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"content": "Mr. Speaker, Sir, it is important to inform this House that the advocate for the Governor of Embu had serious reservations about the composition of this Special Committee and, in fact, went on to demand that we disqualify ourselves on two grounds; namely, that his client felt that we would not be impartial; and secondly, this Committee and the Senate were breaching the sub judice rule in Standing Order No.92 of the Senate Standing Orders. It is our humble report to this Senate that this Committee refused to grant Mr. Nyamu his request because the matter of the composition of this Committee had been sufficiently ventilated on the Floor of this House. You will recall that it was done by Sen. (Dr.) Machage, Sen. Madzayo and Sen. Khaniri. This occasioned a ruling from the Speaker in favour of proceeding with investigations. In fact, the proceedings of the previous impeachment were declared a nullity by the High Court; this has been annexed in this report. Having been declared a nullity by the High Court means that those proceedings were never there. They do not exist. It is, therefore, my conviction that reference to those particular proceedings can only mean delusions only in the beautiful dreams of the Governor and his advocate and not in reality. Mr. Speaker, Sir, as for the issue of sub judice, it was merely a claim from Mr. Nyamu. In the bundle of documents he had, he never annexed any petition to any court. He only mentioned that he had petitioned the High Court in Nyeri, but he never annexed that petition, neither did he show us the specific pleadings of the said matter in the court to support his claim to the Committee. Therefore, this Senate is technically not aware of such proceedings. According to the Standing Order No.92(5) on sub judice, the Chairperson of the Committee chose to proceed. On the wild allegations against this Committee about its integrity, I want to assure the country that we, the 11 Members of this Committee, are as clean as cotton. In fact, we play only one league; the league of Caesar’s wife. Finally before I go to the specific allegations, I see no witch-hunt. I see no tribalism or ethnicity whatsoever even on the part of the Members of the County Assembly of Embu because the Governor of Embu comes from the most populous ethnic community in Embu. In fact, this ethnic community in Embu is so adequately represented in the County Assembly of Embu that it commands 60 per cent of the elected Members of the County Assembly of Embu. It is important that the facts be stated here. In Embu, which is a cosmopolitan county, there are five communities represented in the Assembly namely; the Embu, the Mbeere, the Kamba, the Kikuyu and the Tharaka. There are 12 elected Embu MCAs, four nominated Embu MCAs totaling to 16. We have six elected and six nominated from Mbeere totaling to 12. For the Kamba, there are two elected, zero nominated. For the Kikuyu, there are zero elected and two nominated totaling to two. For the Tharaka, there are nil elected, but one nominated. Therefore, any claim there was an ethnic factor at play in Embu flies through the window. Mr. Speaker, Sir, there are specific charges. However, because of time, I wish to approach them this way. First of all, I want to inform the public and this House that in this Report which is with Members, on page 68, our conclusion is one, that all the three 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."
}