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"id": 1038854,
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"content": "(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 mentioned in clause (1).” Section 33 of the County Government Acts, 2012, Standing Order No. 75 of the Senate Standing Orders and the Fifth Schedule to the 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. Hon. Senators, ladies and gentlemen, by way of a status update, pursuant to Rules 4(a) and 6 of Part 1 of the Fifth Schedule to the Senate Standing Orders, the Senate invited the Governor to appear and be represented before the Senate during its investigation. The Senate further invited the Governor, if he chose to appear before the Senate, to file an answer to the charges with the Office of the Clerk of the Senate by 4.00 p.m. on Tuesday, 15th December, 2020 setting out – (a) the Governor’s response to the particulars of allegations; (b) the mode of appearance before the Senate; whether in person, by advocate or in person and by advocate; (c) 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, (d) any other evidence to be relied on. Pursuant to Rules 4(b) and 7 of Part 1 of the Fifth Schedule to the Senate Standing Orders, 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, being not more than three Members, if any, who shall appear before the Senate to represent the County Assembly during the investigation. The County Assembly was further invited, if it chose to appear before the Senate, to file with the Office of the Clerk of the Senate by 4.00 p.m. on Tuesday, 15th December, 2020, documentation – (a)designating the Members of the County Assembly, being not more than three Members, if any, who shall attend and represent the Assembly in the proceedings before the Senate; (b) indicating the mode of appearance before the Senate; whether in person, by Advocate, or in person and by Advocate; (c) 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, (d) specifying any other evidence to be relied on. Hon. Senators, ladies and gentlemen, on Tuesday, 15th December, 2020, the Office of the Clerk of the Senate received a response to the Invitation to Appear issued to the Governor from M/s J. Harrison Kinyanjui & Co. Advocates, who indicated that the Governor had appointed the firm to represent him in the proceedings before the Senate, The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}