{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=144691","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=144689","results":[{"id":1465092,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465092/?format=json","text_counter":125,"type":"speech","speaker_name":"Mr. Boniface Mwereru Mawira","speaker_title":"","speaker":null,"content":"oversight role if its summons, statements, resolutions and even recommendations are ignored and disregarded by the County Executive under the watchful eye, cover and protection of the Governor? The County Assembly summons witnesses to appear before it but members of the Executive do not heed such summons. What redress is the County Assembly left with other than coming before you? This House is a protector of devolution and we beseech you to protect devolution that is on its deathbed in Meru County. Hon. Senators, we shall demonstrate countless discreditable acts, all of which amount to gross violation of the Constitution and other laws, abuse of office and gross misconduct. I am not belittling what my learned Senior said, that money has been lost. However, there is a lot of misinformation out there that for you to succeed in an impeachment process or for an impeachment charge to be upheld, you need to show that money has been lost or there was misappropriation. I will refer to Article 181 of the Constitution and its replica in Section 33 of the County Governments Act. The Constitution talks about gross violation of the Constitution, gross misconduct or abuse of office. That provision is to be read holistically and together with Article 75(1) of the Constitution, which talks about the conduct of state officers. I will read it- “A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids-- (a) any conflict between personal interests and public or official duties; (b) compromising any public or official interest in favour of a personal interest; or (c) demeaning the office the officer holds.” That is a provision. It is not just a matter of misappropriation or loss of money. Your conduct as a state officer, whether in public and official life or private life, would equally meet the threshold for impeachment. I will not state names, but we have seen in this very Republic, gross misconduct by state officers elsewhere. They have been held to account notwithstanding that there was no loss of money. Mr. Speaker, Sir, we will show you specific acts by the Governor in her own name. Therefore, the defense of; “it was not me” does not avail itself. Of course, attempts have been made by the Governor to deflect these specific acts on her part, including, forgery of documents. Those documents have been filed and are before you, hon. Senators. Those documents which the County Assembly has are outright forgeries. They are meant to hoodwink and deflect the attention of this House from the real issues. For example, that forgery relates to a specific act by the Governor in revoking the appointment of the Chief Executive Officer (CEO) of the Meru County Public Service Board. Letters have been forged to cover up and hoodwink this honourable House to divert attention from that specific act in her own name by her own signature and under her own hand. Mr. Speaker, Sir, we are going to demonstrate that the Governor has persisted in a path of impunity through the County Secretary and the Chief of Staff. This has been raised in previous impeachment proceedings and the Governor said it was not her. Luckily, the law envisages such a situation as the one before you where, a state officer or a public officer says; “it was not me, it was so-and-so”. Section 24 of the Public Officer Ethics Act and Section 35 of the Leadership and Integrity Act are about the conduct of a state officer acting through others. Those provisions are expressed that public officer is still liable for the acts that are done through others. So, even if The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."},{"id":1465093,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465093/?format=json","text_counter":126,"type":"speech","speaker_name":"Mr. Boniface Mwereru Mawira","speaker_title":"","speaker":null,"content":"that act was done by someone else, the law envisages that acting through others is not a defense to certain acts by the state officer. What recourse does the County Assembly have if it made recommendations pursuant to previous impeachment proceedings that the Governor takes action against these specific officers? The Governor disregarded and ignored those recommendations of the Assembly. So, should the County Assembly sit pretty as this cabal of officers continues to take Meru County down the drain? These officers must be stopped in their tracks. Mr. Speaker, Sir, the events leading to this day, the fact that this Motion is before you, are what I would call an act of grace by God Himself. That, the County Assembly has an opportunity to be heard before this House today. There have been many threats, intimidation and attempted arson to the County Assembly on the eve of the debate of the impeachment Motion yet this is the County Assembly that is expected to oversight the Governor. Clearly, all attempts have been made to hamstring the County Assembly and this House, in the exercise of its oversight mandate. At some point, we were told that the County Assembly and even this House does not have jurisdiction, that, we should appear before Njuri Ncheke for hearing of the charges. The Governor will, of course, tell you that the County Assembly is abusing its oversight role. That, the County Assembly has been held captive by some external forces. However, my question is: How is that an answer to any of the charges? For instance, how is that an answer to the allegation that the Governor illegally revoked the appointment of the CEO of the Meru County Public Service Board by her own hand, signature and name? How is this purported capture by external forces a response to these specific allegations against the Governor? Many other attempts will be made to divert attention from the real issues. Videos will be played by some common man or ordinary people in Meru abusing even this honourable House, the Speaker and the Senators saying that this is a House of greed and bribery. How is that an answer to the specific charges? All these videos are not by Members of the County Assembly (MCAs) or elected leaders, they are just by wannabes or whatever you may call them. Probably, even political activists. There is a real attempt to shift your attention from the issues that are in the Motion, so that you consider other extraneous material that is not in any way associated with the County Assembly and of course, pass a verdict that is not just to the County Assembly. Although leadership is vested in a state officer, it is a public trust. Pursuant to Article 73, it should be exercised in a manner that promotes public confidence and integrity of that office, bring honor and dignity to that office and should equally demonstrate respect for the people. We are going to play video evidence before you of some utterances by the Governor that are not only insensitive, but actually, fall short of the constitutional requirement that, a Governor, in his or her conduct, should demonstrate respect for the people. Mr. Speaker, Sir, all these allegations fall within chapter six of the Constitution of Kenya, specifically, Article 75 which provides that; any person who is involved in conduct that falls short of the constitutional requirements, may be dismissed or otherwise removed from office. So, this is not an invention of the County Assembly, it is the Constitution. The Constitution says that such conduct is not only to be rebuked or condemned, but it is conduct that amounts to grounds for removal from office. Of course, the underlying tone of the Governor's response, that is, a posture that she will take when she takes the stand is that; she is a victim of misogyny, male chauvinism, toxic masculinity and all these other gender attacks The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."},{"id":1465094,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465094/?format=json","text_counter":127,"type":"speech","speaker_name":"Mr. Boniface Mwereru Mawira","speaker_title":"","speaker":null,"content":"against her. Even in her own response, she says that she is a woman governor and we appreciate that. It is the people of Meru who elected her, including, the men in Meru County. Some of them are even here while others are MCAs. Is gender a shield? Should your gender be a cover that you cannot be held accountable because you are male or female? As I pen off, there is the issue of the thresholds for impeachment. The Supreme Court has on occasion, in a single case stated with precision, the threshold requirement for impeachment proceedings. It has stated that the threshold is not the threshold required to prove criminal culpability in criminal cases, it is not the threshold of beyond reasonable doubt, it is the threshold of above a balance of probability, but below reasonable doubt. Therefore, that intermediate standard of proof through the various exhibits and testimonies that we will play and present before you is a result that would not only be met at the County Assembly. We equally discharge the barren on its path in line with that interpretation by the Supreme Court. Another question is on what amounts to grossness. The Constitution talks about gross violation of the Constitution and gross misconduct. Therefore, the Supreme Court, while quoting the decision in Martin Nyaga Wambora from the Court of Appeal, clarified that the allegations must be serious, substantial and weighty and there must be annexures. Specific acts done by the Governor and others through officers who are working under her watchful eye, cover and protection, are all attributable to her. She disregarded resolutions of the Assembly to take action against them. Therefore, it must be that they were doing those illegal acts under instructions. Mr. Speaker, Sir, we will demonstrate through our various pieces of evidence that the County Assembly has no recourse, but to turn to this House for redress and to redeem the devolution that has clearly died in Meru. The Governor is at war with doctors, Members of the County Assembly (MCAs), the church and even contractors. The Governor has even shifted contracts that are supposed to be done by the people of Meru or other Kenyans to the national Government while the devolution is about taking resources to the county. How is this Governor supposed to deliver for the people of Meru? Mr. Speaker, Sir, that is all. Thank you for listening to me. My learned senior, Mr. Ndegwa can take the remaining minutes."},{"id":1465095,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465095/?format=json","text_counter":128,"type":"speech","speaker_name":"Mr. Ndegwa Njiru","speaker_title":"","speaker":null,"content":"Yes. Thank you, Mr. Speaker, Sir. In summary, joining issues with the submissions made by my learned friend, especially on the issue of the attempted arson, it is not a coincidence that attempts to burn down the County Assembly of Meru was at the night of 8th August, 2024, when the County Assembly was seized with the impeachment Motion. It is not a coincidence that individuals have been charged before the court of law as a result of that attempt. Hon. Senators, the proposals being made out there, some of which are constitutional, including the dissolution of the County Government of Meru is not a solution to the problem that we have. Why? This is because we have identified the problem. The problem is one individual, Governor Kawira. It is a problem of mismanagement and accountability, which rests with Governor Kawira. Service delivery has been compromised. We will play to you videos of babies being born outside a health centre in a karai ."},{"id":1465096,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465096/?format=json","text_counter":129,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"(Technical hitch)"},{"id":1465097,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465097/?format=json","text_counter":130,"type":"speech","speaker_name":"Mr. Ndegwa Njiru","speaker_title":"","speaker":null,"content":"The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."},{"id":1465098,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465098/?format=json","text_counter":131,"type":"speech","speaker_name":"Mr. Ndegwa Njiru","speaker_title":"","speaker":null,"content":"The facility is closed at 11.00 o'clock in the morning when you expect it to be fully functional. No service is being delivered and expectant mother delivers outside. The people of Meru County expected that with the inception of devolution and with the health sector being apportioned to the County Government of Meru, they will have proper stewardship, proper managers and people who care about the health status of the people of Meru County. As we speak, no explanation has been ever given by the Governor on why an expectant mother had to deliver outside a facility in a karai ya maji . That is a pathetic situation in Meru County. No apology has ever been given by the Governor. No actions has ever been taken to ensure that such action does not occur. No disciplinary actions taken in respect to that particular facility. That is the case for the County Assembly. We urge you, hon. Senators, to listen to us, give us time to substantiate the simple charges that we shall place before you. It is a case of mismanagement, unaccountability, bad governance, a Governor gone rogue, victimization of the officers serving under the office of the Governor, a case of making sure that systems clog to the benefit of few individuals. That is the simplicity of our case. We will present you with concrete evidence to prove that simple case; the case that meets the threshold as enshrined in Article 181 and as read together with Section 33 of the County Governments Act. It is a case about the status of the Governor of the Meru County Government. As I pen off, some of the proposals being made can be resolved with actions being taken before this Senate. Most obliged."},{"id":1465099,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465099/?format=json","text_counter":132,"type":"speech","speaker_name":"Hon. Kingi","speaker_title":"The Speaker","speaker":null,"content":" I will now invite the Counsel for the Governor to proceed to make an opening statement. Your time starts running from now. Not more than 30 minutes."},{"id":1465100,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465100/?format=json","text_counter":133,"type":"heading","speaker_name":"","speaker_title":"","speaker":null,"content":"OPENING STATEMENT ON BEHALF OF THE MERU COUNTY GOVERNOR"},{"id":1465101,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1465101/?format=json","text_counter":134,"type":"speech","speaker_name":"Mr. Elias Mutuma","speaker_title":"","speaker":null,"content":"Thank you, Mr. Speaker, Sir. I will do five minutes. My learned senior, Mr. Ongoya, will do the remaining bit. Before I cede ground to my learned friend, I thought that I should remind you of remarks made by the team representing the County Assembly in November, 2023 when we were here for the last impeachment. Counsel representing the County Assembly predicted or rather prophesied that we will be back here. Counsel then was very quick to put a disclaimer that though he is not a prophet, neither does he come from a family of prophets, he was sure that we would be here. For sure, we are here today. So, the question is, if counsel was not a prophet neither does he come from a family of prophets, how could he predict with precision that indeed we will be here and the prediction comes to pass? Hon. Senators, I came across a quotation by Abraham Lincoln and Peter Drucker who said, the surest way to predict the future is to create it. So, they went and created this moment. That is why they were able to predict that we would be here. They created another impeachment while they were still standing, prosecuting their previous impeachment Motion. How did they do this? We will have evidence to show that one day after the Senate discharged the Governor of all the charges, they were gathered in Nairobi, retreats were held to create a new impeachment Motion based on lies. So, the people before you today, the County Assembly of Meru, are pathological liars. The electronic version of the Senate Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Director, Hansard and Audio Services, Senate."}]}