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"id": 484296,
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"content": "Mr. Speaker, Sir, whereas I heard the presentation of the report by the distinguished Senator and Chairperson of the Special Committee, Sen. Mutahi Kagwe, who is my friend, say that the Committee considered and deliberated on the question of whether the Senate or the Committee as a delegate of the Senate, has the mandate to look back into the merit of the processes and procedures followed by the County Assembly, that question was considered and a decision was taken that it was not going to be taken. But it is important, knowing that impeachment proceedings are, indeed, accusatorial proceedings; they are accusations; they are proceedings like those of a trial; the Committee was invited by ourselves – and I did invite the honorable Senate to look at Article 25 of the Constitution which says “A fair trial is one of the non-derogable rights of a citizen.” Article 50(2) gives conditions that would amount to a fair trial. The process and proceedings at the County Assembly of Machakos are a very distant off the mark of fairness. Why? On the 7th of July, 2014, the Deputy Governor complained to his colleagues in Cabinet that there was a deliberate lapse of his security and he felt that he was in danger. That Cabinet meeting decided immediately to amend the agenda; rather than discussing the complaint by Mr. Bernard Kiala, they decided to discuss the conduct of the Deputy Governor. It is noteworthy that at the end of the deliberations of that day, the Executive decided to write him a letter which I would equate to a notice to show cause. It was delivered to him on 8th of July, requiring him to come the following day, 9th of July, to explain himself. On the 9th July, indeed, he attended and requested for more time. They told him “All right, we will give you more time; come on 16th July,” which is 7 days afterwards. Curiously, Mr. Speaker, Sir, on that 9th of July – and I do not know how it was managed – on the one hand, the Cabinet is telling Mr. Kiala that he has 7 days to reply to those allegations, and on the same 9th July, they were busy swearing affidavits against him unbeknown to him –they did not tell him. The affidavits are all dated 9th except for two or three affidavits – actually two affidavits; the one for the matatu driver and the conductor, which are dated later on; and I think one other. Mr. Speaker, Sir, it is instructive that if you look at those affidavits in the record, they show that they were drawn and drafted by two firms of lawyers; B.N. Musau and Company Advocates, who represented the County Assembly of Machakos before the Committee. Some are also drafted by Nyamu and Nyamu Advocates, who were also representing the County Assembly before the Committee. The addresses given in those affidavits are Nairobi addresses. For B.N. Musau & Company Advocates, it is Reinsurance Plaza; and for Nyamu & Nyamu Advocates, it is in a building on Ralph Bunche Road, Nairobi. But they were sworn in the Office of the Governor by the admission of several witnesses on that day of 9th July, 2014. It is important to note that the firm of Nyamu & Nyamu Advocates, while acting for the County Government in drafting the affidavits accusing the Deputy Governor, billed the County Government. There is a fee note on record from the statement filed by Mr. Kiala with the said firm, that firm of lawyers asked the County Government of Machakos to pay them an amount of Kshs5,040,000 for the services they had rendered. They come around to represent the County Assembly before you or before the Committee but that is not the most important point. 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."
}