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"content": "It is in this respect that I convened this special sitting of the Senate by Gazette Notice No.627 of 31st January, 2014, which was carried in a special issue of the Gazette Notice of the same day. Section 33(3)(b) of the County Governments Act and Standing Order No.65(1)(b) both provide that at this sitting, the Senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter. Indeed, hon. Senators will observe that at Order No.3 on today’s Order Paper, pursuant to these provisions of the law, the Senate Majority Leader will be giving Notice of a Motion for the establishment of a special committee. You will also observe that the Motion has, with the approval of the Speaker, been listed at Order No.4 of the Order Paper. This is the only business we have for this special sitting. Hon. Senators, should the Motion for the establishment of the special committee pass, the special committee will be required, under Section 33(4) of the County Governments Act and Standing Order No.65(2), to investigate the matter and report to the Senate within 10 days, on whether it finds the particulars of the allegations against the Governor and Deputy Governor to have been substantiated. If, however, - and note this - the Motion for the establishment of a special committee does not pass, it should be known that the default provisions set by law shall then kick in and the Senate shall proceed to investigate and consider the matter in plenary. The resolution of the Senate on the Motion by the Senate Majority Leader will, therefore, determine the manner in which this matter shall hence forth proceed. It is note worthy, and I wish to emphasis to all hon. Senators, that debate on the Motion shall be limited to the substance of the Motion namely, whether to establish a special committee consisting of the Senators listed to investigate the proposed removal of the Governor and Deputy Governor of Embu County. It is not a Motion on the 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 not a debate on the facts of the matter or their merits. It is, therefore, not permissible - and I will not hesitate to rule out a Senator to be out of order if he or she veers into any matters other than the Motion before the Senate. Hon. Senators, the hearing of charges for the proposed removal from office of a Governor or Deputy Governor of a county ranks up there among the most important and solemn duties of the Senate under the Constitution of Kenya, perhaps only coming second in order of importance to the processes of impeachment of a President and or a Deputy President at Articles 145 and 150 of the Constitution respectively. This is, therefore, a very important process that has no precedent in the legislative history of our Republic. All precedents from around the world are testimony to the fact that this is a most solemn process, calling for the highest level of responsibility and circumspection from all the Senators, not only in the plenary, but also, should the Motion by the Senate Majority Leader pass, by those Senators who shall be called upon to serve in the Special Committee. This is as much of a judicial process as it is a political process. Some would probably say that it is a judicial process. Finally, hon. Senators, this process puts to test our nascent Constitution and the instruments of accountability that we have set for ourselves. I urge that we all conduct The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}