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{
    "id": 425259,
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    "content": "The Special Sitting was held on 4th February as Members will remember. The Order Paper and Votes and Proceedings are attached as annexure 3. I refer you to it. At that sitting, the Speaker of the Senate, by way of a Communication from the Chair informed the Senators that he had received communications from the Speaker of the County Assembly of Embu relating to Motion on the Removal of the Governor and Deputy Governor of the Embu County. The Communication of the Speaker, hon. Members, is attached on annexure 4. Thereafter, the Senate Majority Leader gave notice and moved the Motion that I referred to earlier. The Motion say then led to the formation of the Committee I have referred to as a Special Committee. The mandate was; to investigate the Proposed Removal from the Office of the Governor and Deputy Governor of Embu County and to report to the Senate within ten days, as we will do this afternoon. This depends on whether we find the particulars of the allegations to have been substantiated. Following the deliberations on the Motion, this Committee was formed and we assumed work. I would like to briefly mention the method of our work. In execution of its mandate, the Committee conducted a number of activities which are set out below as follows. We held meetings of the Special Committee. The Special Committee held its first meeting on the afternoon of 4th February, 2014 following its establishment. Pursuant to Article 181, at that meeting, the Clerk of the Senate conducted elections where we identified the Chairperson and the Vice Chairperson. We then did indicative programme events. Following the conduct of the elections, at the first sitting of the Committee, the Committee considered an indicative programme of events which is attached as annexure 5. The Committee observed that in terms of Section 33(4) (b) of the County Governments Act, 2012 and Standing Order No.65 (2) (b), the Committee had only ten days within which to investigate the matter in respect of both the Governor and Deputy Governor and, thereafter, to report to the Senate on whether it found the particulars of the allegations against the two to have been substantiated. Mr. Speaker, Sir, the Committee further observed that from the experience of other jurisdictions, proceedings for the removal of persons from office, commonly referred to as Impeachment Proceedings are quasi-judicial in nature. The proceedings bear close resemblance to a courtroom trial complete with the examination and cross examinations of witnesses. Witnesses are represented by counsel. It was evident, to the Committee, at that early stage bearing in mind the nature of the proceedings anticipated in the proceedings of removal from office of the Governor; and further taking into account that the Committee’s mandate extended to the consideration of the proposals of the removal from office of, not one, as is usually the case in the experience of other jurisdictions, but two office holders. The Committee had the onerous task of ensuring that the statutory timelines were adhered to. The Committee, therefore observed then and throughout its proceedings that Section 33(4) (b) of the County Governments Act, 2012 and Standing Order No.65 (2) (b) of the Senate Standing Orders may require to be amended so as to provide for ample time for the Committee to fully and effectively discharge its mandate while at the same 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."
}