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"id": 692106,
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"content": "of the law. I will also be guided by Article 70 which gives priority to the disposal of a Motion on the impeachment of the governor in our Standing Orders. In paragraph seven, applying Article 259, it is, therefore, clear to me that there are two main pillars set out by the Constitution and the County Governments Act on the manner of proceeding with this process. These are:- (a) Expedition: The process must not linger or be left in abeyance for an inordinate amount of time seeing that it is the question of a possible vacancy in the high office of a governor of a county that is in issue. We, therefore, need to investigate the matter and conclude within a stipulated period of not more than ten days. (b) Procedural Propriety - namely, that the Senate acting as a quasi-judicial organ, must observe the principles of natural justice and, as far as possible, provide all the protections available to a citizen who is required to vindicate a right before a Constitutionally mandated organ. Hon. Senators, taking one thing with another, and borrowing from the procedure we have employed in the past, I direct that having read the charges against Hon. Gachagua, the Governor of Nyeri County yesterday, the Senate, sitting in Plenary will conduct a hearing and make a determination on whether it finds the charges against the Governor to have been substantiated. I direct that the procedure which the Senate has previously utilized through its Special Committee will also apply, with the necessary modifications, to the hearing by the Senate in Plenary. These procedures relate to the appointment and notification to the public of the days on which the Senate will consider the matter, invitation to the parties to appear, the summoning of witnesses and the procedure for the actual hearing. The detailed particulars of these are contained in the Rules of Procedure for the Hearing and Determination of the Proposed Removal from Office of a Governor which have been previously developed and which shall be circulated to all Senators and to the relevant parties. Suffice it to state, for now, that the Senate will meet on Tuesday, 13th, Wednesday, 14th and Thursday, 15th September, 2016, to hear and determine whether it finds any of the charges to have been substantiated. For the avoidance of doubt, the proceedings of the Senate during the hearings shall be held in public and the rules of the Senate when sitting in Plenary shall apply with such modifications as the Speaker shall determine. It should be noted, however, that prior to voting on the charges, the Senate shall retire to a Deliberative Session in Camera. In summary, the procedure will be as follows:- (a) Before the sitting of the Senate on Tuesday, 13th September, 2016, the Office of the Clerk shall issue invitations to appear to the Governor and to the County Assembly of Nyeri in which shall be set out the charges and which invitations shall indicate the date of the hearing and the information and the documents required for the purposes of the hearing. (b) Charges against the Governor of Nyeri County will also be availed to Members starting today, Thursday, 8th September, 2016. (c) Prior to the commencement of the hearings on Tuesday, 13th September, 2016, the Senate shall also meet in a pre-hearing camera briefing session. The members should note this one. The Senate shall, therefore, conduct the hearing which shall consist of hearing the case first by the County Assembly for the removal of the Governor and the response of the Governor to the charges. On conclusion of the hearings, the Senate shall, as I have indicated before, adjourn to a deliberative closed session, whereafter, the Senate shall re-assemble in Plenary and vote on each 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."
}