17 May 2021 in Senate:
Mr. Speaker, Sir, I beg to move the following Motion on the Proposed Removal from Office by Impeachment of Hon. Mohammed Abdi Mohamud, the Governor of Wajir County- THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, 2012, on Tuesday, 27th April, 2021, the Wajir County Assembly approved a Motion for the removal from office by impeachment, of the Hon. Mohamed Abdi Mohamud, Governor of Wajir County; AND FURTHER, WHEREAS by letter Ref. No. SPK/WCA/SENATE/4/2021(1), dated Wednesday, 28th April, 2021, and received in the Office of the Speaker of the Senate on ...
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17 May 2021 in Senate:
On Allegation No.6 on failure to deliver Annual State of the County Address, the Committee finds that from the evidence adduced, the County Government Act, 2012 does not specify the State of County Address that ought to be delivered and where it should be delivered.
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17 May 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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17 May 2021 in Senate:
AND WHEREAS, pursuant to Section 33 (4) and (6) (b) of the County Governments Act and Standing Order No. 75 (4) (b), the Special Committee has found that the particulars of the charge namely, Abuse of Office and Gross Misconduct against the Governor of Wajir County has not been substantiated; AND WHEREAS, pursuant to Section 33 (4) and (6) (b) of the County Governments Act and Standing Order No. 75(4) (b), the Special Committee has found that one of the particulars of the charge namely, Gross Violation of the Constitution of Kenya, 2010; the County Governments Act, 2012; the Public ...
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17 May 2021 in Senate:
Mr. Speaker, Sir, this Committee observed that this is an allegation that has featured in virtually all the impeachment proceedings that have appeared before the Senate. It was noted that going forward, there is need for the Senate to consider coming up with legislation that will properly guide the implementation of that section of the law.
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17 May 2021 in Senate:
When we went through the first impeachment and even the one for Hon. Waiguru, it was noted that most governors who appear before the Senate have consistently taken the view that the law does not obligate them to appear before the County Assembly. Also, the requirement of making an address to the county can happen even during public holidays. Therefore, we noted there is a big gap in terms of what the law anticipates. This Committee recommends that this Senate should come up with a legislation that will clearly address this issue.
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17 May 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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17 May 2021 in Senate:
accorded an opportunity to test the veracity of the evidence that was tendered before the Senate through cross examination. I also confirm that we accorded the Governor an opportunity to give his address to the Committee and call witnesses in response to the charges he was facing. In this regard, I thank the industry and help that was extended to this Committee by the team of able lawyers who appeared for the parties herein led by the team that appeared for the County Assembly of Wajir that was led by Senior Counsel Ahmednassir Abdullahi and the defense team of the ...
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17 May 2021 in Senate:
Another allegation is failure to submit annual report of the implementation status of the county polices and plans. Having gone through the provisions of the law and the obligation placed in the hands of the Governor, the Committee arrived at a finding that the Governor had not complied with this requirement under Section 30(2)(j) of the County Governments Act, 2012. He has failed to submit the annual report on the implementation status of the county polices and plans.
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17 May 2021 in Senate:
The Committee was not persuaded that other plans that do not specifically respond to this obligation can be a substitute for this very clear statutory requirement. However, the Committee observed that not each violation or failure to observe a particular section of a statute should lead to impeachment. The Committee looked at the precedent that has been set by past impeachments and arrived at a decision that what should lead to an impeachment of a governor should be gross violation of the Constitution. The Committee was, therefore, of the view that though clearly the Governor had not complied with the ...
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