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"content": "(The House adjourned temporarily at 10.18 a.m.)"
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"id": 1465023,
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"content": "(The House resumed at 11.02 a.m.)"
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"id": 1465024,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1465024/?format=api",
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Senators, please, take your seats. Welcome back to this Sitting. Before we proceed with the business that is before us, allow me to make the following Communication."
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{
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"content": "HEARING AND DETERMINATION OF THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF HON. KAWIRA MWANGAZA, THE GOVERNOR OF MERU COUNTY"
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{
"id": 1465026,
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"speaker": null,
"content": "RECITAL OF THE MANDATE OF THE SENATE, RULES OF PROCEDURE AND HEARING PROGRAMME"
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{
"id": 1465027,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
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"content": " Hon. Senators, ladies and gentlemen, having dispensed with Order Nos.3 and 4 in today’s Order Paper and the pre-hearing meeting of Senators, which was a closed session, it is now time to commence the proceedings on the proposed removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County. By a letter, Ref. No. MCA/RES/VOL.IV/79, dated Friday, 9th August, 2024, the Speaker of Meru County Assembly informed the Speaker of the Senate that at a sitting of Meru County Assembly held on Thursday, 8th August, 2024, Meru County Assembly approved a Motion for the removal from office, by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County. The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."
},
{
"id": 1465028,
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"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
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"content": "The Speaker of the County Assembly of Meru forwarded the following documents to the Senate, being the record of proceedings of the County Assembly and the evidence adduced in support of the Impeachment Motion- (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/IVOL.I/24, inviting the Governor of Meru County to respond to the tabled Impeachment Motion; (vi) Affidavits of Service: (a) Copy of Affidavit of Service by Mr. Benson Kinyua Ngure serving H.E. the Governor of Meru County with an invitation letter and copy of the laid Notice of Impeachment Motion on behalf of the Speaker of the County Assembly of Meru; (b) Copy of Affidavit of Service by Mr. Joel Maitehia M’Rukunga serving H.E. the Governor of Meru County with a copy of the laid Notice of Impeachment Motion on behalf of Hon. Zipporah Kinya; and, (c) 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 a 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. the Governor of 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 of 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 17th July, 2024, Reference Number CAM/GEN/VOL.VII/39; (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/187; (h) Copy of letter dated 31st August, 2023, Reference Number CAM/GEN/VOL.VI/188; (i) Copy of letter dated 20th July, 2023, Reference Number CAM/GEN/VOL.VI/168; and, (j) Copy of letter dated 18th June, 2023, Reference Number CGM/CS/CA/VOL.I/023/17. The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."
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"speaker": null,
"content": "(Sen. Joe Nyutu consulted Sen. Miraj)"
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{
"id": 1465030,
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"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
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"content": "Sen. Joe Nyutu, take your seat. You may greet you colleagues later after the session. (ix) 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 during the afternoon Session; and, (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. (xi) Soft copy of the Third Edition Standing Orders of the County Assembly of Meru contained in an accompanying flash disk. Pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(a) of the Senate Standing Orders, at the sitting of the Senate held on Wednesday, 14th August, 2024, the charges against the Governor of Meru County as contained in the Motion of impeachment by the County Assembly of Meru 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 from office, by impeachment, of a Governor as provided for under Article 181 of the Constitution as read together with Section 33 of the County Governments Act, 2012 and Standing Order No.80 of the Senate Standing Orders. In particular, Article 181 of the Constitution states 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 for removal of a county governor on any of the grounds mentioned in clause (1).” Section 33 of the County Governments Act, 2012, Senate Standing Order No.80 and the Third Schedule to the Senate Standing Orders provide for the procedure to be followed in the hearing and determination on the proposed removal from office, by impeachment, of a Governor. Specifically, Section 33(3) 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. Hon. Senators will recall that at the sitting of the Senate held on Wednesday, 14th August, 2024, the Motion for the establishment of a special committee was defeated. This, therefore, The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."
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"id": 1465031,
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"content": "paved the way for the investigation on the proposed removal from office by impeachment, of Hon. Kawira Mwangaza, the Governor of Meru County, to be heard in Plenary. Hon. Senators, ladies and gentlemen, by way of a status update, pursuant to Rules 4(a) and 6 of the Rules of Procedure when considering the proposed removal of a governor in plenary, the Senate invited the Governor to appear and be represented before the Senate during the investigation. The Senate further invited the Governor, if she so chooses, to appear before the Senate to file an answer to the charges with the Office of the Clerk of the Senate by 5.00 p.m. on Saturday, 17th August, 2024, setting out- (i) The Governor’s response to the particulars of the allegations; (ii) The mode of appearance before the Senate; whether in person, by advocate or in person and by 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; and, (iv) Any other evidence to be relied on. Pursuant to Rules 4(b) and 7 of the Rules of Procedure, when considering the proposed removal of a governor in plenary, the Senate notified the County Assembly of the date for the commencement of the investigation and invited the County Assembly to designate Members of the County Assembly, who shall appear and be represented before the Senate during the investigation. 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 Saturday, 17th August, 2024, setting out documentation as follows- (i) Designating the Members of the County Assembly, if any, who shall attend and represent the Assembly in the proceedings before the Senate; (ii) Indicating the mode of appearance before the Senate; whether in person, by advocate, or in person and by advocate; (iii) Indicating 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; and, (iv) Specifying any other evidence to be relied on. Hon. Senators, ladies and gentlemen, on Saturday, 17th August, 2024, the Office of the Clerk of the Senate received a response, Ref. No. HKM-CAM/IM-24/CGA/2024-034, to the Invitation to Appear issued to the Governor, dated 17th August 2024, from M/s Mutuma Gichuru & Associates Advocates, who indicated that the Governor had appointed the firm to represent her in the proceedings before the Senate and that the Governor would also appear in person and by advocates. The letter also indicated the list of counsel representing the Governor and the list of witnesses for the Governor. Similarly, on 17th August, 2024, the office of the Clerk of the Senate received a response, Reference No.1/CAM-001/ab/24, dated 17th August, 2024, to the invitation to appear issued to the County Assembly from M/s A&B Advocates LLP, indicating that the firm had been appointed to represent the County Assembly. The letter also indicated the advocates representing the County Assembly and the witnesses for the County Assembly. The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."
}
]
}