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{
"id": 1479484,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1479484/?format=api",
"text_counter": 134,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": "pending the determination of a Motion in the National Assembly, which may find its way to the Senate. Two more Senators namely; Sen. Samson Cherarkey, MP, and Sen. Enoch Wambua, MP, rose in support of the point of order. In the point of order, the Senate Majority Leader expressed concern that some Senators may have made utterances at various fora on the matter. Further, that some Senators may also have proceeded to express their view on the matter, one way or the other. It is in the public domain that a Motion has been filed in the National Assembly on the proposed removal from office by impeachment of H.E. Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya. In accordance with Articles 145 and 150 of the Constitution, this is a matter that may be referred to the Senate for consideration and determination. However, as this matter is currently before the National Assembly, Standing Order No.101 (5) provides that it shall be out of order for a Senator to criticize or call to question the proceedings in the National Assembly. As such, therefore, I caution all Hon. Senators to desist on commenting on the proceedings in the National Assembly on this matter. With respect to general comments of hon. Senators on the proposed removal from office by impeachment of the Deputy President, I refer hon. Senators to the requirements of Article 145 (2), which requires the Speaker of the National Assembly to notify the Speaker of the Senate, if a Motion to remove from office by impeachment of the Deputy President is supported by at least two-thirds of all members of the National Assembly. Action will be required of the Senate on the resolution pursuant to Article 145 (3) of the Constitution. The Senate, being the trial Chamber on the proposed removal from office by impeachment of the Deputy President, will be sitting as a quasi-judicial body to hear and determine the matter. Comments made, whether written or spoken, may prejudice the just outcome of the process not only in the Senate, but also in the National Assembly, as this is a function undertaken by both Houses of Parliament. Hon. Senators, earlier today, I received documents from the County Assembly of Kericho on the proposed removal from office, by impeachment of Hon. (Dr.) Erick Kipkoech Mutai, the Governor of Kericho County. At an appropriate time, I will communicate the Message received from the Kericho County Assembly on the proposed removal from office by impeachment of the Governor of Kericho County. On the impeachment procedure of a county governor, this will be the sixth hearing that the Senate will undertake in the 13th Parliament. I expect that hon. Senators are familiar with the rules of procedure pursuant to Section 33 of the County Governments Act and Standing Order 80 of the Senate. Like the hearing and determination of the proposed removal of the Deputy President, the trial chamber for such removal of a governor is the Senate. Similarly, comments made on the matter, whether written or spoken, in relation to the proposed removal from office of the Governor of Kericho County, may prejudice the just outcome of the process and the fair determination of the hearing. Hon. Senators, I urge you to remain cognizant that comments on the impeachment process by hon. Senators may be relied on by parties here in the Senate and in courts of law, as was the case in High Court Petition E425 of 2020; Mike Sonko Mbuvi Gideon Kiokovs Office of the Attorney General and the Independent Electoral and Boundaries The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}