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"content": "CONVENING OF SPECIAL SITTING OF THE SENATE TO ESTABLISH A COMMITTEE TO HEAR CHARGES AGAINST THE GOVERNOR FOR KERICHO COUNTY Hon. Senators, in terms of Article 181 of the Constitution and Section 33 3(a) of the County Governments Act and our own Standing Order No.68 1(a) of the Senate Standing Orders, the Speaker of the Senate is required, within seven days after receiving notice of a resolution from the Speaker of a County Assembly, to convene a meeting of the Senate to hear charges against the Governor. It is in this respect that I convened this Special Sitting of the Senate by Gazette Notice No.3378 of 20th May 2014 which was carried in a special issue of the Gazette of the same date. Section 33 3 (b) of the County Governments Act and Standing Order No.68 1(b) provides that at this sitting, the Senate by resolution may appoint a special committee comprising 11 of its Members to investigate the matter. Hon. Senators will observe that at Order No.2 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 observe also that the Motion has been listed at Order No.3 of the Order Paper with the approval of the Speaker. 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.68 (2) to investigate the matter and to report to the Senate within 10 days on whether it finds the particulars of the allegations against the Governor to have been substantiated. If, however, the Motion for the establishment of a Special Committee does not pass, it should be known that the provisions set by law will 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 henceforth proceed. I wish to emphasize to all Hon. Senators as I have done before that debate on the Motion shall be limited to the substance of the Motion namely; whether to establish a special consisting of the Senators listed to investigate the proposed removal from office of the Governor of Kericho County. It is not a Motion on the propriety, prudence or even constitutionality or legality of the processes that have preceded the submission of this matter to the Senate. It is not a debate of the facts of the matter or its merits. It is therefore not permissible, and I will not hesitate to immediately rule a Senator to be out of order if she or he digresses into any matters other than the Motion before the House. I should also indicate that this is a matter which in terms of Article 123 of the Constitution and Standing Order No.72 of our Standing Orders affects counties and, therefore, the vote on the Motion when we come to it shall be by delegations as provided for under Standing Order No.71. 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."
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