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"content": "RECITAL OF THE MANDATE OF THE SENATE, RULES OF PROCEDURE AND HEARING PROGRAMME"
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"content": "Hon. Senators, ladies and gentlemen, having dispensed with the pre-hearing meeting of Senators which was a closed-door session, it is now time to commence the proceedings of the proposed removal from office, by impeachment, of Hon. (Dr.) Robert Monda, the Deputy Governor of Kisii County. By a letter dated 1st March, 2024, the Speaker of Kisii County Assembly informed the Speaker of the Senate that at a sitting of the Kisii County Assembly held on Thursday, 29th February, 2024, the County Assembly of Kisii approved a Motion for the removal from office by impeachment of Hon. (Dr.) Robert Monda, the Deputy Governor of Kisii County. The Speaker of the County Assembly of Kisii also forwarded the following documents to the Senate, being the record of proceedings of the County Assembly and evidenced adduced in support of the impeachment Motion. (1) Notice of Motion for the proposed removal from office of the Deputy Governor dated Monday, 13th February, 2024; (2) List of Members in support of the Motion; (3) Votes and proceedings of the Assembly sittings held on Tuesday, the 13th February, 2024, afternoon sitting, Wednesday 21st February, 2024, afternoon sitting and Thursday, 29th February, 2024, afternoon sitting; (4) Order Paper and Supplementary Order Paper dated Tuesday, 13th February, 2024, Wednesday 21st February, 2024 and Thursday, 29th February, 2024; (5) Motion dated Monday 21st February, 2024; (6) List of Members in support of the Motion; (7) Hansard for the sitting of the Assembly held on Tuesday, 13th February, 2024 and Wednesday, 21st February, 2024; (8) Complaint from Dennis Mokaya Misati to Hon. Wyckliff Siocha Gesongori; (9) Complaint from Dennis Mokaya Misati to Director Ethics and Anti-Corruption Commission (EACC); (10) Affidavit by Dennis Mokaya Misati; (11) Advert by Gusii Water and Sanitation Company (GWASCO), shortlisting by GWASCO, application for the post of GWASCO Commercial Manager, Dennis Mokaya; (12) M-pesa Statement by Dennis Mokaya. (13) Affidavit by Reuben Monda Orang’i Matundura; (14) M-pesa Statement by Lucy Wahito; (15) Statement by Lucy Wahito; (16) Advertisement of public participation and report; (17) Statement by David Haggai Oyagi; (18) Statement by Gladys Aminga; and, The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1391813,
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"content": "(19) Statement by Enock N. Maranga. Pursuant to Section 33(b) of the County Governments Act and Standing Order No.81(a) of the Senate Standing Orders, at the sitting of the Senate held on Thursday, 7th March, 2024, the charges against the Deputy Governor of Kisii County as contained in the Motion of impeachment by the County Assembly of Kisii were read to the assembled Senate. Hon. Senators, ladies and gentlemen, allow me to remind you of the mandate of the Senate in relation to the proposed removal, by impeachment, of a county governor as provided for under Article 181 of the Constitution as read together with Section 33 of the County Government Act, 2012 and Standing Order No.80 of the Senate Standing Orders. In particular, Article 181 of the Constitution provides as follows- ‘(1) A county governor may be removed from office on any of the following grounds: (a) Gross violation of the Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gross misconduct; or (d) physical or mental incapacity to perform the functions of office of county governor. (2) Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds specified in Clause (1).’ Section 33 of the County Government Act, 2012, Senate Standing Orders No.80 and the Third Schedule to Senate Standing Orders provide for the procedure to be followed in the hearing and determination of the proposed removal from office, by impeachment of a governor. Specifically, Section 33(3)(b) of the County Government Act, 2012, and Standing Order No.80(1)(b) of the Senate provide that- “The Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter or investigate the matter.’ The matter can also be investigated in Plenary. Further, Standing Order No. 80(9) provides that the procedure for removal of a governor shall with necessary modifications apply in the case of a deputy governor. Hon. Senators, you recall that at a sitting of the Senate held on Thursday, 7th March, 2024, the Motion for establishment of a Special Committee was withdrawn pursuant to Standing Order No.7. This, therefore, paved the way for the position, the hearing against of impeachment charges against the Deputy Governor of Kisii County to be held by the Senate sitting in Plenary. Hon. Senators, ladies and gentlemen, by way of a status update, pursuant to Rule 4(a) and 6 of the Rules of Procedure on considering the proposed removal of a governor or a deputy governor in plenary, the Senate invited the Deputy Governor to appear and be represented before the Senate during the investigation. The Senate further invited the Deputy Governor, if he so choses, to appear before the Senate to file an answer to the charges with the Office of the Clerk of the Senate by 5.00p.m. on Monday, 11th March, 2024, setting out- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1391814,
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"content": "(i) The Deputy Governor’s response to the particulars of allegations; (ii) The mode of appearance before the Senate whether in-person, by advocate or in- person and by an 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. Lastly, any other evidence to be relied on."
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"id": 1391815,
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"content": "Pursuant to Rules 4(b) and 7 of the Rules of Procedure when considering the proposed removal of a governor or deputy governor in plenary, the Senate notified the County Assembly of the date of the commencement of the investigation and invited the County Assembly to designate Members of the County Assembly (MCAs) who shall appear and be represented before the Senate during the investigation."
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"id": 1391816,
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"content": "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 Monday 11th of March 2024 setting out documentation of the following-"
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"id": 1391817,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391817/?format=api",
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"content": "(1) Designated MCAs being not more than three Members, if any, who shall attend and represent the Assembly in the proceedings before the Senate;"
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"id": 1391818,
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"speaker_title": "",
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"content": "(2) Indicate the mode of appearance before the Senate whether in-person, by advocate or in-person and by advocate;"
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"id": 1391819,
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"content": "(3) Indicating the names and addresses of the persons to be called as witnesses, if any, and witnesses' statements containing a summary of the evidence to be presented by such witnesses before the Senate;"
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"id": 1391820,
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"content": "(4) Specifying any other evidence to be relied on."
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