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{
"id": 1483462,
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"type": "speech",
"speaker_name": "Mr. Nyegenye",
"speaker_title": "The Clerk of the Senate",
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"content": ""
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"id": 1483463,
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"content": "3. Gross Misconduct"
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"id": 1483464,
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"content": "The particulars of this ground are as follows- 1. Bullying, Incitement, Vilification and Indecent Sexual Conduct On various occasions, the Governor has repeatedly engaged in (i) Gross misconduct. (ii) Gross violation of the provisions of Articles 10, 73 and 75 of the Constitution, and sections 29 and 34 of the Leadership and Integrity Act by: (a) publicly vilifying the residents of Kericho County with divergent views. A case in point is a Mr. Marwa from Londiani who, while attending an event in Londiani on 4th March, 2024, the governor publicly disparaged, demeaned and undermined and even threatened to use the services of the police officer assigned to him to manhandle him. Similarly, on 24th August, 2023, the governor, while commissioning a Renal Unit and a Bulk Liquid Oxygen Plant at Kapkatet Sub-County Hospital, the governor openly vilified, slighted, and berated Hon. Amos Birir, the Member of the County Assembly (MCA) Kapkatet Ward who had not attended the event describing him as “mentally blind” and “stupid”; The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1483465,
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"content": "(b) Further, on 15th August, 2023, while addressing the Press to counter the findings of the Ad Hoc Committee of the County Assembly on Londiani Accident, the governor spitefully referred to the Members of the said Ad Hoc Committee as “the funeral committee”; (c) The Governor has been operating with impunity as though he is above the law. On the second day of being sworn in to office, the governor led a mob to invade a private land owned by Mr. Joseah Kiplangat Kogo within Kericho Town and tore down the fence. The governor has since designated the subject land as an illegal dumpsite operated by the County Government without the consent of the registered proprietor, the National Environment Management Authority (NEMA) approval, gazettement by the county designating the parcel as a dumpsite and in total disregard of a court order issued by the Environment and Land Court in Kericho in ELC Petition No. E001 of 2022; JoseahKiplangat Kogo vs. County Government of Kericho . The Governor has also obstructed the enforcement of the orders by the Administration Police. The actions are illegal, contemptuous to the authority and dignity of the court and the rule of law, unethical and demeaning the office the governor holds. Further, as a result of the illegal actions of the governor, the county was condemned to pay the costs. (d) There are numerous complaints of governor’s indecent and unnatural sexual behavior by female partners who accuse the governor of, for instance, forcing them to unconsented anal sex, dangerous and unprotected sex, et cetera. (e) The governor has persistently intimidated, molested, harassed county officers who do not sing to his tune leaving officers jittery and creating an atmosphere of fear, uncertainty and despondency in the county and thus creating a toxic work environment. This violates the provisions of Sections 11 and 13 of the Leadership and Integrity Act, 2012. (f) The governor has persistently used divisive and unbecoming language which undermines the office he holds contrary to Section 8 of the Leadership and Integrity Act, 2012. (g) The governor has violated Article 75 (1) of the Constitution by drawing hefty allowances and a salary while failing to diligently report to work to the huge detriment of the discharge of his mandate as a governor and the performance of his functions. (h) The acts of the governor enumerated above have collectively brought dishonour and disrepute into the Office of the Governor in violation of Chapter 6 of the Constitution and the Leadership and Integrity Act, 2012. Hon. (Dr.) Erick Kipkoech Mutai, how do you plead to ground 3; guilty or not guilty?"
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"id": 1483466,
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"type": "speech",
"speaker_name": "Hon. Mutai",
"speaker_title": "The Governor of Kericho County",
"speaker": {
"id": 13310,
"legal_name": "Japheth Kiplangat Mutai",
"slug": "japheth-kiplangat-mutai"
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"content": " I plead not guilty."
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{
"id": 1483467,
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"text_counter": 73,
"type": "scene",
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"speaker_title": "",
"speaker": null,
"content": "(There was a Technical Hitch)"
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"id": 1483468,
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"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
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"content": "Thank you, Mr. Speaker, Sir. For record purposes, my name is Elias Mutuma appearing for the County Assembly of Kericho. I have two applications to make on preliminary basis. You will notice from the presentations and charges made that one of our witnesses is a young lady who will be appearing before the Senate to The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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{
"id": 1483469,
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"type": "speech",
"speaker_name": "Mr. Elias Mutuma",
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"content": "testify on instances of sexual exploitation, molestation to the extent of being forced into anal sex by the Governor. Mr. Speaker, Sir, to protect the integrity of the witness, we have made an application to have this witness protected, so that she is not exposed to the world. We have written a letter to the Speaker where we have disclosed her true identity and even attached a copy of her ID. We have no problem with the witness being confronted by the governor. We are requesting this House to allow that witness to testify in an environment where the world is not watching or where the world is not able to identify who she is. To that extent, we can allow counsel and the governor to meet the witness prior to the testing to provide her testimony so that they are able to know who the witness is. That application is made pursuant to Rule 28 of the Third Schedule. The second application, is that on Saturday at around 6.45 p.m., we were served with a response from the governor and we noted that they have raised two preliminary issues. The first one is on whether this Motion met the threshold that is being supported by two-thirds of the composition of the County Assembly of Kericho, and secondly, of a purported order that barred the proceedings from taking place. We have taken the liberty to prepare an affidavit on just those two issues. We have filed that application. We have served the same to my learned friend, Mr. Katwa Kigen, and we have also taken time to prepare enough copies for all the Senators. We humbly seek that that affidavit dated 13th October, 2024 be deemed as properly on record. That is all. I thank you."
},
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"id": 1483470,
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"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "",
"speaker": null,
"content": "Thank you, Mr. Speaker, Sir, and hon. Senators. We, first of all, take exception at the statement made by my colleague for the County Assembly saying as if it is a statement of fact, that there were sexual excesses. That is an issue for the courts and probably for this Senate, and so we take exceptions at the attempt to make it as if it is a statement of fact. For avoidance of doubt, we wish to say that there is no police report and there is no determination of that issue. I have three preliminary issues to request your audience on, and the Senate. The first one, is that we did file our documents and a flash disk on Saturday, the 12th. However, it turned out that they were not properly paginated and we have done a properly paginated set of documents and properly arranged the flash disk. Mr. Speaker, Sir, we kindly request and plead with you and the Senate to allow us to replace the improperly paginated documents with a properly paginated one. The contents and the substance remains the same and the same was served on my colleagues. I have had the occasion to have a word with my colleagues for the County Assembly and the general understanding is that subject to your ruling, we are in agreement that we are not contesting the affidavit that they have just introduced - the one dated 13th October, 2024 that my learned friend has referred to. In exchange, they are not contesting the replacement of the wrongly paginated bundle that we filed on Saturday and we brought the corrected one on Sunday the 14th. Mr. Speaker, Sir, other than that, I had indicated that we proposed to raise a preliminary objection to these proceedings and we flagged out three issues we wanted to argue. I kindly request for your audience on that application. The application to raise the preliminary objection is based on your Rule 14 and Rule 30, on issues of materiality and competence of the Motion before you. I pray that The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1483471,
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"type": "speech",
"speaker_name": "Mr. Katwa Kigen",
"speaker_title": "",
"speaker": null,
"content": "you allow us audience on that preliminary objection. As my colleague has already indicated, they are aware of our preliminary objection and they are also ready to argue it. Mr. Speaker, Sir, as an aspect of that application, we are aware that Rule 14 says that if you are to allow us to raise the preliminary objection, the time within which we can argue that is 30 minutes. Our preliminary objection, at least in our estimation is very substantial. There is a rider in that Rule 14 that you can adjust the time within which it can be allowed. With that in mind, we plead that you allow us one hour to raise the preliminary objection as opposed to the 30 minutes. Mr. Speaker, Sir, if you must although we pray that you do not, we are prepared to forfeit part of the time allotted to us for purposes of cross-examination of the witnesses for the County Assembly and for presenting our evidence the three hours thereafter. I rest my case there."
}
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