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{
"id": 1462902,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462902/?format=api",
"text_counter": 28,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order No.48 (4) and (6), received a Message from the Speaker of the County Assembly of Meru regarding the removal from office, by way of impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County. The Message was conveyed to the Senate via a letter dated Friday, 9th August, 2024, signed by the Speaker of the County Assembly of Meru and received in my office on the same date indicating that the County Assembly had passed the resolution to remove the Governor from office, pursuant to Article 181(1)(a), (b) and (c) of the Constitution as read together with Section 33 of the County Governments Act and Standing Order No.65 of the Standing Orders of the County Assembly of Meru, on the following grounds. The grounds for removal are as follows- 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": 1462903,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462903/?format=api",
"text_counter": 29,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(1) Gross Violation of the Constitution and other laws"
},
{
"id": 1462904,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462904/?format=api",
"text_counter": 30,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "The particulars of this allegation are that the Governor did the following- (i) Violated Articles 10(2), 27, 41, 47, 73, 232, 235, 236 and 251 of the Constitution by illegally revoking the appointment of CPA Virginia Kawira Miriti as Secretary/CEO of the Meru County Public Service Board (CPSB) without the requisite vote from the County Assembly, thus usurping the powers of the Assembly; (ii) Breached sections 10, 15, 19, and 24 of the Public Officers Ethics Act, 2003, sections 3, 7, 8, 9, 10, 11, 13(1)(b), (f), 21, 29, and 52 of the Leadership and Integrity Act, 2012, and Section 4 of the Public Appointments (County Assemblies Approval) Act by failing to appoint the Chairpersons of key county boards and allowing unauthorized persons to oversee public funds without proper accountability; (iii) Refused to implement the recommendations and resolutions of the County Assembly on the dismissal of the County Secretary, Dr. Kiambi Atheru Thambura, and the Chief of Staff, Mr. Harrison Gatobu Nchamba Mbithi, for gross violation of the Constitution and other laws and failed to submit a report to the County Assembly on the implementation of the said resolutions of the Assembly in direct violation of Article 183(3) of the Constitution; and, (iv) Illegally dismissed Dr. Ntoiti (CEO of County Revenue Board), Paul Mwaki (CEO of Liquor Board), Kenneth Kimathi Mbae (Managing Director of Meru Microfinance Corporation), and Joseph Kithure Mberia (CEO of MEWASS), contrary to the provisions of the Meru County Revenue Board Act and the Meru County Investment and Development Corporation Act, thereby leading to significant financial penalties by the Employment and Labour Relations Court against the County Government on account of legal costs and damages."
},
{
"id": 1462905,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462905/?format=api",
"text_counter": 31,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(2) Gross Misconduct"
},
{
"id": 1462906,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462906/?format=api",
"text_counter": 32,
"type": "other",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "The particulars of this allegation are that the Governor- (i) Misled the public by falsely claiming that Kshs86 million was raised through a Paybill number after the murder of Daniel Muthiani alias Sniper, while the actual amount raised was Kshs286,516, in violation of the Public Officer Ethics Act and the Leadership and Integrity Act."
},
{
"id": 1462907,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462907/?format=api",
"text_counter": 33,
"type": "speech",
"speaker_name": "(3) Abuse of Office",
"speaker_title": "",
"speaker": null,
"content": "The particulars of this allegation are that the Governor- (i) Authorized irregular payments of emergency call allowances to 161 doctors and medical officers using the wrong rates resulting in an overpayment of Kshs74,340,000, contrary to the Anti-Corruption and Economic Crimes Act and other relevant laws; (ii) Used a manual payroll to pay personnel emoluments amounting to Kshs102.94 million, contrary to established financial regulations in Section 6.7.6 of the County Financial Accounting and Reporting manual; (iii) Employed a bloated workforce of at least 111 personnel in the office of the Governor, increasing the county wage bill beyond the legal limit, in violation of the Public Finance Management (County Governments) Regulations, 2015; 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."
},
{
"id": 1462908,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462908/?format=api",
"text_counter": 34,
"type": "speech",
"speaker_name": "(3) Abuse of Office",
"speaker_title": "",
"speaker": null,
"content": "(iv) Continued to pay full salary and benefits to a Public Communication Officer accused of murder, in violation of the Public Service Commission Discipline Manual for the Public Service. Hon. Senators, annexed to the letter conveying the decision of the County Assembly were the following documents- (i) Copy of Approved Notice of Motion \"the Motion\" dated 31st July, 2024, laid on the Table of the Assembly on Wednesday, 31st July, 2024 (Afternoon Sitting). (ii) Copy of Exhibits - Laid on the Table of the Assembly on Wednesday, 31st July, 2024 (Afternoon Sitting). (iii) Order Papers for the Assembly sittings of Wednesday, 31st July, 2024 (Afternoon Sitting), Tuesday, 6th August, 2024 (Afternoon Sitting) and Thursday, 8th August, 2024 (Morning Sitting). (iv) Certified Hansard Reports for the Assembly sittings of Wednesday, 31st July, 2024 (Afternoon Sitting), Tuesday, 6th August, 2024 (Afternoon Sitting) and Thursday, 8th August, 2024 (Morning Sitting). (v) Copy of letter dated 31st July, 2024 Reference Number MCA/GC/VOL.I/24 inviting the Governor Meru County to respond to the tabled impeachment Motion. (vi) Affidavits of Service-"
},
{
"id": 1462909,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462909/?format=api",
"text_counter": 35,
"type": "speech",
"speaker_name": "(3) Abuse of Office",
"speaker_title": "",
"speaker": null,
"content": "(1) Copy of affidavit of service by Mr. Benson Kinyua Ngure serving H.E the Governor Meru County with an invitation letter and a copy of the laid Notice of Impeachment Motion on behalf of the Speaker County Assembly of Meru; (2) Copy of affidavit of service by Mr. Joel Maitehia M'Rukunga serving H.E the Governor Meru County with a copy of the laid Notice of Impeachment Motion on behalf of Hon. Zipporah Kinya; and, (3) Copy of letter dated 6th August, 2024 Reference Number MCA/GC/l/VOL.V26 forwarding to H.E the Governor a copy of the laid Report on Public Participation on the Notice of Motion. (vii) Certified copy of a form for verification of signatures for Members in support of the Motion for Removal of the Meru County Governor by Impeachment dated 8th August, 2024 made pursuant to the provisions of Standing Order No.65 (4). (viii) Certified copy of the roll call vote on the Motion for the impeachment of H.E Governor Meru County held during the Assembly sitting of Thursday, 8th August, 2024. (ix) Documents tabled during the debate on the Motion for Removal of the Governor, Meru County by impeachment: (a) Appointment Letter for one Matiri Kenneth Mutua dated 13th February, 2023, Reference Number CGM/CPSB/APPT/VOL.3/2023(22); (b) Copy of letter dated 6th August, 2024, Reference Number CAM/GEN/VOL.VII/40; (c) Copy of letter dated 31st July, 2024, Reference Number CGM/CS/CA.023/26 Vo1.3(390); (d) Copy of letter dated 7th July, 2024, Reference Number CAM/GEN/VOL.VII/39; 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": 1462910,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462910/?format=api",
"text_counter": 36,
"type": "speech",
"speaker_name": "(3) Abuse of Office",
"speaker_title": "",
"speaker": null,
"content": "(e) Copy of letter dated 15th July, 2024, Reference Number CGM/CS/CA/VOL.3/023/382; (f) Copy of letter dated 31st August, 2023, Reference Number CAM/GEN/VOL.VI/187; (g) Copy of letter dated 31st August, 2023, Reference Number CAM/GEN/VOL.VI/188. (h) Copy of letter dated 20th July, 2023, Reference Number CAM/GEN/VOL.VI/168; and, (i) Copy of letter dated 18th June, 2023, Reference Number CGM/CS/CA/VOL.I/023/17. (x) Evidence of Public Participation- (a) Jhua technology flash disk 32GB containing video annexures evidencing the particulars alleged in the Motion, as well as voice adverts on the public participation on the Motion run on various radio and TV stations. (b) Pictures and videos of the various public participation fora held on Monday, 5th August, 2024, contained in the accompanying flash disk. (c) Copy of Public Participation Report dated 6th August, 2024, and laid on the Table on Tuesday, 6th August, 2024 (Afternoon Sitting). (d) Written/printed memoranda from different wards and regions submitted to the County Assembly during the public participation exercise on the Motion submitted both in support and against the Motion. The memoranda inclusive of submissions received via email. Minutes, attendance registration sheets and registration forms for memoranda of the public participation held on Tuesday 13th December, 2022. (e) Soft copy of the Third Edition Standing Orders of the County Assembly of Meru contained in an accompanying flash disk. Hon. Senators, in terms of the way forward following the reading of the charges against the Governor, Standing Order No. 80(1)(b) of the Senate Standing Orders, as read together with Section 33(3)(b) of the County Governments Act, gives the Senate two options on how to proceed with this matter. The Senate may – (a) by Resolution, appoint a Special Committee comprising 11 of its members to investigate the matter; or (b) investigate the matter in plenary. The Senate Majority Leader will, at an appointed time during this sitting, give a Notice of Motion for the establishment of a Special Committee. Should this Motion be carried, the Special Committee will be required, under Section 33(4) of the County Governments Act and Standing Order No. 80(2) of the Senate, to investigate the matter and to report to the Senate on whether it finds the particulars of the allegations against the Governor to have been substantiated. In the event that the Motion for the establishment of a Special Committee does not pass, the fallback position is that the Senate shall proceed to investigate and consider the matter in Plenary. In this event, I will appoint the dates on which the Senate will sit in Plenary to hear and determine the charges against the 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": 1462911,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1462911/?format=api",
"text_counter": 37,
"type": "speech",
"speaker_name": "(3) Abuse of Office",
"speaker_title": "",
"speaker": null,
"content": "Hon. Senators, it is noteworthy, and I wish to emphasize to all honourable Senators that when we come to the debate on the Motion for the establishment of the Special Committee, debate on the Motion shall be limited to the substance of the Motion, principally, whether or not to establish a Special Committee. It will not be a debate on the substance of the impeachment or its merits, propriety, prudence or even the constitutionality or the legality of the processes that have preceded the submission of this matter to the Senate. It is, therefore, not permissible to deviate to any issues other than the Motion before the Senate. In the meantime, and during the pendency of the Impeachment process in the Senate, I wish to caution honourable Senators to desist from publicly commenting on the merits or demerits of the impeachment Motion before the Senate. Doing so would amount to anticipation of debate, which is an infringement of Standing Order No.99. Therefore, it shall be out of order, within the meaning of Standing Order No.122, for any Senator to make comments, whether written or spoken, in relation to the conduct of the Governor or the impeachment process, which is outside the confines of the impeachment proceedings as such comments may prejudice the just outcome of the process. Hon. Senators, this is the fifth impeachment hearing in the 13th Parliament, and the third one involving the Governor in question. In undertaking this mandate, the Senate will be sitting as a quasi-judicial body and will conduct investigations into the alleged infractions of the Constitution and the law and thereafter make its determination on the matter. As such, this is a reminder that the impeachment hearing is not just a procedural formality, but a fundamental process that plays a crucial role in upholding the principles of democracy and good governance. This hearing is one of the most crucial oversight tools and singular roles of the Senate. Hon. Senators, obviously, this matter is one of immense public interest. I wish to emphatically reaffirm that the Senate will deliberate and reach a decision on this case purely based on its merits. The Senate will uphold the integrity of this process by ensuring objectivity and will not be influenced by external pressures or undue influence from parties outside this Chamber. I conclude by urging all honourable Senators to exercise the highest level of responsibility on this particular matter. I thank you. Next Order. The Senate Majority Leader, proceed."
}
]
}