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{
"id": 1391951,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391951/?format=api",
"text_counter": 168,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "County Assembly, your 30 minutes is long gone. However, with this new direction that I have given, I will allow you to put the case of the County Assembly. You have dealt more on the preliminary objections. Proceed to state your case before we allow the representation from the Deputy Governor to also give us their opening statement. That way we will save on time."
},
{
"id": 1391952,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391952/?format=api",
"text_counter": 169,
"type": "speech",
"speaker_name": "Mr. Ndegwa Njiru",
"speaker_title": "The Lead Counsel for the County Assembly",
"speaker": null,
"content": " Mr. Speaker, Sir, we are most obliged. Our case is very simple. It is a case of a Deputy Governor who decides to use his office for personal gain. It is a case of a Deputy Governor gone rogue. It is a case of a Deputy Governor who has decided not to inspire the youths of this country. In my opening remarks, permit me to refer to the Bible book of Exodus, Chapter 18 verse 21. It says- “Moreover, look for able men from all the people, men who fear God, who are trustworthy and hate bribes.” Mr. Speaker, Sir, equally, permit me to refer to Surah ya Pili or the Second Chapter, Verse 188 of the Quran - “And their taking of bribe, to thou were forbidden, for taking it and the devouring of men substance worthful bribes, and we have prepared for the disbelief among them and a painful moment.” Mr. Speaker, Sir, the County Government of Kisii through the Gusii Water and Sanitation Company (GWASCO) advertises for a job for the commercial manager. The job is carried on the newspaper. The Deputy Governor gets to know about it, he informs his friend Mr. Joseph Mosati, whom he alleges he has been friends with for the last 32 years, that here is an opportunity where your son can be absorbed into employment. He plans on how to extort, defraud and benefit with Kshs800,000. He creates a scheme where he meets the Managing Director of GWASCO. He informs her in advance that he has a candidate who will be presenting his application before you. He attempts to convince her that at the appropriate time, “I will do the necessary--- ‘The necessary’ herein being bribing the Director of GWASCO for purposes of return of a favour in favour of Dennis Mosati. Dennis Mosati is given the responsibility by his father to raise the Kshs800,000. A young, poor, jobless man, a family man who is destitute and desperate for a job, does all within his means. He sells his salon so as to raise the Kshs800,000, sells all his household; sufurias and everything else, so that he could raise the Kshs800,000 as sought by the Deputy Governor. He succeeds in that mission, raises the money even from his friends. Upon the success of the mission of raising the Kshs800,000, he forwards the same. The father and the mother are involved in that scheme. Finally, the money lands to the Deputy Governor through M-pesa and cash. The County Assembly shall give evidence to that extent that, ‘yes, money was sent from the M-pesa of Joseph Mosati, Dennis Mosati the complainant and equally money was sent from the M-pesa of Anne Mosati. All the money landed to the benefit or the M-pesa of the Deputy Governor. 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."
},
{
"id": 1391953,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391953/?format=api",
"text_counter": 170,
"type": "speech",
"speaker_name": "Mr. Ndegwa Njiru",
"speaker_title": "The Lead Counsel for the County Assembly",
"speaker": null,
"content": "Subsequently, on the same day, the Deputy Governor sends Kshs100,000 to one Lucy Wahito. Upon receipt of this Kshs100,000, Lucy Wahito, the Managing Director of GWASCO is perplexed, wonders why the Deputy has decided to be that generous. Upon placing a call to the Deputy Governor in search of the reason for the remittance of the said amount, the Deputy Governor merely makes a statement: “You remember what I told you? This is meant for what I had told you when summoned you in my office.” The good Lucy Muhito decides to resend the said amount. Refuses to be influenced, bribed and corrupted. In essence, Lucy Wahito meets the qualifications of the persons described by the Bible and the Quran. She refuses to be corruptible. Finally, the Deputy Governor receives the money, Kshs100,000, resent back to him and makes no further follow ups. In his defence, he says that this was made to Lucy as an error. He takes no efforts to reverse the same or even call Lucy for the reversal. Mr. Speaker, Sir, the other limb of the case is where the Deputy Governor decides to abuse his office. Being the powerful man that he is and his brother being the miserable old man that he is, decides to have it fixed his way. He mobilises the County Government enforcement officers to go and arrest the poor, sickly and hopeless, Reuben Monda. He is bundled into the police vehicle at the behest of Deputy Governor. At the county Assembly, the HANSARD bears us witness that yes he confirmed that he is the one who mobilised the said enforcement officers. Be that as it may, the Deputy Governor with all the resources afforded to him, decides even to apply the county resources in applying four uniformed enforcement officers to do odd chores at his farm. Odd as even cooking for his dogs. The Senate is presented with a case such as this one. Previously, the cases of impeachment have been pegged mostly on the question of the violation of the Constitution and the mismanagement of county resources. This is a unique case; it is a case where we are not inviting the Senators to look at whether or not there is any resource or funds that have been lost. The question of oversight means, that the Senate also has to look and interrogate whether the person in the name of the County Deputy Governor squares out with Chapter Six of the Constitution. Is this a man full of integrity? Is this a man who can be trusted? Is this a man who can be held to account? Is this a man who is transparent? Is this a man who can inspire the youth? Is this a man who can be trusted with the county resources? Evidence will bear us witness when we begin to tender the same that Dennis is not the only victim. The public participation processes that were conducted on the 26th February, we have people claiming that yes, the Deputy Governor is a man who is full of insatiable greed for resources to the extent that, he solicits resources as low as Kshs8,000 so that he can facilitate the Governor’s bursaries. That is the man that is being trusted to oversee the activities of the County Government of Kisii. In the fullness of time, evidence will be tendered to prove that this is a man who does not deserve the mercy of this House or any further stay and holding that position of a Deputy Governor. How can a Deputy Governor solicit Kshs20,000, so that he can assist poor people and hustlers to access the bursary? 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."
},
{
"id": 1391954,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391954/?format=api",
"text_counter": 171,
"type": "speech",
"speaker_name": "Mr. Ndegwa Njiru",
"speaker_title": "The Lead Counsel for the County Assembly",
"speaker": null,
"content": "The Deputy Governor, you were elected by these individuals to serve them, but at the end of the day, you end extorting and defrauding them. He is not a man worth his salt or the favour of this House. Permit me to invite Mr. Mwangi for further submissions."
},
{
"id": 1391955,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391955/?format=api",
"text_counter": 172,
"type": "speech",
"speaker_name": "Mr. Mwangi Ndegwa",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": " Mr. Speaker, Sir, my name is Mwangi. The Deputy Governor receives money from Dennis Mosati at 8.33 p.m., he receives another bunch of Kshs49,000 at 8.37 p.m. on 28th May, 2023 and within a span of 40 minutes, he sends Kshs100,000 to the Managing Director of GWASCO, Lucy Wahito, at 9.24 p.m. on 28th May, 2023. He further sends money to three other people on the same day of 28th May, 2023. The last transaction on that day was made at midnight. He sends Kshs100,000. In his defence, he raises the issue that this money was sent by an error. Surely, from 9.24 p.m. to midnight when he was sending the last transaction of that day, the Deputy Governor did not realise that he had sent money by an error until he is reminded by one Lucy the following morning. Mr. Speaker, Sir, on the issue of arresting his own blood brother, Rueben Monda, the Deputy Governor deploys not only one, two or three, but a contingency of 20 county enforcement officers, accompanying police officers to arrest and bundle him into a motor vehicle. Surprisingly, his own brother, today, because of the ordeal that he went through on that day, he is now a diabetic man who has since started injecting himself with insulin, a condition that was not there before then. Hon. Members, as I cede my 10 minutes to Mr. Mutuma, I invite this hon. House to make a determination on the issue of whether or not the hon. Deputy Governor should be removed from office by a way of impeachment. As we have shown, and we shall strictly indicate to you and bring out through the witnesses, there was a clear and well calculated way by the Deputy Governor who even confirms that he spoke to one Lucy to seek for favours. He also confirmed that during the County Assembly session and the HANSARD confirms so. He also confirms that he spoke to Lucy about the issues of the bribe, but Lucy told him that the interview will be done by way of merit. Hon. Members, I cede my few minutes to Mr. Mutuma."
},
{
"id": 1391956,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391956/?format=api",
"text_counter": 173,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": " Thank you, Mr. Speaker, Sir, and the hon. Members of the Senate. The case of the Kisii County Assembly is simple. It is a cry by vulnerable members of our society who have suffered at the hands of their leaders. It is a case of vulnerable members of the society who have been exploited by those in positions, those that they pay through the taxpayers’ money. That is what these hon. Senators are being invited to make a determination on. Hon. Speaker, Sir, you will realise from the testimony of Dennis Misati that, as a result of this ordeal, his wife was depressed to the extent that she collapsed and lost their baby and this happened after 12 years of trying to get their second born. The thought of having sold everything that they had and losing everything that they called a source of livelihood was too much for her to bear that miscarried at the hands of the Deputy Governor. 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."
},
{
"id": 1391957,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391957/?format=api",
"text_counter": 174,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": "Hon. Senators, last year but one, I had the opportunity to appear before the Supreme Court where we were on the same side with my learned friend, Mr. Katwa Kigen. I want to quote what he said. He told the hon. Judges of the Supreme Court that, ‘you have a right to be angry. You have a right to be bitter.’ When a witness appears before you and concocts facts, twists events and lies to you while looking at you straight in the eyes and tries to twist a simple issue, then, as hon. Senators, you have a right to be angry. When you listen to the testimony of the Deputy Governor, you have that right. Invoke it. Tell him that he is lying. Tell him that whatever he is telling you does not make sense. You do not receive money from an innocent person, send it to the very person that you are being accused of seeking favour from and you do not make attempts to reverse it 48 hours later. The person you are seeking to bribe asks you to reverse and you do not then you come before the Senate and look them straight in the eye and say that you had sent that money by mistake. You have a right to be angry. Exercise that right. Most obliged, Mr. Speaker, Sir."
},
{
"id": 1391958,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391958/?format=api",
"text_counter": 175,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " The County Assembly team, have you concluded your Statement?"
},
{
"id": 1391959,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391959/?format=api",
"text_counter": 176,
"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
"speaker_title": "The Counsel for the County Assembly",
"speaker": null,
"content": " Yes, Mr. Speaker, Sir. However, I just want to mention that the simplicity of this case was witnessed on 31st December, 2012, when the Deputy Chief Justice, as then she was, Hon. Lady Justice Nancy Baraza, pinched someone's nose. The victim was Ms. Rebecca. Pinching the nose of an individual caused the Deputy Chief Justice of the Republic of Kenya to go home. That is the test. The test is; can a State officer be allowed to behave in such a manner? Does the conduct of the Deputy Governor answer to the tenets of Article 10 of the Constitution? Is he accountable? Is he transparent? Is he a man of integrity? Does he respect his office? Does this conduct bring honour and reputation to the office of the Deputy Governor? Equally, Mr. Speaker, Sir, we have the case of President Richard Nixon who faced impeachment in 1974 on the count of the Watergate Case. What had the President of the United United States of America done? He sent individuals to break into the Democratic National Convention offices at Watergate. He later made attempts to conceal that evidence. On that basis, a President went home. On the basis of soliciting and receiving Kshs800,000 from poor Kenyans, Mr. Monda must go home. On the basis of using the state resources to harass innocent and hopeless Kenyans, Mr. Monda must go home. On the count of misuse of the meagre county resources, Mr. Monda must go home. I so invite the Senators to keenly look at the case of Nixon and the case of Nancy Baraza. Most obliged."
},
{
"id": 1391960,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1391960/?format=api",
"text_counter": 177,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Thank you. I will now allow the team of the Deputy Governor to take us through their Statement. Counsel, there is a difference between an opening Statement and a final submission. What I have just heard from the last bit of the County Assembly are final submissions. So, let us hear your opening statement and not your final submission."
}
]
}