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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at a sitting of the Senate held on Thursday, 7th March, 2024, the Motion for establishment of a Special Committee was withdrawn pursuant to Standing Order No.7.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."
}