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"id": 693129,
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"content": "the Senate convened a meeting of the Senate to hear charges against the Governor of Nyeri County. Further, on the same date, the Senate resolved to investigate the matter of the proposed removal from office, by impeachment, of the Governor of Nyeri County by the Senate in plenary. Hon. Senators, the mandate of the Senate in so far as it relates to the removal of a governor from office is provided for under Article 181 of the Constitution as read together with Section 33 of the County Governments Act, 2012, and Standing Order No.68 of the Senate Standing Orders. In particular, Article 181 of the Constitution provides as follows:- “(1) A county governor may be removed from office on any of the following grounds–– (a) gross violation of this Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gross misconduct; or (d) physical or mental incapacity to perform the functions of office of county governor. (2) Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds mentioned in clause (1).” Hon. Senators, as you may recall, in a ruling that I made on Thursday, 8th September, 2016, I stated that neither Article 181 of the Constitution nor Section 33 of the County Governments Act nor, indeed, our own Standing Orders shed any light on the procedure to be followed where the hearing and determination of the proposed removal from office of a governor by impeachment is to be undertaken by the Senate in plenary. Accordingly, pursuant to Standing Order No.1 of the Senate Standing Orders, I directed that the procedure which the Senate has previously utilized in forming special committees established pursuant to Section 33(3) of the County Governments Act, 2012, and Standing Order No.61(1) of the Senate Standing Orders, would apply with the necessary modifications to the hearing by the Senate in plenary. Hon. Senators, in this regard, the rules of procedure for the hearing and determination of the proposed removal from office, by impeachment, of a governor, has been circulated to all Senators, and to both the County Assembly and the Governor. The rules of procedure shall apply to these proceedings. Hon. Senators will further note that the hearing programme has been circulated, which details the various activities in the hearing and determination of the matter, and the time allocated to each activity. It will be crucial that all the parties comply with the time allocated. In summary, the programme is as follows:- Today, Tuesday 13th September, 2016, after we have dispensed with preliminary matters, the charges against the Governor as submitted by the County Assembly shall be read to the Governor. This will be followed by the opening statements to be made on behalf of both parties and thereafter the presentation of the case of the County Assembly. On Wednesday 14th September, 2016, the Governor will have an opportunity to present his case before the Senate. This will be followed by the closing statements by both parties. The Senate, therefore, urges all parties to observe the time allocated to them in the hearing programme so as to ensure that the matter is disposed of expeditiously. The Senate shall then proceed to a closed session for deliberations prior to voting on each of the charges. In accordance with Section 33(7) of the County Governments Act, 2012 and Standing Order No.68(5) of the Senate Standing Orders, the voting shall be by county 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."
}