Ni fikra ambazo nimezileta. Yaani hata hauwezi kuliwaza jambo kama hilo. Ninawashukuru kwa maana yaonekana kidogo Kiswahili chaanza kufufuka ndani ya Seneti.

Bwana Spika, nikiendelea ni kwamba Hoja hii ni ya moja kwa moja---

The Speaker (Hon. Ekwee Ethuro)

Nidhamu, Sen. Boy Juma Boy. Umeulizwa na Seneta Billow; jibu hata hilo. Umejibu tu swala la Seneta Haji.

Bw. Spika, ninafikiri nimelijibu vizuri. Nimesema ningelieleza kwamba haimo katika mawazo yangu kwamba kuna yeyote anaweza kununulika. Lakini kama amelielewa kimakosa, basi wacha nimuweke katika hali ya usawa kwamba asiwe na taswishi. Naona Kiswahili hapo kimeeleweka. Nimeliondoa tamshi hilo. Kwa hali hiyo, naiunga mkono Kamati hii na ningependa kusisitiza kwamba nimehudumu katika moja ya Kamati hizi; zina kazi nyingi, zina muda mrefu, zina muda ambao wakati mwingine Kamati zinafika mpaka usiku wa manane, kwa hivyo, ni kazi ya kujitolea.

Kwa hayo machache, naunga mkono. Asante.

Sen. Wamatangi

Thank you Mr. Speaker, Sir. I rise to support the formation of this Committee. However, I would like to raise two quick issues on matters of procedure.

First, on Standing Order No. 68 1 (a) :-

Sen. Wamatangi

“The Speaker of the Senate shall convene a meeting of the Senate to hear charges against the governor.”

Mr. Speaker, Sir, for purposes of the future, we need to consider as a House whether it would be necessary for us to correct that language because, we need to ask ourselves whether the reading of the charges constitutes a hearing; the language to say that the Speaker will convene the Senate to hear the charges. Will that amount to hearing?

Secondly, on Standing Order No. 68 (2) (b), I would want to urge the Committee - because the Standing Order is very clear that:-

“The Committee report to the Senate within ten days on whether it finds the particulars of the allegations against the governor to have been substantiated.”

Mr. Speaker, Sir, I have previously sat in a Committee. And further looking at Standing Order 68 (4) (b), it says:-

“If any of those charges have been substantiated, the Senate shall, after according the governor an opportunity to be heard, vote on the charges.”

Mr. Speaker, Sir, one of the issues that have constantly arisen is when the report by the Committee is presented to the House. For example, on the 10th day, and we all note, for example, in the charges read by you today, they are very weighty charges. It raises a major issue if that report is presented to the Members, for example, as it is normally done in the morning and voting is supposed to be done in the afternoon. Does that constitute enough time for Members to read the report, conceptualize the charges, form an opinion and vote objectively?

Mr. Speaker, Sir, that is an issue we need to look at and implore upon the Committee, if possible they work diligently, day and night, and ensure that within that window of 10 days, they can give us ample time when they present the report for us to be able to vote with information after reading the report.

Thank you.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to support this Motion. The charges which you have read to us are very serious. Many of them are of a criminal nature. So, I am very happy that our leaders in the House have given the best in this Committee. If you look at the list, it is very impressive.

Mr. Speaker, Sir, the Members of this Committee include the following; Sen. Billow Kerrow, the Chairman of the Finance, Commerce and Budget Committee; we have a Professor of Mathematics, an Engineer and several lawyers including a retired Judge, Sen. Madzayo. We have no doubt that this Committee will treat these very serious charges in a very serious manner. As you have said in these proceedings before, the Senate itself is on trial, because the governors will be looking at us, wananchi will be seeing whether we are protecting the monies that we are taking to the counties or whether we are letting the governors get off with massive looting of resources in this country.

Mr. Speaker, Sir, we have to tread very carefully because this goes to the core of our function of oversight under Article 96 of the Constitution.

I know this governor has appeared before one of the committees and he made some remarks which the Senators were not happy about, because he had said that he is not a tourist attraction to be seen by the Senate. I want to urge the Committee to ignore those remarks and concentrate on the charges which the Speaker has read before this House today, because those other

annoying remarks are irrelevant and are extraneous matters which should not influence the decision of this Committee.

Mr. Speaker, Sir, I have no doubt we are going to act impartially, and I want to support this Committee.

Thank you.

The Speaker (Hon. Ethuro)

Hon Senators, I will allow you to contribute in not more than two minutes. We will bring this debate to a closure at 12.25 p.m.

Proceed, Sen. Mohamoud.

Thank you, Mr. Speaker, Sir. I would like to support the Select Committee because it consists of men and women of substance and I am sure that they will make us proud. I would also like to support the sentiments of Sen. Boy Juma Boy that there are no cheap Senators in the Eleventh Parliament. I am sure that they will be fair in their deliberations.

Mr. Speaker, Sir, I rise to support this Motion and congratulate the people of Murang’a who have demonstrated maturity and confirmed that they are peace loving Kenyans. They have approached the big sister, the Senate, to help them deal with their issues as enshrined in the Constitution.

Secondly, this demonstrates that the Senate is doing its work well. We have sensitized the people and they are aware of their rights and how to protect their property and their taxes.

Mr. Speaker, Sir, this exercise will help in streamlining the implementation of the Constitution and the enactment of all the other relevant laws by keeping proper systems so that in future, the people who will be in charge of the counties will find good systems that will not be exploited by unscrupulous leaders. I also commend the team. I have seen that there are “no nonsense” Legislators in this Committee. I am sure that they will do us proud.

I beg to support. The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I support the formation of the Committee. I urge the Members who I believe will retire from this Sitting for their first meeting, to observe the precedence already set when we had the issue of Kericho County, a Jubilee Governor impeachment, the Committee was chaired by a Senator from CORD. When we had the hearing of the Machakos Deputy Governor, who is from CORD, it was chaired by the distinguished Senator for Nyeri County. I want that precedence to be followed. The Chair of this Committee should come from CORD and a Vice Chairperson from Jubilee, so that we continue with the precedence set.

Secondly, listening to the charges that you read to this Chamber, they are extremely serious. As you were reading, one would have thought that it was an Agatha Christie or James Hardley Chase novel. It makes one think about an Italian joke that “Africans have given corruption a very bad name”. Even when you want to do things in a bad way, you should use some brains, like the former President Mwai Kibaki said. If what you read to us is true, it is very unfortunate. Let us proceed on the basis that Governor Mwangi wa Iria is innocent until proven guilty. We should substantiate the allegations or reject them. Let us not be clouded by any press reports or happenings in other counties like the wheelbarrows of Bungoma. We are dealing with Murang’a County

Mr. Speaker, Sir, I support the formation of the Committee. I urge the Members who I believe will retire from this Sitting for their first meeting, to observe the precedence already set when we had the issue of Kericho County, a Jubilee Governor impeachment, the Committee was chaired by a Senator from CORD. When we had the hearing of the Machakos Deputy Governor, who is from CORD, it was chaired by the distinguished Senator for Nyeri County. I want that precedence to be followed. The Chair of this Committee should come from CORD and a Vice Chairperson from Jubilee, so that we continue with the precedence set. Secondly, listening to the charges that you read to this Chamber, they are extremely serious. As you were reading, one would have thought that it was an Agatha Christie or James Hardley Chase novel. It makes one think about an Italian joke that “Africans have given corruption a very bad name”. Even when you want to do things in a bad way, you should use some brains, like the former President Mwai Kibaki said. If what you read to us is true, it is very unfortunate. Let us proceed on the basis that Governor Mwangi wa Iria is innocent until proven guilty. We should substantiate the allegations or reject them. Let us not be clouded by any press reports or happenings in other counties like the wheelbarrows of Bungoma. We are dealing with Murang’a County

alone. The others will be dealt with when they come. I urge the Committee to act fairly, judiciously and bring a report that this House will be proud of.

Thank you, Mr. Speaker, Sir.

The Speaker (Hon. Ethuro)

Hon. Senators, in order to save on time, I call upon the Mover to reply.

Mr. Speaker, Sir, I beg to reply.

The Speaker (Hon. Ethuro)

This is a matter concerning counties. We will therefore proceed to vote by county delegations.

DIVISION ELECTRONIC VOTING

NOES: Nil.

The Speaker(Hon. Ethuro)

The results of the Division areas follows:-

AYES: 30 NOES: Nil ABSTENTIONS: Nil

The Speaker (Hon. Ethuro)

Hon. Senators, having exhausted the Business for this morning, the House stands adjourned until today afternoon, 28th October, 2015 at

ADJOURNMENT

The Speaker (Hon. Ethuro)

Hon. Senators, having exhausted the Business for this morning, the House stands adjourned until today afternoon, 28th October, 2015 at