Order, hon. Senators. We need to determine if we have a quorum.

Mr. Speaker, Sir, we have 32 hon. Senators in the House. We have a quorum.

In that case, let us proceed.

Mr. Speaker, Sir, it is my pleasure and privilege, on behalf of the people of Bungoma County, to introduce Moses Masika Wetangula as the Senator- Elect for Bungoma County.

Welcome, Senator. He may now proceed to take the oath. The Oath of Allegiance was administered to the following Senator:- 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.

Order, Sen. Wetangula. You have to go back to the bar and come and do that after.

Next order.

Hon. Senators, I have the following Communication to make. Pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, No.17 of 2012, on 28th January, 2014, the County Assembly of Embu approved a Motion, and I quote:- “To remove from office by impeachment, the County Governor and Deputy Governor of Embu County.” By letters dated 29th January, 2014 and received in the Office of the Speaker of the Senate on 30th January, 2014, the Speaker of the County Assembly of Embu informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate the following documents in respect of both the Governor and Deputy Governor:- (1) particulars of the allegations thereon and related annexure; (2) the results of the division; (3) the signatures in support of the Motion; (4) the signatures in support of the Notice of the Motion; (5) the Hansard Report in respect of the Motion; and, (6) the attendance register. I have directed that these documents be made available to all Senators. The documents will be available in the Table Office which is located on the ground floor, next to the Senators lounge in this building, County Hall. Hon. Senators, in terms of Article 181 of the Constitution, Section 33(3)(a) of the County Governments Act and Standing Order No.65(1)(a) of the Senate, the Speaker of the Senate is required, and I quote:- “Within seven days after receiving notice of a resolution from the speaker of a county assembly to convene a meeting of the Senate to hear charges against the Governor.” 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.

Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, whereas, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, 2012, on 28th January, 2014 the County Assembly of Embu approved Motions “to remove from office, by impeachment,” the County Governor and the Deputy Governor of Embu County; And further, whereas by letters dated 29th January, 2014 (Ref: CAE/SCA/1/28 and 29) and received in the Office of the Speaker of the Senate on 30th January, 2014, the Speaker of the County Assembly of Embu informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate documents in evidence of the proceedings of the Assembly; And whereas, pursuant to section 33(3)(b) of the County Governments Act, 2012 and Standing Order 65(1)(b), the Senate, by resolution, may appoint a special committee comprising eleven of its Members to investigate the matter; Now therefore, pursuant to Section 33(3)(b) of the County Governments Act, 2012 and Standing Order 65(1)(b), the Senate resolves to establish a Special Committee comprising the following Senators - 1. Senator Kipchumba Murkomen; 2. Senator Kimani Wamatangi; 3. Senator Zipporah Kittony; 4. Senator (Prof.) Wilfred Lesan; 5. Senator Naisula Lesuuda; 6. Senator Peter Mositet; 7. Senator James Orengo; 8. Senator (Dr.) Boni Khalwale; 9. Senator Boy Juma Boy; 10. Senator (Eng.) Hargura Godana; and 11. Senator Judith Sijeny; 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.

Next order.

On a point of order, Mr. Speaker, Sir.

What is it, Sen. (Dr.) Machage?

Mr. Speaker, Sir, I seek guidance from the Chair on matters of law and our Standing Orders. Standing Order No.65 gives us guidance on how the Governor can be removed from office by the Senate but it is silent on how the Deputy Governor can be removed from office. Mr. Speaker, Sir, Article 180 of the Constitution also has the same deficiency; it describes how to remove a Governor but it does not give guidance on how to remove a Deputy Governor, unlike the rest of the Chapter on the Executive which shows exactly how to remove the President and the Deputy President from office. Mr. Speaker, Sir, I seek guidance on the following; could the Act be unconstitutional because it never followed or it introduced issues that were not in the Constitution on matters of removal of the Deputy Governor? Could you, then, invoke Standing Order No.1 to give guidance on how to remove a Deputy Governor in our Standing Orders? Thank you, Mr. Speaker, Sir.

Sen. (Dr.) Machage, I did not want to cut you short for all the good reasons you know; but the fact of the matter is that the Motion is not here. So, let us entertain the Motion and then I will respond to your issues. Proceed, Sen. (Prof.) Kindiki.

Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I beg to move the following Motion:- THAT,WHEREAS, pursuant to Article 181 of the Constitution and section 33 of the County Governments Act, 2012, on 28th January, 2014 the County Assembly of Embu approved Motions “to remove from office, by impeachment,” the County Governor and the Deputy Governor of Embu County; AND FURTHER, WHEREAS by letters dated 29th January, 2014 (Ref: CAE/SCA/1/28 and 29) and received in the Office of the Speaker of the Senate on 30th January, 2014, the Speaker of the County Assembly of Embu informed the Speaker of the Senate of the approval of the Motions by the County Assembly and further forwarded to the Speaker of the Senate documents in evidence of the proceedings of the Assembly; 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.

Mr. Wetangula.

Mr. Speaker, Sir, I believe this is my maiden speech and I must be heard in silence by Sen. Murkomen and the likes of him---

Mr. Speaker, Sir, I beg to second this Motion. But before I do so, allow me to thank the people of Bungoma County for demonstrating very ably their unwavering confidence in yours truly.

Allow me too, Mr. Speaker, Sir, to thank my family, my party, my coalition, CORD, my friends, colleagues in the Senate who, in very many ways, made enormous contributions to enable me serve with distinction that I start today my second term as a Senator.

Mr. Speaker, Sir, I thank my coalition partners; Raila Odinga, Kalonzo Musyoka, and in this House, I single out Senators who stayed with me in the rain and in the dust, depriving themselves of many things – Sen. (Dr.) Boni Khalwale, Sen. (Dr.) Agnes Zani, Sen. Hassan Omar Hassan, Sen. David Musila, Sen. James Orengo, Sen. (Prof.) Anyang’- Nyong’o; the newly nominated Senator – my sister sitting by the door – who even in spite of her physical condition, came to Bungoma and joined the campaign trail.

I thank Sen. Henry Tiole Ndiema, my brother from Trans Nzoia; Sen. Daisy Kanainza and many, many colleagues from the Lower House. Sen. Mutula Kilonzo Jnr, Sen. Catherine Mukite, Sen. Otieno Kajwang, Sen. Johnston Muthama and, above all across the floor, Sen. Gideon Moi, who found it necessary to make a contribution towards my campaigns.

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.

Hon. Senators, before I propose the question, I would like to dispose of the issues canvassed by Sen. (Dr.) Machage when he rose on a point of order.

Order, Sen. Wako! You are making it even more difficult but let me hear you.

On a point of order, Mr. Speaker, Sir. Thank you for giving me this opportunity. While responding, I wanted you to also respond to this other point. This is the point that I am seeing in the Motion. I do not know what was before the County Assembly; was it one Motion or were there two Motions or were they approved Motions, which would imply that there was one Motion for the Governor and another one for the Deputy Governor. I want to raise this issue because what we are discussing here is very important’; that is, the removal of Governor and his deputy. From what I can see, there is no impeachment process that impeaches two offices at the same time in one sitting. Even in America where my learned friend quoted Nixon, of course, he was wrong to say that he was impeached because when they embarked on the process, he resigned. In America where the President and the Vice-President are elected together, it does not mean that both must go. In other words, the impeachment process was only against the president and not against the vice president. I am raising this point knowing very well that there could very well be situations in which the facts that relate to the Governor and the facts that relate to the Deputy Governor---- I do not know because we do not know how the proceedings were. For those who have read them, they can guide us. You might as well find that the facts as relates to the Governor are different from the facts as relates to the Deputy Governor. I would not want to say that the Governor or Deputy Governor are prejudiced in any way in their defence of their cases by the fact that their two cases have been joined together in one case. Therefore, I would also want you to comment on that issue and inform us whether they are two offices and should be dealt with together. Will the Committee deal with one office first and then the other or will they handle them together? We need some guidance on this matter.

On a point of order, Mr. Speaker, Sir.

What is it, Sen. (Prof.) Anyang’-Nyong’o?

Mr. Speaker, Sir, whereas I appreciate the point being raised by Sen. Wako, I would like to prefer this as something that the Committee itself would clarify to the Senate because the Senate does not have the forest of all the facts to that case. We should give that responsibility to the Committee to clarify those issues rather than try and do it here.

Hon. Senators, on that note, Sen. (Prof.) Nyong’o has said what I wanted to say. I can form an opinion but I do not want to prejudice the workings of the Special Committee that we will establish today. Those are the issues that would be canvassed before the Committee which will definitely look at the merits and 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.

On a point of order, Mr. Speaker, Sir.

What is it Sen. Kajwang?

Mr. Speaker, Sir, I am just following on what happened. I know what happened recently when the petition court found that we should go back for the election for the governor for Siaya. What happened is that he left office with his entire government including his deputy. For a while there was no government in Siaya. It would seem that the consequence of what we will decide, for example, if we decide that the impeachment was correct, then there will be no government for Embu.

The Speaker!

I guess Sen. Kajwang has been assisted by the rest of the Senators. So, I am not going to comment on it.

Order, Sen. Musila! I allowed Sen. Wako to respond or to add to the issues that were canvassed by Sen. (Dr.) Machage. I also allowed professor Anyang’-Nyong’o; his contribution was my own contribution and I said as much. We said that the issues raised by Sen. (Dr.) Machage should be canvassed at the Committee. Sen. Orengo, you are very fortunate because you will actually be in the Committee. I actually have an opinion but I felt I should not prejudice the work of the Committee. We do not want to prejudice the Committee from the Plenary. You can give the information to the Committee and I am sure it will be appreciated more, especially at this stage. So, let me go ahead and propose the question.

Mr. Speaker, Sir, I rise to support the Motion. I just wanted to emphasize what the Senate Majority Leader said earlier. In the year 1801, there were similar proceedings in the USA. When the matters came before the Senate on Saturday, 23rd February, that year, the counsel who addressed the Senate by the name Luther Martin said this, and I quote:- 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.

Mr. Speaker, Sir, I also rise to support this Motion. As the Mover and the other Senators have said, this is a very important Motion. The question of impeachment is one of the fundamental responsibilities of the Senate. We have a responsibility to do what is in the best interest of this nation. It is a fundamental constitutional mandate and in my view, of checks and balances, that this Senate is mandated to undertake impeachment process. Checks and balances are very important in our system of governance. It is in this context that I would urge those Members who have been proposed to sit in this Committee to do what is fair and just. Article 181 of the Constitution is very clear on the grounds on which this impeachment can succeed. It is my understanding that the county assembly has already 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.

Thank you, Mr. Speaker, Sir. This Motion comes at a time when for some reason governors have sought not to read the Constitution, understand it and appreciate the powers of the Senate. It comes at a time when governors have intentionally refused to acknowledge and accept summons sent to them by our committees. It also comes at a time when their own houses are burning at the grassroots. Like the Swahili saying goes – and I quote – “ usione simba amenyeshewa ukafikiri nipaka”---

On a point of order, Mr. Speaker, Sir. With due respect to Sen. Machage, we were very much guided this afternoon following the very first Communication from the Chair. We are not going to prejudice this process. It is important for Members to really keep to what we agreed. The basic discussion this afternoon must only be the establishment of the Committee and nothing beyond this. Is the hon. Senator in order to actually discuss issues beyond what you had expected us to do this afternoon?

Order! Sen. (Dr.) Machage, please, desist from other issues. I would actually have stopped you, but I heard your language. You said: “It comes 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.

Mr. Speaker, Sir, indeed, I appreciate Sen. Abdirahman’s comments and actually what you had commented, but these are facts. I will try very much to ignore what is known in the public domain.

Mr. Speaker, Sir, you had hitherto ruled on my concern regarding some deficiency in the Constitution on matters that have been raised in the House and I believe the Committee, as so ordered, will address and try to enlighten us on these deficiencies. It cannot be ignored that the former Attorney-General has also indicated the truth of the matter on the legitimacy of having one Committee to actually address two cases. But notwithstanding the law and our own Standing Orders’ deficiency in addressing the situation, I believe that there is a way forward and that lacuna will not in any way prevent this House from making a historical ruling. Mr. Speaker, Sir, my introductory remarks were actually meant – if I was not curtailed from continuing with the same – to request the Committee not to look at what is going on now and the attitude of governors towards Senators. Our humility that has been expressed very openly to the Republic of Kenya and the Kenyans, and more so to the governors, should continue and be a guiding factor in their deliberations on this matter and decision. I fully support this Committee that is of historical nature. I wish that I was in the Committee, but there are only 11 Members but we believe that they are up to the task. Mr. Speaker, Sir, I support.

Thank you, Mr. Speaker, Sir. I also rise to support the formation of this Committee. Indeed as we consider the names, Kenyans are also looking at everyone’s responsibility in terms of what they have done for the country over the years. Indeed, some of the Members have been seasoned politicians and know what they are required to do to ensure that we take care of the dignity of this House. Mr. Speaker, Sir, indeed as much as this is happening for the first time, we should know that Kenyans are also following very closely. We know that a different county is facing the same predicament, but they decided to go to court. Therefore, while the people of Embu are watching, they would want to see the Committee and this House rise above our own politics and follow the law. The Committee will be like a court and in the end, it will either show that this House – like Sen. Orengo has said – indeed deserves to deal with the article on impeachment, or Kenyans will wish that it should never be in the hands of the Senate. I believe that the Committee will make us proud on that. Mr. Speaker, Sir, I beg to support.

Thank you, Mr. Speaker, Sir, for giving me once again the opportunity to speak on this very important subject. Mr. Speaker, Sir, indeed, you, the Senate Majority Leader and the Senator for Bungoma have correctly stated what these proceedings are all about. It is quasi-judicial proceedings. It is almost like a hearing of the court, with all the safeguards that pertain to 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.

Order, Sen. Wako! You have said that we are all men of repute. Are you oblivious that there was a woman next to you?

No, Mr. Speaker, Sir. In fact, ladies are people of more repute than even men, if I may say so. Mr. Speaker, Sir, therefore, to the extent that this is a quasi-judicial function, honestly, I would have preferred that there be one or two more lawyers in the Committee. For example, in my Committee, we have very many good young people. My Vice-Chair, for example, is very good. Mutula Kilonzo Jnr. here is very good and I would have preferred him to also be in the Committee, to the extent that this is really a quasi-judicial function, as distinct from other Committees that this Senate approves. Mr. Speaker, Sir, having said that, I accept that this is a Committee that can deliver. This is a very important function. Whereas the Chairman of the Committee on Finance, Commerce and Economic Affairs said that there have been 19 impeachments in America, in actual fact, there are 19 because in America, even a lesser official can be impeached. But when you come to the level of the President, ever since 1801 which my learned friend referred to, there have only been four impeachments. Of those four, it began in the House of Congress and now came to the Senate. Two of them escaped very narrowly with only one vote. Of course, President Nixon, as soon as it commenced, saw the light of day and resigned. Of course, we know that President Clinton escaped narrowly by one vote, when it came to voting. Mr. Speaker, Sir, I am mentioning this just to show you the gravity and heavy responsibilities that are now on the shoulders of the 11 persons. We are going to hear some preliminary objections, part of which may be what I have raised today and so on. I know that according to your ruling, all these issues are going to be canvassed there, yet we have to do all these things within ten days. Timelines are important. We were told in the Supreme Court ruling that in our case, time is so important sometimes that they can miss out on getting a bit of evidence here and there, just to keep the timelines and so on. I 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.

Thank you, Mr. Speaker, Sir. When this matter first became public, we were in Mombasa for a retreat as Senators. It immediately became clear that this was a matter of grave national importance. We had an important press conference and immediately thereafter people wanted us to state our position on this matter. We told them only one thing; that due process would have its way. Mr. Speaker, Sir, having listened to your communiqué, it is clear that due process is not set by you. It is there in black and white. Therefore, what the Senate Leader of Majority is addressing this House on has to be given a shot at the Committee Stage before we come to the whole House. That is part of the due process that we promised Kenyans. I, therefore, support this Motion. What I saw in Mombasa--- I was being taken round by my taxi driver and he asked me to assure him that this Senate is capable of handling a matter of such magnitude. He was not alone. I have received many messages especially after the television footage flashed my name as part of the Committee of the 11. Many of them are expressing the same sentiments. I have received messages from a young man from Kisii called Clifton Okeno, Mr. Bitiko from Vihiga, and Mr. Simiyu from Bungoma.

I am talking about accurate information that is in my phone among other things. I want to take this opportunity to join those who have spoken before me to emphasise that we should be the reason why Kenyans should have faith in the new Constitution. There are those who thought that the new Constitution was a piece of paper. This is the time for us to remind them that the new Constitution is alive and well and that it will offer justice both to those who are complaining as well as those who stand accused. Since I am a Member of this Committee, I want to assure the Governor of Embu and his Deputy that they have nothing to fear. If anything, what I have seen in media coming from the two of them – they have been saying that they were not heard – should not worry them because this is a quasi judicial process. They should see what happened in Embu as a case of first incidence. What will take place here is a case of second incidence where they will have an opportunity to be heard just like you would be heard in a court of appeal. I would like to end by saying that if Michael Kijana Wamalwa was alive, he would have said that what the County Assembly of Embu did was merely to cast the die. The die has now been cast. The Governor and Deputy Governor should remain cool. They should come with their best lawyers. They will meet 11 patriotic Kenyans who will 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.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute. On the outset, I support this Motion 100 per cent. The establishment of the Committee is the best way forward for us as a Senate. This will help us know whether the issues raised by the Embu County Assembly are true or not and, therefore, make an informed decision on behalf of the people of Kenya. The survival of this Senate is pegged on how we handle this first case. I urge my colleagues, not only the 11 Senators but the whole Senate to have collective responsibility. We should all work hard. All of us, one way or another will contribute because the Committee will make a resolution. It will be upon this House to vote on those resolutions and to agree. Since this is the first case ever, we should handle the case across the entire political divide. I say so because if we play politics with these issues, we, as a Senate will have lost. I want to urge the 11 Senators – they are capable because I know them – to handle this case without political parties in mind. I want to urge political parties to give us a chance to handle the matter. We are handling it as the Senate on behalf of the people of Kenya. We are not handling the case on behalf of Jubilee or CORD. Give us the opportunity because the decisions we will make will affect this country in one way or another. Public funds must be secure. The President has been in the lead in saying that public funds must be safeguarded. It is upon that precedence that we are here on a Special Sitting to appoint a Special Committee. As I come to an end, I would like to suggest that after the ten days are over, after we resume, I will expect Dr. Khalwale to come here and say; “oh, here, oh, here”; after which we will make an informed decision.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to support this Motion. Let me also begin, like the Senator for Busia, in stating that the women and men in this Committee are people of high integrity. They will be bringing a wealth of experience. I note that we have lawyers in this Committee; we have doctors, engineers, women of great wisdom and other considerations of youthful Senators. This is a good selection. I am pleased that we have tried to meet the gender consideration. I would have been very happy if we had four women in this Committee. However, as it is, we will make it with the three women that we know are highly experienced Senators. They also bring a wealth of experience to this Committee.

By the way, Sen. Ong’era, since you have repeated what Sen. Wako said – I was trying not to disrupt you – out of 11, we have three non- lawyers. We have three lawyers, Sen. Murkomen, Sen. Orengo and Sen. Sijeny. I also want to add that the proceedings of this Committee will be clerked by the Clerk himself who is also a lawyer; leave along the legal Directorate of the Senate. Therefore, I would like to assure the Chair of the Committee on Justice and Legal Affairs that we were kind enough to ensure that your kind of ideas - I will not call them fears for now - were factored in. Proceed, Sen. Ong’era.

Thank you, Mr. Speaker, Sir. I would like to further tell this Committee that they must be men and women who are beyond reproach just like Caesar’s 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.

Thank you, Mr. Speaker, Sir. First of all, I would like to say something about the 12 and inform my colleague, Sen. Mutahi Kagwe, that there is a reason why the framers of the Constitution thought they should be 11. In fact, it is fair that you know that in all court proceedings of this nature, the numbers are always odd and that is why we have 11 and not 12. With regard to my contribution, first, I would like to agree with the Senators who have stated that the persons who have been selected are people of integrity. I agree entirely. I would, however, like to add that Article 181 of the Constitution has provisions that appear to be criminal in nature. Therefore, in its determination, the Committee must be aware that, that might lead us to other court processes against the Governor and the Deputy Governor. Secondly, it is fair for them to know that constitutional lawyers in Kenya will be waiting at the door to sue the Senate for many reasons, constitutional or otherwise, if they do not follow the law, rules of natural justice or in any event or if they consider extraneous matters that are not before them or worse, if they do not frame charges against these two. Sen. Murungi, I and Sen. Fatuma Dulo took a trip to the Australian Senate. We found out that these people have a good practice which we should adopt. That practice is that where we have Members in a Committee like we do, in case one of them disagrees, that person ought to have a separate report included in the main report. They call this a minority report. This makes people know that in their consideration, just like any other court, there was a dissenting voice of somebody who disagreed or agreed. As we debate these issues, we should also address the minority report like any other court which determines matters of this nature. Sen. (Dr.) Machage has raised certain fundamental legal issues and like any other court, since we are lawmakers, where there appears to be a lacuna or what we call in legal terms casus omissus, we should come here and have a separate report on provisions of law which ought to be amended or included so that we guide the country in knowing 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.

Thank you, Mr. Speaker, Sir, for giving me this chance to add my voice to this Motion. From the outset, I support this Motion. I congratulate the Whips for giving us a balanced proposed special Committee in terms of expertise, regions and gender. I am sure the women in this Committee will do a good job. I fully support my friend, Sen. Ong’era because she would be very useful in this Committee. I would have loved to see four women in the Committee. However, the three will definitely add, not only colour and charm, but also brains to the whole process. Mr. Speaker, Sir, I am sure in 2063 when we will be celebrating 100 years after Independence, this process will be one of the landmark issues to appreciated in many years to come. It will be read by the children who are growing up today and passed on to the next generation. It is a landmark process. I know the people of Embu County would have loved to be in the news for different reasons apart from this. They would have loved to see devolution bringing services closer to them and their county government working well. I note with admiration that the drafters of the Constitution had anticipated this. They had good reasons to place this noble responsibility on the Senate. This responsibility is a preserve of this House. Mr. Speaker, Sir, if this Motion is adopted today, and I am sure this will happen, we can be sure that the expectations of not only the people of Embu County, but the whole country are weighing on our shoulders. We will definitely come back here to interrogate that report. The 56 of us who are not in that Committee will be relying on 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.

Mr. Speaker, Sir, noting the fact that this Committee will only have ten days and from what we are hearing from various hon. Senators, the message is very clear. The Senate is on trial and hon. Senators have to deal with this issue professionally, impartially and objectively. Hon. Senators seem to be repeating themselves. Would I be in order to call the Mover to reply?

I will allow a few hon. Senators to contribute to the Motion. But I plead with you to be brief. You have noted the mood of the House. I will allow two from either side and give you not more than five minutes each. That is 20 minutes then I will put the question. Sen. (Prof.) Anyang’-Nyong’o has been on his feet for a while. Proceed.

Mr. Speaker, Sir, I will be very brief. I plead with Sen. Kiraitu to allow us at least to speak during this first impeachment debate. First, to Sen. Kagwe, I think the number 11 is very appropriate. We left out the 12th disciple because he was a traitor, Judas Iscariot!

Secondly, the number 11 also is a good football team which will score and win. A very good reason for having that number 11. Having said that, hon. Members of the Senate say that we must desist from listening to noises coming from elsewhere. In other words, debate in the public or the press. This is a matter that only concerns the Senate and those who are being impeached 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.

Thank you, Mr. Speaker, Sir. First, let me thank the members whose names have been set out in this Motion.

Order, hon. Senators! This is a Motion affecting counties, so it is important that you are all represented. Proceed, Sen. Kajwang.

Mr. Speaker, Sir, I believe that the membership is consultative, inclusive and diverse. For that reason, I support. I also wish to say that we are exercising a certain power that has been donated to us by the people of Kenya. This is because all sovereign power belongs to the people of Kenya and can be exercised by this Senate on behalf of the people of Kenya. I want to urge that as this Committee sits and hears the evidence, they will not have any 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.

Mr. Speaker, Sir, from the outset, I wish to say that I support this Motion. I thank my colleagues and particularly the leadership of this House for putting me to be part and parcel of this Committee. Mine is basically to let the nation, the Governor and Deputy Governor of Embu County to know what the Bible says in Proverbs 21:15. It says:- “When justice is done, it brings joy to the righteous, but terror to evildoers” Being guided by that verse, we will ensure that justice is not only done, but seen to be done. I have heard and listened to my colleagues. The responsibility upon our shoulders is huge. As Sen. Kajwang said we are walking a tight rope between protection of the county governments and, at the same time, providing oversight. There is a very interesting issue I wish to point out. When I was a member of the taskforce on devolved government I contributed to the drafting of the County Government Act. What is interesting is that the person who ensured that I was appointed 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.

Thank you, Mr. Speaker, Sir. Nitazungumza kwa Lugha ya Kiswahili ili wale ambao hawako karibu nasi na wanafuatilia Hoja hii waweze kuelewa vizuri. Ninaunga mkono Hoja ambayo iko mbele ya Seneti siku ya leo. Pia ninaunga mkono majina yote ambayo yameletwa hapa. Hawa ni watu wenye uwezo na maarifa mengi. Ingawa akina mama na vijana wameshirikishwa katika kamati hii, ningependa pia walemavu katika Seneti hii wapewe nafasi ya kutoa mchango wao. Hata hivyo, ninaunga mkono wanachama wa kamati hii ambao wamependekezwa. Nimependekeza walemavu wahushishwe katika kamati kama hii siku zijaazo ili walemavu wengine ambao wako nje ya Kenya wajue ya kwamba Sen. Godliver, Leshore na mimi tunawakilisha vilivyo katika Seneti hii. Sisi tuna uwezo wa kufanya hivyo. Bw. Spika, kwa hayo machache, ninaunga mkono.

Order, hon. Senators! I want to give a special recognition to our senior. Hopefully, longetivity has some advantages. Sen. G. G. Kariuki, you should be the last contributor to the Motion.

Mr. Speaker, Sir, first, I would like to thank you for having noted that I am here and the fact that I am more senior than anybody in this House. A lot has been said. In fact, I had just given up, that I was not going to speak. But I am lucky that, finally, I did catch your eye. Mr. Speaker, Sir, I would like to say a few things on this issue. We have been saying that the Senate is on trial. But what is on trial today is not the Senate. It is the Committee that we will appoint. They will be in a very serious trial because if the recommendations will be rejected by this House we will have no alternative, but to blame them forever. The Committee must be very serious in dealing with this matter. Let us not see as if this matter is so big that it has never happened elsewhere. It has happened elsewhere. This is just a process. We are fulfilling our mandate as Senators. There is nothing new that we are doing. It is what is entrenched in our Constitution. A time will come when the Senate will be called upon to deliberate on a situation like this one. We have had a lot of misunderstandings out there, whether the Senate has any job to do in this country. Some have been recommending that the Senate should go. I respect Kenyans because they are patient people. Finally, they have realized that it is the Senate which is going to maintain devolution the way it is supposed to be. In fact, the Senate is not for anything else other than supporting and protecting the counties. By protecting the counties, it is not that we 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.

Order, Senators! I know there are some Senators who think that because they may be among the youngest, they should have the same equal opportunities like the senior most. Unfortunately for the younger ones, you are quite a number and you have already had an opportunity. I will, therefore, put the Question which is that the Mover be now called upon to reply.

Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I know we are pressed for time, but I think it is not courteous if I do not thank my colleagues for the contributions they have made in support of this Motion. Having done so, Mr. Speaker, Sir, it is my humble privilege and duty to move this Motion. Mr. Speaker, Sir, I beg to move.

Order, Members! I, therefore, wish to put the Question. Again, this is a matter affecting counties; so, the voting shall be by county delegations. Ring the Division Bell for eight minutes. 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.

Sen. Njoroge.

Sen. Kanainza.

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, I have the following Communication to make. As you are aware, under Standing Order No.181 of the Senate Standing Orders, the Clerk is required to appoint a place, date and time for the first meeting of a Select Committee within seven days of its constitution by the Senate or such further period as the Speaker may approve; and as soon as the Committee is present the Clerk shall by a secret ballot conduct the election of the Chairperson and vice-chairperson of the Committee. Pursuant to this Standing Order I have, therefore, directed the Clerk to appoint today 4th February, 2014 as the date of the first meeting of the Special Committee. This meeting is to be held here, in this Senate Chamber, 30 minutes after the rise of the Senate.

On a point of order, Mr. Speaker, Sir. The Act requires that this Committee reports within ten days. When do the ten days start running?

Order, Senators! I am wondering whether Sen. Murkomen is doing any justice to the robust petition by Sen. Amos to include more lawyers.

According to the interpretation the first day is not counted. So, the ten days start running tomorrow.

Mr. Speaker, Sir, it is not because I did not know. It is because it was not obvious to everybody.

Order, Sen. Murkomen! I appreciate that, but I want to give you now the opportunity to respond, if you so wish.

Mr. Speaker, Sir, we had a debate a little bit earlier with my colleagues and it was for the benefit of everybody that a decision comes from the Chair. I do not think that there is any provision in the law that would have allowed me to communicate that without raising it from a point of order. So, I did this for the benefit of everybody.

Thank you. I think that everybody is fully aware.

Hon. Senators, that brings us to the end of the business as it appears on the Order Paper. I have already communicated that the Committee meets 30 minutes after the rise of the House. The Senate, therefore, stands adjourned until when it shall next be convened by Notice in the Kenya Gazette to receive the report of the Special Committee. The Senate rose at 5.05 p.m. 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.