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

Hon. Senators, we have quorum we may therefore commence our business.

Hon. Senators, I have a Communication to make. As you are now fully aware, the County Assembly of Embu, pursuant, to Article 181 of the Constitution and Section 33 of the County Governments Act, No.17 of 2012, on 28th January, 2014 approved the following Motions:- To remove from office by impeachment the County Governor and the Deputy Governor of Embu County. Notification of this approval was made to the Speaker of the Senate by the Speaker of Embu County Assembly by letters dated 29th January, 2014 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 beg to lay the following Paper on the Table of the House. The Report of the Special Committee on the proposed removal from office of the Governor and Deputy Governor of Embu County, in the matter of the Governor.

Mr. Speaker, Sir, I beg to lay the following second Paper on the Table of the House. Report of the Special Committee on the proposed removal from office of the Governor and the Deputy Governor of Embu County, in the matter of the Deputy Governor of Embu County.

Next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate notes the report of the Special Committee on the proposed removal from Office of the Governor of Embu County and the Deputy Governor of Embu 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.

Order, Senators! Now the House is seized of the Report. I will direct that we adjourn for one hour, so that we can read the Report and resume our Sitting. The view is that we will be able to conclude this matter today. Also, the Report will be available not only to the Senators, but also the Governor and Deputy Governor and, indeed, every other interested Kenyan. We will resume at 5.30 p.m.

Order, Senators! I am told that we have quorum. We may, therefore, proceed. We are going to use the Supplementary Order Paper. I hope that everybody has a copy. Circulate the copies.

Order, Sen. Khalwale! Have the Members received copies of the Supplementary Order Paper?

No!

Order, Senators! This is not a market place. The Reports were tabled earlier. The Supplementary Order is being distributed. ( Copies of the Supplementary Order

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. I will continue. 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, byimpeachment,” the County Governor and the Deputy Governor of Embu County; AND FURTHER, WHEREAS by letters dated 29th January, 2014 ( Ref:

) 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 on Tuesday 4th February 2014 appointed a special committee comprising eleven of its Members to investigate the matter of the proposed removal from office of the Governor and Deputy Governor of Embu County and to report to the Senate within ten(10) days of its appointment on whether it finds the particulars of the allegations to have been substantiated; AND WHEREAS, pursuant to section 33 (4) of the County Governments Act, 2012 and standing order 65 (2), the Special Committee has investigated the matter and tabled its Report on Friday 14th February 2014; AND WHEREAS, pursuant to section 33 (4) and (6) (b) of the County Governments Act, 2012 and standing order 65 (4) (b), the Special Committee has found that the particulars of the following allegations against the Governor of Embu County have been substantiated; namely:- (a) Violation of the Public Procurement and Disposal Act 2005 and Regulations 2013; (b) Violation of the Public Finance Management Act, 2012; (c)Violation of the Constitution of Kenya; NOW THEREFORE, pursuant to section 33 (6) (b) of the County Governments Act, 2012 and standing order 65 (4) (b), the Senate after according the Governor of Embu County an opportunity to be heard, resolves to impeach the Governor of Embu County on the following grounds; namely:- (a) Violation of the Public Procurement and Disposal Act 2005 and Regulations 2013; (b) Violation of the Public Finance Management Act, 2012; (c)Violation of the Constitution of Kenya; 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 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, byimpeachment,” the County Governor and the Deputy Governor of Embu County; AND FURTHER, WHEREAS by letters dated 29th January, 2014 ( Ref:

) 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 on Tuesday 4th February 2014 appointed a special committee comprising eleven of its Members to investigate the matter of the proposed removal from office of the Governor and Deputy Governor of Embu County and to report to the Senate within ten(10) days of its appointment on whether it finds the particulars of the allegations to have been substantiated; AND WHEREAS, pursuant to section 33 (4) of the County Governments Act, 2012 and standing order 65 (2), the Special Committee has investigated the matter and tabled its Report on Friday 14th February 2014; AND WHEREAS, pursuant to section 33 (4) and (6) (b) of the County Governments Act, 2012 and standing order 65 (4) (b), the Special Committee has found that the particulars of the following allegations against the Governor of Embu County have been substantiated; namely:- (a) Violation of the Public Procurement and Disposal Act 2005 and Regulations 2013; (b) Violation of the Public Finance Management Act, 2012; (c) Violation of the Constitution of Kenya; NOW THEREFORE, pursuant to section 33 (6) (b) of the County Governments Act, 2012 and standing order 65 (4) (b), the Senate after according the Governor of Embu County an opportunity to be heard, resolves to impeach the Governor of Embu County on the following grounds; namely:- (a) Violation of the Public Procurement and Disposal Act 2005 and Regulations 2013; (b) Violation of the Public Finance Management Act, 2012; (c)Violation of the Constitution of Kenya; Mr. Speaker, Sir, the hon. Senators will recall that at a Special Sitting of the Senate held on Tuesday 4th February, 2014, the hon. Speaker of the Senate, by way of a Communication from the Chair, informed the Senate that he had received correspondence 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. (Dr.) Khalwale! I had no idea that the assignment that the House gave you was similar to a marathon in the Olympics!

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. I stand to seek your guidance; I am not an expert on the Standing Orders – I ought to be, but I am not. In the afternoon, there were two Reports that were tabled; one in respect of the Governor and the other one, as you said, in respect of the Deputy Governor. I thought – and that is why I seek your guidance – that if a Report is tabled by a Committee of the House, then that Report – whether it absolves the Deputy Governor or not – in my view is subject to debate and adoption by the House as is the case with all our reports. That is what I am seeking your guidance on because in the same way even in the other report, if in the same report on the Deputy Governor, did in fact find her guilty of those charges, it would still be subject to adoption or rejection by the House. So, I thought, maybe, you would clarify for me that one.

Mr. Speaker, Sir, following your ruling, when we met here, you made it clear that in the event that the allegations against either the Governor or the Deputy Governor are not proved, then the Report will end at the Committee level. I am just supporting what Sen. Billow is saying; therefore, this afternoon, we have had the two reports tabled here and I think it will be good for the Senate to dispose of the two Reports 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 did not have to communicate, but I was anticipating such misunderstandings to arise; and I thought I was trying to preempt them when I quoted the sections. Although Sen. Keter purported to be supporting Sen. Billow, I think towards the end he supported him but, initially, he was opposed. So, I will sort those two. The Order Paper we started with at 4.00 p.m. read that “the Senate notes the two reports”; so, the two Reports were being noted because they were being tabled. Then we adjourned the House in order to allow us to read the reports. Now, when you read the reports, there is a recommendation by the Committee that tells you the findings and determinations of the Committee. So, it says on charge 1, the Committee finds that this charge is not substantiated; on charge 2, the Committee finds that this charge is not substantiated; on charge 3, the Committee does not find this charge to be substantiated; on charge 4, it does not find this charge to be substantiated; on charge 5, it does not find this charge to be substantiated. Now, that is on the report of the Deputy Governor. Of course, the one for the Governor, has both. Then, when you read Section 33(6), it is very clear. It says:- “If the special committee reports that the particulars of any allegation against the governor— And that applies to the Deputy Governor too:- (a) have not been substantiated, further proceedings shall not be taken under this section in respect of that allegation; or--- So, what would be the need to continue proceedings on matters that once it has been clarified, there is really no further debate? I hear Sen. Billow in the sense that as a Parliament, we need to debate. But we are careful; this is just to note. And to allay the fear of Sen. Keter who said that the Report has “disappeared”, the two Reports have not disappeared! In fact, by being tabled, they are on the HANSARD; they are available to every citizen and, indeed, even to a foreigner to access as part of the proceedings of the Senate. So, it has not disappeared; it is just that we are agreeing with the Committee; and once we agree with the Committee in terms of allegations – the Committee’s job was to inform the Senate whether the allegations have merit or not. So, once the Committee decides that they have no merit, we have no further business. Once it says that it has merit, then your intervention is required, and that is what we are about to do now.

On a point of order, Mr. Speaker, Sir. Mine is slightly different and it has to do with procedure. I am glad that you have just given us the provisions of Standing Order No.65 (4) (b) which provides or accords the Governor and opportunity to say something. Now, would I be in order to propose – although I know you said that the Motion will be moved, seconded, we debate and then we accord him time – since now this Senate is sitting as a jury, I think it will be good if we debate after hearing from both sides. So, my proposal would be that the Motion be moved, seconded, then you accord the Governor his 30 minutes that you have said you will accord him---

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!

Mr. Speaker, Sir, protect me.

Sen. Khaniri, you are protected, especially from those ones who do not seem to have listened as carefully as you did.

Proceed!

Thank you, Mr. Speaker, Sir. My proposal is that after the Mover moves the Motion and it is seconded, then you can accord the Governor his 30 minutes so that once we begin the debate, we would have heard from both sides. Thank you.

Sen. Obure.

Yes, that is precisely what I had in mind, Mr. Speaker, Sir; so that when we debate, we debate from an informed position.

What is it, Sen. Muthama? And that is the last one.

Mr. Speaker, Sir, my position and the way I am feeling is that the Governor should be given the very last chance so that what he says cannot be challenged because he will not be able to defend himself on the issues that will be raised here.

Order! Apologies to Sen. Abdirahman; I had not seen you, but I am now on my feet and I suspect that the issues have been properly canvassed. First, I entertained the same thoughts as Sen. Khaniri, but then on further reflections you then realize that the bulk of the work was actually undertaken at the Committee stage. The Committee invited whoever needed to be invited, gave them an opportunity to raise the issues they needed to raise, asked questions and I am sure they were given answers, and that, really is the basis of the Report that is before us. So, in consideration of that, we cannot turn again the plenary into another session of the Committee. So, this is really the last chance for the Governor to say his bit to the rest of us, which is really something in mitigation that he would wish to say; and he would wish to say that really towards the end before the voting. I think if you allow me, hon. Senators, I think before voting is an ideal time; it is just one last chance for you to decide.

Thank you. Let us proceed.

Mr. Speaker, Sir, in its entirety, this Report is guided mainly by the provisions of Article 181 of the Constitution and Section 33 of the County Governments Act. Allow me to reflect, just for purposes of recapping, on the provisions of those statutes. Mr. Speaker, Sir, Article 181 provides as follows:- 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.

I hope, Sen. Khalwale you are aware that you have a maximum time of 30 minutes although with the leave of the Speaker I allowed you an extra 15 minutes, at the rate you are moving, you may even exhaust that.

Mr. Speaker, Sir, I am guided. I will see how to manage this better. The point I am trying to make is that this is a new thing and it has complex legal issues. Unless I go this route, the Senate may fail to see why we made such a decision as we made this afternoon. However, I am guided. In terms of Section 23(a) of the National Assembly Powers and Privilege Act, CAP 6, as read together with Section 7 of the Sixth Schedule of the Constitution, a witness who is summoned by a Parliamentary Committee must appear before that Committee or court at the pain of payment of a fine not exceeding Kshs2,000 or imprisonment for a term not exceeding 12 months, or both such a fine and imprisonment where the witness fails to make an appearance. A right to appear before a Committee, however, is not mandatory. A person who is invited to appear need not appear before the Committee. The Committee would, however, be required to demonstrate that it afforded that person – in this case the Governor – an opportunity to appear and be represented before the Committee. It was for the Governor to determine whether to appear before the Committee and if so, whether to do it in person or by an advocate or by person and advocate. The Committee, further, observed that the County Assembly, as the originator of the resolution for the removal of the County Governor by their letter to the Speaker of the Senate dated 29th January, 2014, sent together with the resolutions to the Committee---. The County Assembly of Embu sent a number of documents in respect of their resolutions. The Assembly could have, therefore, had the option not to appear before the Committee and to rely entirely on the written documents filed by the Office of the Speaker. However, the Committee observed that in the interest of justice, it would also be necessary to invite the Assembly to appear before the Committee if it so desired and to produce further evidence if any, be it written or presented by way of a witness. It was 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. Given the fact that we received the Report earlier and read it and considering that time is of the essence, could I request the Mover of the Motion to leave out the administrative details and move to the meat of the Report which concerns the House so that we save on time?

Mr. Speaker, Sir, indeed, you had already guided me. Hon. Members should appreciate that what I am doing has since changed from what I had intended to do in the beginning. I am just referring you to the annexure so that we do not appear as if we made the recommendations in space. The Governor responded to appear, he came by person, he also came by advocate and finally he called witnesses. The County Assembly was represented by its Counsel. The rules that guided us during the deliberations are annexed as No.11. The Committee devoted a considerable amount of its time during the retreat to consider the number of issues we thought, in our view, and questions that would require the determination of the Committee. The following issues were required for determination and these included; the effects of the conservatory court order which was in existence, the decision is as on the document, determination of the proceedings before the County Assembly of Embu, the grounds of removal of the Governor, the charges against the Governor and the Deputy Governor and the burden of proof. Before I go to the substance, the issue of burden of proof is critical. The question of standard of proof---

Order, Sen. Khalwale, I think you will do yourself a great favour, and the Senate, if you moved to the substance. Your task was to substantiate the allegations. The rest can be read by Members. You have already done a good job of putting it to your Report. I will add you another 15 minutes. You have already exhausted 45 minutes.

Mr. Speaker, Sir, the charges were read out to the parties and the parties responded. Evidence was collected from the parties and this is on pages 26, 27, 28, 29 and 30. 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, today, I have mixed emotions. On one hand, I am very sad that less than one year since we started the devolved system of Government, I together with Committee Members presided over a process of impeachment of a Governor. The Constitution provides that the three years of devolution would be a transition period. No one imagined, including those who drafted our Constitution, that within the transition period, one of the transitional acts of the people of Kenya, one of the transitional functions of the Senate of the Republic of Kenya was to preside over the impeachment of a Governor of any county in this Republic. I am happy because I stand here to also support a Motion that actually dissuades us and the public to understand that there is a difference between the concept of devolution in itself and those who are managing that process of devolution and managing the counties. This Senate is seized with great opportunity and time to demonstrate that we love devolution so much. We love our counties so much that we are willing to take the most difficult task to decide this evening as an evening that will go to the history of this Republic that Governor Martin Wambora shall go home. It is not purely because of the things he did, but because it is very clear that those things he did, if they are left unaddressed, it shall be what the Kiswahili saying, usipoziba ufa utajenga ukuta refers to. Mr. Speaker, Sir, we were at great pains because we were given a very big responsibility, but that responsibility hinged on one thing; leadership. The impeachment process, as the Chairman of this Committee said, is not looking at the private conduct of an individual in his house or in his home. It is an opportunity for us to ask ourselves, the constitutional responsibility in Chapter 6 of the Constitution and the constitutional responsibility in Chapter 10 of the Constitution - whether an officer who has been entrusted with a responsibility to manage resources that are meant to benefit the people of Kenya is doing it in the right way. Mr. Speaker, Sir, John C. Maxwell defined a leader as one who knows the way, goes the way and shows the way. When Governor Wambora came before our Committee, the most important question that actually pricked all of us when we asked about the existence of a tender committee, an evaluation committee or a technical tender committee, Governor Wambora told us that he does not know. When we asked the question about the procurement of maize, a very serious matter because this maize was 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. Ong’era?

Can the hon. Senator tell us: What are these small things?

Noooo!

Order, Senators! First, Senator Ong’era, that is not what you do under a point of order. You could have done that under a point of information. Since, obviously, it is not really that important to the debate, Sen. Murkomen may just proceed.

Thank you, Mr. Speaker, Sir. One of the worst failures of King David in the Bible was as documented in 2nd Samuel 11:1, when all men went to war and he was supposed to be the commander in chief to go together with these men to war, he remained at home. He hanged around. As a result of his remaining around, his mind wondered around small things!

That became a nightmare for the King and almost brought down his government. Things like attitude are very important. If you are a Governor and you think that if you lose, for example, Kshs3 million that is a small thing, should you be allowed to continue presiding over the affairs of that county? If you are a Governor of a particular county and for over one month you have never held a County Executive Committee meeting, you do not know what the County Executive Secretary of Agriculture, Finance and so on are doing, you are saying: “They are their own responsibility.” You do not even get reports and then you go and launch projects that you do not know where they are going. When these projects collapse you say: “It is not my responsibility.” It is upon this House, tonight, this is the moment that we must make a decision and say that devolution will be rescued by this Senate from men and women who are not willing to take responsibility in their own counties. Mr. Speaker, Sir, I want to run through a few issues in this report. One of the charges against the Governor was violation of the County Governments Act. This Act in 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. Murkomen. The Chair has no capacity to interfere, it can only give guidance. I guided your Chair and asked the House to appreciate the work you have done. How does that amount to interference?

Sorry, Mr. Speaker, Sir. I said when you were guiding him. I also stand guided. The report was a product of hard work and commitment by this Committee to look for the truth. In fact I remember, I do not know if I should disclose this---

Disclose!

We sat with the senior counsel, Sen. Orengo and as lawyers we went to a particular corner and asked ourselves: “Should we find this man guilty because the quantum, the amount of money misappropriated may not be compared with mega scandals in this country, but we said, even if the money is little, we must abide by the principle.

So, those who imagine that we made this decision by jumping around and saying that “Governors must go” must be reminded that we were guided by the search for the truth and fairness from the report from Embu County. In our findings, it is sad, but it is true that it is the finding of this Committee that Governor Martin Wambora must pave way as the Governor of Embu County, so that devolution goes on. Mr. Speaker, Sir, thank you, I beg to second.

Hon. Senators, I wish to remind you that this Motion is based on Standing Order No. 98(4) in terms of time allocation. Each one of you will have a maximum of 30 minutes. But you can do your own self censorship and reduce that time to ten minutes if you so wish. But I am reading the provisions that apply for now.

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

What it, Sen. Wako?

Mr. Speaker, Sir, I want to know whether the Governor is here and if he has been told these proceedings are going on. This is so that when he comes and exercises his right to talk, he would have heard us. I am saying this because it is not yet on record. I want it on record that he is around.

Sen. Wako, thank you for that intervention. I wish to confirm that the Governor is here and that he will be given a maximum of 30 minutes to make his case just before we vote. I want to further confirm to everybody that this matter will be concluded today 14th February, 2014.

Following that, I do not know whether the Senate Majority or Minority Leaders can address this. We need to agree on the issue of time. I know each of us can speak for 30 minutes, but if each of us takes up the 30 minutes then your order that we finish before mid night will be violated. So, could we reach an understanding on this? 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 may not even wish to proceed because you do not canvass issues to do with the Majority and Minority Leaders through the Chair. You only do that when you are directing issues to me. You have better avenues to do so. In your case, you can just take two steps to your right. Proceed, Sen. Orengo.

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

What is it, Sen. G.G. Kariuki?

With your permission, Mr. Speaker, Sir, now that we have heard from the Mover and the seconder of the Motion and we are told that the Governor is around, do you not think that this is the right time before we all say what we want to say, that he should come and say whatever he wants to?

Order, Sen. G. G. Kariuki. Maybe you were not here when that matter was settled. But you know the Chair has been very generous to you in more ways than one. You may just be running out of luck. We have disposed off that matter. Sen. (Prof.) Kindiki.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, in light of the sentiments which have been made by my colleagues, I want to suggest that if the Chair could direct that each Senator limits themselves to 10 minutes, maximum.

Order. I just advised Sen. Wako on what to do. I want to see that process to its conclusion. It might as well come to the same conclusion, but I think the process is equally important. Let the Majority and Minority leadership consult. They know what to do; they should approach the Chair, so that when they do it, we proceed.

Mr. Speaker, Sir, if you allow me, instead of---

Order, Sen. Wetangula. You must also respect the Chair when it has made a communication. It is a ruling to be abided by, not to be challenged.

I am not challenging your ruling.

You are about to challenge the ruling. Let us proceed along those lines. Sen. Orengo.

Mr. Speaker, Sir, I will try to limit my contribution to probably ten minutes to set the pace so that everybody can get a chance. Mr. Speaker, Sir, I rise to support this Motion. As I do so, I want it to be known that in my practice of law over many years, I have tended to represent people who are accused of various offences in criminal cases over many years. The tendency that I have developed over the years is to act as a defence lawyer and therefore to presume the innocence of everybody who appears before any tribunal. From what Sen. Murkomen, who was the Vice Chairman said here, I was very much disturbed whether or not we were condemning a governor wrongly because the burden had not been met but as I speak now today, I have no doubt at all in my mind that this governor must go home. 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 stand to support this Motion. From the onset, I would like to begin by thanking the Senate for appointing me and giving me the responsibility as one of the 11 Members who sat in the Special Committee to look at this matter. Secondly, I want to extend my apologies to the people of Embu County because these people went to an election in 2013 and elected a government expecting to get services from that government. In the confessions of the representative of the Embu people before the Special Committee, we were clearly told that since last year November, there has been no activity at all in running the affairs of Embu County. What has been happening since then, in the words of the officers elected in the office of Governor, Deputy Governor and the other people who came in front of the Committee? They stated very clearly that they have just been fighting, wrangling, chasing each other and doing all manner things that are of zero benefit to the people of Embu. Mr. Speaker, Sir, the process of impeachment has been described as the process by which one can rescue citizens who have elected into office a political misfit; a person who cannot sit and execute the work bestowed upon him by the people that have elected him. As we sat in this Committee, we had to do a lot of work, even part of the work that was not envisaged in the mandate that we gave this Committee. We had to go out of our way to even start from sifting through several bundles of paper, to identify which are authentic and false documents. Most of the time, all the documents that were being tendered, especially by the side that came to defend the Governor, were non-authentic. Some of them were photocopies and others unsigned, to the extent of even bringing documents to intentionally mislead the Committee. We heard a lot of things; I can assure you as the Senate. Mr. Speaker, Sir, first, I want to assure the Senate that this Committee listened to all the evidence that was brought before us, completely in a non-partisan way and we kept our minds clear without any premeditated outcomes. Some of the things that we heard are not things that we would want visited on any of our voters. I can stand here and say, as one of those who sat in that Committee, that things in Embu County are not right. For example, we were told of tenders that were being procured and a tender is floated to be competed against even before computation of a bill of quantity has happened. You ask yourself: If a tender has been floated and not even one person has come along to say that this is what it would cost the county government of Embu to do this tender, and a cost has been affixed, and the tender is awarded--- The documents that were being signed now, to show that this is what it would cost the government are signed a month later. We had to look at evidence of contracts which were labeled as “restricted” tenders, worth more than Kshs30 million of taxpayers’ money and comprising of about seven competitors. Six of those competitors are bogus companies, which do not quality to participate in that tender. The purpose of restricting that tender or labeling it “restricted” 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 stand to support this Motion and the Report. Mr. Speaker, Sir, I read this Report and saw the allegations and charges. Three out of five charges have been substantiated. I participated in the nomination of this Committee Members and believe that the names that I submitted to this House were those of men and women of substance. I believed that they would do justice in their Report. Since we trusted the work that would be done by that Committee, we have no further evidence that we can put before us and debate other than the Report that was brought to this House. Mr. Speaker, Sir, looking at what is happening in my county, I think that the rot in Machakos is over and above the issues in Embu. The report of the Auditor General has been sent to your office. I kindly wish to ask you to have copies given to the Members of the Senate, so that they can start preparing themselves for what will follow. This is because if a Governor moves and creates an account known as “confidential expenditure of the Governor”, withdraws Kshs3 million, Kshs2 million and another Kshs3 million in cash – public funds – then truly, if that is the kind of service that we are going to give to our people in the counties---

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Muthama to deviate from the Report that is before this House?

Mr. Speaker, Sir, I am just trying to say that issues are about to come. They are on their way coming.

Order! Order, Sen. Muthama! First, you must be relevant to the Motion before the House. It is Embu County and not Machakos County. Secondly, you do not anticipate debate. So, whatever will be coming in the future, we will deal with it at that particular time.

Mr. Speaker, Sir, I do not want to challenge the ruling of the Chair, but what I am saying is within the report that was sent to the Office of the Speaker of the Senate by the Auditor General. I am not talking about something which is not in the public domain. The report is in your office and you will produce copies and give them to the Members of the Senate. Mr. Speaker, Sir, without wasting time, I want to say the following. I know Governor Wambora and he is a good friend of mine. I knew him even when we were dealing with the issues of the Kenya Airports Authority, where he was the Chairman. But my brother, Wambora, seems to be out of control completely. He does not know what is happening in his office. So, if he lacks the capacity to be a true administrator and manager, I do not think that he has any other option than to say: This work is too much for me and I cannot cope with it. I do accept the ruling that will be given by the Senate. To me, the ruling and the verdict that is about to be delivered is: “Mr. Wambora, please, this work is too much for you. Go home and look for another job.” Mr. Speaker, Sir, I beg to support. 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 rise to support this Motion. I have a saying that goes: In the world there are sets of people who are evil. There are those who actually orchestrate evil deeds and those who actually just sit back and watch. We hear from the Committee that, regarding everything, Governor Wambora was saying that it was not him. The buck must stop somewhere. Mr. Speaker, Sir, the Constitution vests the sovereignty to the people of this country. It can only be delegated to the leadership that we elect. That said, it means then that everyone in the leadership of this country must take responsibility; whether you are a ward representative, Speaker, Senator or Governor. There is nobody who is above this Constitution. It pains me when we are trivializing matters, to touch on the stomach. A report was published the other day and we read it in the media. We actually saw people starving; women who cannot even have milk to breastfeed their children. They may not have come from Embu, but that is exactly where they were being taken by this Governor. It is not trivial; it is quite a business. Mr. Speaker, Sir, when I listen to some of the things the Governor was saying as has been presented in this House, when you trivialize Kshs8 million, and you say, surely, that Kshs8 million can only be used to plant grass in a field, how many people can I feed with Kshs8 million? Very many! It is not only contempt, it is disgrace and it is lack of respect for the people of this county. Mr. Speaker, Sir, history will judge us very harshly if we sit back and watch as this happens, not only in Embu; we must send out very clear signals that even if we will protect devolution, if we have to protect counties from the County Governments, then we will have to do so; because that is the role that has been vested on this House. We cannot sit back and look as children are starving, and we are thinking that money is small money. It is public money. So, there are no two ways about it; everyone must be held accountable; transparency must be ensured in the counties; transparency must be ensured in every office. When Kenyans voted for this Constitution, they were hopeful that services would get closer to them. They were hoping that they would not have to rely on going to Nairobi for services; they would not have to come all the way from Maralal or Mandera to Nairobi to even get a small service done. This Constitution was meant to bring service closer to the people, and they were really hopeful. It was a savior because they had seen it work with the Constituencies Development Fund (CDF) and they had seen it transform their life. Now, this was a bigger kitty which could transform the whole country. So, when we watch devolution and get people doubting whether really this is what they wanted, I think we really must feel sorry for this country because we are hoping that by the end of these five years of transition that we have been given, that we will sit back and audit, and say that devolution was the best thing that happened to this country. But we have seen consistently offices, even the ones that are supposed to help us monitor – the Office of the Controller of Budget; the Office of the Auditor-General – being trashed even in public; and they say it does not matter, we do not need prefects. This must stop! This must stop and it must stop now. We have that responsibility and we cannot run away from it. We cannot postpone it to tomorrow; we have to take it today, and that has to be done before we sleep tonight. The message must be sent out. 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 very much, Mr. Speaker, Sir. Let me take this opportunity to thank the people of Embu and the great Parliament of Embu Assembly for bringing this issue to this point. It is happening all over the country; all counties are facing this particular problem. Turkana was the first one, but this House downplayed the impunity that the Governor of Turkana brought against by undermining the County Assembly of Turkana. I take exception to the maize scandal in Embu. If this was China, maybe Governor Wambora would have been shot!

I think it is high time we became serious and passed this Motion, because Kenyans are getting restless. If we do not take this action, they might demonstrate all over the country and evict some of these Governors; because their appetite for misappropriation, misallocation of resources that are meant to help people is growing every day. We are suffering in Turkana; there is a famine and yet we know what is happening. The Governor has decided to misallocate all the money to buy vehicles, to inflate tenders, throwing away all the money that was meant to help the people of Turkana.

Order, Sen. Munyes! I thought you were in the House when I was informing the Senator for Machakos that the Motion before us is only for one county known as Embu County.

Thank you, Mr. Speaker, Sir. I am just trying to alert the Senate that there is something coming from the north; and the people of Turkana will not sit to see Governor Nanok undermine the spirit of the Turkana people. Mr. Speaker, Sir, I want to thank the Committee for substantiating the allegations. Violation of the Constitution is a grave matter to a point where there were various summons---

On a point of order, Mr. Speaker, Sir. Is the Senator for Turkana – the guy who rigged you out – in order to discuss other Governors who were not mentioned in this Report?

Order, Sen. Mbuvi! Order!

Order! Order! I have to dispose that matter. Sen. Munyes, proceed! 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.

You are out of Order!

Mr. Speaker, Sir, that is the kind of talk that we do not want to hear here.

Mr. Speaker, Sir, I want to clarify or inform my brother, Sonko---

Order! Order, Sen. Munyes! Just leave that matter alone; proceed on with your contribution!

Well, that is no respect for the Chair and I think we must raise that and condemn it. There was no rigging---

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

Order! I will not allow the Chair to be discussed!

Mr. Speaker, Sir, I think Wambora’s case is a very good example of a Governor who wanted to undermine the spirit of devolution. When the Governor decides to abrogate his responsibility and the job that he has been given - which he is supposed to do - to his juniors and claims he can actually pass the buck---. I think he is a very good example in this country today; that all Governors should take full responsibility for what is happening in their counties. I think we cannot leave this matter without surcharging those officers who might have helped Governor Wambora in the misappropriation and misallocation of resources in that county. The plunder of resources in that county should be further investigated. I think I must give another example of Turkana, if you can allow me, Mr. Speaker, Sir.

Sen. Munyes, I cannot allow you to talk irrelevant things to the Report! But it is up to you if you can use it creatively; that is where the trick is.

Mr. Speaker, Sir, there is something that the Governors are learning, and it is happening all over. There is a Committee of Governors that is just passing information---

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

We are a quasi-judicial body now and you must address the issue of Embu alone without making any reference to the possibilities that may be there in future. if I am accused as somebody who has committed robbery, there is no use saying that “O, maybe my brother may also one day be a robber” in those court proceedings; I cannot! So, 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 are on a point of order; you are not making your contribution. I think you have made your point.

Thank you very much, Mr. Speaker, Sir. My case is made.

Your case is made and I am sure the House appreciates it.

With those few remarks, Mr. Speaker, Sir, let me say we are very sorry for our brother, Governor Wambora – who I know very well and we have had time together in the previous Parliaments – and I hope that this will serve as a very good case and example for the rest of Governors who do not want to follow the right channels.

Thank you very much, Mr. Speaker, Sir. I beg to support.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir. I am rising on a point of order to seek direction from the Chair. Notwithstanding the provisions of Standing Order No.98(4), I rise on a point of order to request that the Speaker allows each Senator speaking on this Motion on the Impeachment of the Governor for Embu County to do so in five minutes so that as many Senators as possible can have an opportunity to contribute. Mr. Speaker, Sir, with your indulgence, allow a maximum of 10 minutes for the Senate Majority Leader and the Senate Leader of Minority, at the discretion of the Chair.

Sen. Wetangula?

Mr. Speaker, Sir, that is a Procedural Motion that we had discussed and informed you, and I fully support it so that we give as much space as possible to Members to speak, knowing that we are debating a precedence setting Motion in this House. Mr. Speaker, Sir, I beg to second.

Okay; hon. Senators, we will reduce the amount available to you from the maximum 30 minutes to a maximum of five minutes so that everybody has an opportunity to contribute. The Senate Majority and Minority Leaders will have 10 minutes each. Sen. (Prof.) Anyang’Nyong’o.

Mr. Speaker, Sir, I will be very brief. One of the things that I wanted to draw the attention of the House to is that, at the end of the Report which says “the general state of affairs in Embu 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.

On which page?

Page 48. Mr. Speaker, Sir, I think this Senate has a very special responsibility; a responsibility of rescuing the counties from sinking. I must thank the Embu people for coming forward to be the first to be dissected so that we can know what to do in future. Mr. Speaker, Sir, the Committee has carefully pointed out that although their mandate was to look at the Governor and the Deputy Governor, the problem is much wider. For record, let me read paragraph 110:- “Although comprehensive analysis of the state of affairs in Embu County was not part of the mandate of the Special Committee, it would be an omission on the part of the Special Committee not to mention that in the course of the investigation, particularly in the public hearings, it became apparent that matters in that county were in a far less than satisfactory state. The toxic relations between sections of the County Assembly and the Executive were on parade, as was the state of confusion, disarray and lack of synergy in the County Executive Committee. Accusations of witch hunting and bad faith were thrown back and forth. There is going to be need, whichever way the present matter concludes, for a concerted effort of seeking reconciliation and cohesion.” Mr. Speaker, Sir that is the crux of the matter. Definitely, we will impeach the Governor and that is a foregone conclusion.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir. I am sorry. I know that my brother, Prof. Anyang’-Nyong’o is a seasoned Parliamentarian. However, is he in order to preempt the final decision of this House?

That is an opinion, Mr. Speaker, Sir.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, he did not say it was an opinion. He said that it is a foregone conclusion that this House will impeach the Governor of Embu. Is he in order?

Order, the two professors. The professor who was contributing is perfectly in order to state his opinion. He does not have to substantiate that it is an opinion because everybody contributing is giving an opinion. When you contribute to a Motion of this nature, you are either saying that you support or you do not support. So, when you support, the consequences are obvious. I think he was just being a professor.

Having said that, Mr. Speaker, Sir, I feel, as Jesus did on the Cross, like saying; forgive them for they know not what they are doing. However, on the other hand, I am persuaded by the Committee that the person whom the Governor was defending ought to have known what she was doing. That is the most important thing. This cannot be taken too far and be forgiven precisely because we want to make these matters straight so that the counties can move forward properly. It is a 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. Anyang’-Nyong’o. I will allow you more time because of the interruptions that have eaten into your time. Since I defended you, I will also explain to you when you are not on the right track. Your good neighbour, Sen. Orengo, put it very clearly that what the Committee did was to substantiate the allegations. This plenary is doing the impeachment. I just wanted you to be keen on that. It is up to this plenary to decide and even to disagree with the Committee.

Mr. Speaker, Sir, I was trying to persuade the House to agree with the committee. This is my role here. I beg the House not to divert me from my role. My role is to persuade you that the Committee has done very good work. If, indeed, it was my wish, I would, in fact, terminate the discussions now and call for a conclusion but I will not do that. I appreciate that other Senators too must speak to this Motion. One of the things that are very important in a process like this is that there is usually an early warning system. What happened in Embu was an early warning system. We have had a tremendous malaise that we are reluctant to talk about; which we must be conscious of. The decision we make today will help us make other decisions which are helpful to this nation. Some of the things that have happened in Embu may appear very simple, for instance, overlooking the law. However, Governments work by law. Governments work by following procedures and regulations. If the procedures and regulations were not important then the Senate, as a House, would not be here. We are here as a law making body. I belong to the Devolved Government Committee and we know the importance of the County Governments Act. I belong to the Committee on Finance, Commerce and Economic Affairs and I know the importance of the Public Finance Management Act. So, if we know the importance of the laws that we have made in Parliament, as a whole, we cannot just sit and watch as these laws are abrogated without doing something about it. I beg to support.

Thank you Mr. Speaker, Sir. I will say a few words regarding the matter before us. When the Committee was set up, the Senators who spoke at that time - I was not one of them - went out of their way to advise the Committee not to listen to side shows and to concentrate on the matter which was; whether the resolution by the Embu County Assembly can be substantiated or not. I think we are all happy, as a Senate, to see that the Committee did its job; it did not listen to side shows. The media would come up with other matters like, for example, whether the Governor is popular and whether the Deputy Governor is popular. Those 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, for giving me this opportunity. I want to support this Motion. First, I want to thank the Embu MCAs for coming out as real representatives of the people who elected them. They recognized and made sure that they looked at issues that affect the citizens of Embu County. I support this Motion by, sincerely, observing that the Embu Governor acted sarcastic in his responses by behaving as if he could not offer solutions to the people who seek services from him. He cannot understand the issues that are within, then the people of Embu County must have lacked the quality leadership that they deserved when they were electing the Governor. It is high time Government got servant leadership and not the boss-like leadership. Someone may be in the office as a leader but he wants to behave as a boss who wants to sit and watch things as they get out of hand. That is what happened in Embu County. The violation of the Constitution among other findings of the Report is something I agree with. That means that the violation of the rights of people with disability within Embu County cannot miss out. This is something that is happening in the 47 counties. If the violation of the rights of people with disabilities has happened, then it is unfortunate that it was not brought up. However, if this was brought up, that information would have formed part of this Report. I think the kind of leadership in our county governments makes Kenyans regret why voted for this Constitution. They do not get services as it had been promised, closer to them. This is happening. The employees working in the county governments are becoming a hindrance to those who seek services from the county governments. I thank the Embu MCAs for representing their people well. I want to conclude my support on this Motion by saying that the hands-off leadership that the Governor of Embu 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. I came here with an open mind; in the sense that Martin Wambora served in the Ninth Parliament, with you and me. He has had a long serving career as a civil servant, a very good legislator and, therefore, I was keen while listening to the Committee presenting its case. I have no doubt, therefore, that if my friend was the first one to have won the race of facing the Senate, I have no option other than to say that I support the recommendations by the Committee. I thank the Committee. For the first time, I agree with Dr. Boni Khalwale. I always disagree with him. At one time, I thought that he would not prosecute very well. However, I congratulate the entire Committee for the good work. Devolution does not mean that we also devolve corruption. If you see the work that the CDF did; with those of us who were in the Ninth or Tenth Parliament, you will see that it is a lot of work. When you compare that with what is happening at the counties, you will worry. Therefore, we as the Senate, have to take a strong position to defend devolution. On most occasions, when we talk about corruption in our counties, people think that we do not want devolution to succeed. We want devolution to work. This is a way of uplifting the poverty levels within where we come from. I want to thank the Committee because it went further to make a very good recommendation on page 36, 79(3), that; Until cleared by the Ethics and Anti-Corruption Commission (EACC), the County Secretary and the Tender Committee Members who were involved in the unprocedural procurement acts should step aside and be discharged of their duties immediately to allow for investigations. This is a good recommendation. As my friend goes home, the team that has to take responsibilities, immediately we adopt this Report, must step aside. These are the County Secretary and the Tender Committee. The whole lot must also face investigations so that the people of Embu know the truth about this. We are, merely, implementing our role as the Senate. After this, the EACC and the Auditor-General must move in and carry out investigations regarding the allegations; not only in Embu County but in the 47 counties that we represent. We are not saying that there are problems where we come from. However, we are saying that we do not want another Governor before the Senate. We want to do meaningful work which is the oversight role of our counties and not presiding over the impeachment of our Governors. It is prudent for our Governors to work with us, as a team. Our role, as the Senate, is to protect devolution. We have no ill motives but if you go against the Constitution, we will meet here. In conclusion, I have listened to the Committee and at one time I was asking myself whether this is really the description of my friend Wambora. I wondered whether what is happening to him is true. On the maize issue, I think it is economic sabotage 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, today we mark very many events. The first one is that we have had a sitting on St. Valentine’s Day when people are given roses and the proverbial rose has got its thorns. So, maybe Governor Wambora will never forget this particular Valentine’s Day where we delivered to him a rose flower with many thorns. Mr. Speaker, Sir, when you summoned this Senate to form the Special Committee, we had various issues of law raised. Some were raised by Sen. Wako and myself. I am happy to say that for purposes of legal precedence, those issues have been answered very well by this Committee. Those Deputy Governors who though that there is no provision for impeachment of a Deputy Governor should read this Report carefully where it says that the provisions of impeachment of a Governor apply equally to them;

. Those Governors who thought that their Deputy Governors are flower girls of their counties should read this Report carefully because the Deputy Governor has been exonerated in full, in so far as her role in this impropriety is concerned. I want to thank the Committee for following the Constitution and not being swayed by mob justice of removing the Governor and not creating a constitutional crisis, because under Article 182 (2), the Constitution has provided for a method in case the people of Embu were wondering whether there would be an election if their Governor is impeached. I am happy that these issues have been addressed. I am also happy to say that this Committee has followed the rules of natural justice. They gave Governor Wambora and the Deputy Governor a fair hearing. It was in public and they were given time to give their evidence. This Committee sat late hours and made sure that every piece of document or evidence was scrutinized. Governor Wambora will blame himself for imputing and talking about his character because this Committee has, in fact, found that the defence of his character based on his previous work does not apply. So, any Governor who thinks that their previous records, either in Government or any other place, will protect them from these provisions should read this Report carefully. Mr. Speaker, Sir, I am happy to support this Motion to the extent that we have shown as a Senate that we can comply with the law. The people of Kenya in promulgating and passing this Constitution will celebrate and put the naysayers to shame. It proves that this Constitution is workable. It will put the naysayers to shame that devolution is indeed workable. The Governor obviously did not take these proceedings seriously if what my good friend Sen. Murkomen and Sen. (Dr.) Khalwale have said is anything to go by. Therefore, the indictment that follows would be of his own making. Mr. Speaker, Sir, although there are several recommendations in what we would call abutter at the end of this Report, I think that we should also insist as the Senate that the money that was paid for purposes of purchase of maize should be recovered. The person who supplied this maize must be taken to court so that the people of Kenya can get value for their money. I beg to support. 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 to this very important Motion touching on the impeachment of the Governor of Embu. My heart goes out to the people of Embu because when they elected their Governor, they thought that they had elected someone who would change their lives. They thought that they had elected someone who is transparent. As Sen. Keter has said, they thought that his past experience in Parliament would make him competent and that they could entrust the lives of their children with him. It is unfortunate that you had to recall this Parliament to come and discuss this particular issue touching on Governor Wambora. Mr. Speaker, Sir, there is the issue about Governors removing Senators from the road so that they can pass. It is very unfortunate that right now, we are discussing some of the excesses of Governors. The issue of public finances and personal finances is supposed to come out very clearly. There seems to exist a very thin line between personal and public money. So, it is important that this particular occasion will serve to show people that public money cannot be used to buy fake seeds and fake tractors. So, it is very wrong when the whole country is treated to what we are witnessing today because of an individual who has refused to serve his people as envisaged in the Constitution. I take special recognition of the County Assembly of Embu who despite all these challenges waited patiently for this work to be completed by the Senate. To Kenyans who were almost losing hope in devolution, this is an indication to them that the Senate is there for them and that it will crack the whip when things go wrong. We are there for them. Mr. Speaker, Sir, I have my personal reservations with regard to the case touching on the Deputy Governor and I wish not to contribute on that issue. There is one point that has come out clearly with regard to the County Secretary. It is unfortunate that a whole Governor can rely on a County Secretary to run a county government. I do not want to mention names but this should not happen. The Governors that are doing it should realize that it will land them in the same hot soup. This is a weakness that is with most Governors and they must realize that this is not the way to go. The responsibility of running counties is with them. Mr. Speaker, Sir, when farmers are supplied with fake maize seeds, that normally means the earning of farmers for a whole year have been destroyed. Therefore, the people of Embu should not expect any maize harvest this year. It is very unfortunate that because of actions of their Governor, they are going to suffer for the whole year. My heart also goes to the Senator of Embu. For this to reach this level, he had tried his best, just like many of us to ensure that responsibility takes place to ensure that delivery of services in the counties is done within the shortest time possible. With those few remarks, I beg to support.

Thank you Mr. Speaker, Sir. I rise to support the Motion. I think the Constitution is clear that the Governors are the Chief Executive Officers of the counties and ignorance of the law is no defence. Governors must take responsibility in their counties. As I recommend for the exit of the Governor, I also recommend that the sub-ordinate staff should also step aside until further investigations are done. It is very unfortunate when the County Assembly which is supposed to play the oversight role does 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 and to remind ourselves that in Article 1 of the Constitution of Kenya 2010, it talks about the sovereignty of the people of Kenya. It says in Article 1(1)(2) (3):- “(1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives (3) Sovereign power under this Constitution is delegated to the following State organs, which shall perform their functions in accordance with this Constitution–– (a) Parliament and the legislative assemblies in the county governments; (b) the national executive and the executive structures in the county governments; and (c) the Judiciary and independent tribunals. (4) The sovereign power of the people is exercised at–– (a) the national level; and (b) the county level. Mr. Speaker, Sir, I also want to read the last one in Article 179(6) which says:- “Members of a County Executive Committee are accountable to the County Governor for the performance of their functions and exercise of their powers.” What this tells us is that the buck stops at the feet of the Governor, at night or during the day. It defeats logic when we are reading from this report that: “Seemingly the Chief Executive feigns ignorance in almost some of their functions and activities that were done.” Mr. Speaker, Sir, I come from a county where people are suffering from drought and as a result of this, there is hunger. It looks absurd that a county like Embu will follow and suffer like some of us who come from more arid areas just because the chief executive closed his eyes when decisions and matters were supposed to be taken. It, therefore, calls upon all of us in this House, that we should not bring any issue to the effect that anybody else was witch-hunting this Governor. The decision we are taking today should send out a signal that nobody is above or under the law in Kenya, be it the County Assembly as the people who have given us to exercise this sovereign power or the National Assembly. We should be able to realise that this Constitution came to guide us in the new dispensation. We can now see that the Constitution is beginning to put order and sense in the direction in which devolution should go. 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.

Shukrani, Bw. Spika. Yale niliyo yasikia kutoka kwa viongozi wa Kamati tuliyoiunda ni kama hadithi za Alfu Lela U Lela. Mengine ni zaidi ya hekaya za abunuasi kwa sababu kuwapa wananchi mbegu za kupanda zisizo ota ni kama vile abunuasi alimulikiwa na mwanga wa tochi kwamba apate joto la baridi.

Hilo ni jambo la upuzi ambalo sisi tukiwa viongozi hatuwezi kulikubali. Nimefanya kazi na Gavana Wambora katika Bunge la Tisa. Ni rafiki yangu kabisa. Huenda aliyoyafanya akiulizwa asema: “Sijui, nimesahuau.” Huenda ni huruma tumpe, labda ni mgonjwa kwa sababu sio kawaida. Kama walimu wake walikuwa huko alipofundishwa kuwa kasisi na mwingine mwalimu Moi, sidhani kwamba tutatkubaliana na hayo kwa sababu tunamfahamu Moi, sidhani anatosha kuitwa mwanafunzi wa Moi. Iwapo ni hivyo singependa hawa wawe walimu wangu. Bw. Spika, tunasema hivi kwa magavana wa nchi hii: Ukiona cha mwenzio cha nyolewa, chako tia maji.

Huu ni ukweli kwa sababu hatutaki kuyasema hapa kwa sababu leo tunaongea mambo ya Kaunti ya Embu. Lakini yaliyoko huko ni mazito hata kuliko ya Embu kwa sababu walikataa kuskia la mkuu. Sisi Maseneta tukiwambia hawasiki, wakatudharua, hawataki kusikia wasia wetu, basi majuto ni mjuku. Walijitosa kwa ulimwengu wa anasa, magari makubwa makubwa, ma askari wawafuatilia na magari mengi na bendera ya kupepea, wakasahau ya kwamba mbio za sakafuni huishia ukingoni. Sasa wamejua mkubwa ni nani.

Tunajua kwamba viongozi wa Embu, MCAs sasa hivi labda baada ya hapa wataanza kusherekea kwa sababu wamenyewa na mvua. Aisifuye mvua imemnyea. Lakini wajue ya kwamba kuna mengi ya kurekebisha, kuleta uiano kwa Kaunti ya Embu baada ya Hoja hiyo. Kutakuwa na vita na vituko, warudi wakajipige konde waone walipotea wapi na watafakari yaliyotokea ili wajenge Kaunti ya Embu. Bw. Spika, Kipengele cha 182 cha toa uongozi utakavyokua baada ya hili jambo. Huenda kama tutakubaliana, na mimi nimekubaliana kabisa kupitisha Hoja hii, tutakuwa na Gavana wa kwanza mwanamke nchini Kenya. Lakini Katiba haisemi, iko kimya kabisa kwa jambo la Deputy Governor. Hili ni jambo ambalo tutahitaji kutafakari, kutakuwa na nini kama Kaunti ya Embu huenda ikaongozwa bila Deputy Governor? Lakini hata huyu ambaye amepata bahati ya mtende akachukua mamlaka ya kuwa Gavana Embu ajue kwamba pia akodolewa na janga la yaliyotendeka kwa Kaunti hiyo. Ingawa amepata hiyo bahati bado ako taabuni kuanza kuangalia kwamba shida ilianza wakati gani na suluhu ni ipi. Ingawa sisi hatukuona shida kwake, viongozi wa huko 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.

Muda wako umekwisha.

Asante sana, Bw. Spika.

Thank you, Mr. Speaker, Sir. I lend my support to this Motion. As the Deputy Chair of the Committee, Sen. Murkomen said, it is really a sad thing, but at the same time it is also positive. It is sad because we are the custodians of devolution, but this is happening too early in devolution. But it is always better to excise a tumor when it is first discovered than to leave it until it spreads to the rest of the body. Mr. Speaker, Sir, we owe our duty to the Constitution and our citizens. I want to clarify three things. There is a fundamental question that has come up in recent weeks with regard to the question of accountability by the Governors. In the last meeting to which we invited the Council of Governors, the question of accountability came up: They said “We are not accountable; it is the county executive committee that is accountable.” This is what they used and refused to come. Next week we have summoned up to nine Governors to appear under Article 125. Mr. Speaker, Sir, I want to clarify that in Article 179 it is very clear that the executive authority of the county government is vested in the county executive which comprises of the governor, the deputy governor and the county executive committee members. It is also clear that the county executive in general, as my colleague, Sen. (Prof.) Lonyangapuo said is accountable to the governor for the exercise of its functions and powers. There is a collective responsibility, that each one of them is responsible. That institution is like a Cabinet at the national level. That is what the county executive is. But when you go to the County Governments Act, it is even clearer. What it says in Section 30 where it lists the functions and responsibilities of the Governor, it says in subsection (3)(a)(b), it gives very specific reference to the leadership of the Governor. It says:- “In performing the functions under subsection(2) the Governor shall: (a) provide leadership in the county’s governance and development; (b) provide leadership to the county executive committee and administration based on the county policies and plan;” It is very clear that the county governor is responsible. But in the same Section 30(3) (f), and this is one which we use in our committee to hold the county governors responsible for accountability, it says:- “(f) be accountable for the management and use of the county resources;” I do not understand what is not clear when county governors come and say they are not responsible when, in fact, it is very clear that they are not only responsible for the management, but the use of the county’s resources. The buck stops with them. Mr. Speaker, Sir, if you look at the report by this Committee, unfortunately, the defense used by Governor Wambora, who is a close friend and a neighbour, if you look at the charges on the procurement and under the Public Finance Management Act, both of them, based on the reports by the Auditor-General, the argument he used was: “I am not responsible for those things.” But from what I have read earlier in the law, it clear that the county governors are directly responsible for what happens under their administration. 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. Kerrow. Your time is up but being the Chair of the Committee on Finance--- I will give you one more minute.

Thank you very much, Mr. Speaker, Sir. In the same County Governments Act, the first ground that the Governor has been given in terms of powers for sacking or dismissing a county executive officer, do you know what it is? It is incompetence. It is very important for us to appreciate that the county governor must be in charge. To the extent that he is not in charge of what is happening in the administration, then, unfortunately he has to pay for the consequences. I appreciate the report by the team and I want to urge Kenyans that this not about witch-hunting or trying to send a lesson to other governors, it is about facts and we are here as a quasi-judicial organ. Based on the facts which have been laid down out here, for example, paragraph 59 especially on the irregularities by the auditor, then you go to paragraph 64 to 66 again by the auditor, if you read that and based on facts, I do not think this House has any other option but to uphold the verdict as proposed. I support.

Mr. Speaker, Sir, thank you for allowing me to contribute to this very important debate this afternoon. When this issue came up a few weeks ago, I was in Mombasa and I consulted a number of friends, it was really a hard thing to think about. We laboured so much and asked what the next step is. I was in a state of bewilderment and saying probably, it would be good to look at the merits and demerits of the case of impeachment that has come up from the County of Embu, knowing that devolution is a very important process which this Senate spearheaded in terms of protecting. It is really a hard decision to come to what we are planning to do but I think we have no choice. Just like my brothers Sen. Kerrow, the Senator from Kericho and Sen. (Dr.) Machage have mentioned, I served with Mr. Wambora in the 9th Parliament and the truth of the matter is we have to call a spade a spade and not a big spoon. I also want to thank the Committee we appointed on 4th February, 2014. Given the short time they have had, they have really done a comprehensive job and I want to say thank you to the 11-Member team. It clearly demonstrates the ability from the various skills and competencies this team has had. Mr. Speaker, Sir, it is important that county governments know that this is the beginning and we should set good precedence for people to follow in future. Prudent financial management and strict adherence to procurement laws should become the cornerstone or the pillar within which people can live, eventually. I will also want to bring out that Members of County Assemblies have an oversight role in the counties. As the team collected information based on this, there were loud murmurs and silent talk about what the outcomes can be like. It is important 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.

Mr. Speaker, Sir, thank you for granting me this opportunity to contribute to this important Motion. I support the Motion and let me start by saying that we are not the originators of this Motion. This Motion originated from Embu County Assembly and it is time for MCAs to be involved in the affairs of running counties countrywide. As we are seated here, sympathizers of corruption and their lawyers are holding press conferences. We have seen on twitter and we have received messages where people are conducting press conferences, challenging us as to whether we are supposed to hold this debate today. Let me assure Kenyans that we are not breaching any law, we respect the rule of law and we are not above the law. Mr. Speaker, Sir, I want to touch on sub judice rule. I know a little law because when I was in Kamiti Maximum Prison and Shimo La Tewa, I learnt some law.

We are not violating any law. The sub judice rule section 6 which falls under the Civil Procedure Act, does not supersede the Constitution. In other words, nobody should stop us from discharging our constitutional duties as provided for in Article 96(4). Nobody should stop us from discharging our parliamentary duties. If I do this interpretation, we are one of the arms of this Government. The judiciary is there to interpret the Constitution or the law but not to stop us from working. If it is the matter of violation of law, it is Governor Wambora who violated the sub judice rule. I am saying so because he first went to Embu Court to stop us from discussing him, before that matter was concluded in Embu Court, he went to Kerugoya Court to seek the same orders and then he came here in Nairobi to seek some orders in a Nairobi court. This is subjudicature, in other words, abuse of court process.

There are so many lawyers here and they can bear me witness. Between us, Members of the Upper House and Governor Wambora, his team and all the sympathizers of corruption, who is violating the law? 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, Senator. Your time is up.

I rest my case, Mr. Speaker, Sir. Thank you very much.

Mr. Speaker, Sir, thank you for giving me this opportunity to add my voice in this intricate and delicate matter about Embu County. As we carry out our primary role as Senators, it is important that we take into account that it is a matter of choosing between defending the counties and devolution. If we do not do this, then we will be killing it. I have read in the history books how devolution was killed by the first government we had in this country. It was because of incitement by some people to demonize Majimbo and eventually the Senate died. Looking at the findings of the Committee, I concur with what they have done. It is a good job and in ten days they have been able to give us a report with supporting documents that we can look at and see that there was an offence committed. As the governor of this county faces these charges, it is important that even his executive be part of this because they sit in the cabinet and know how things are done. As we deliver our mandate on the issue of Embu County Government, I want to request Treasury to fund county governments in time so that they can abide by the laws of Public Procurement and Disposal Act. Last week it was in the papers about the absorption of funds in the county government and it was found to be low. This is because they get funds when it is late so they are unable to follow the law where they are supposed to take four to nine months to procure anything for the county government. Mr. Speaker, Sir, I know that the Members of the County Assemblies (MCAs) are watching and they are so excited about this issue of impeachment and how loyal the Governors are to them. It is important that MCAs, who represent the people at the grassroots, come up with Bills that will benefit our people in terms of development, and not look for petty issues just to impeach our Governors. Mr. Speaker, Sir, finally---

On a point of order, Mr. Speaker, Sir. Is my good friend, Sen. Kanainza, in order to say that we are dealing with petty issues of impeaching Governors?

Did you say so, Sen. Nyongesa? 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, my able Senator is wrong, because I am not talking about us dealing with a petty issue. I am talking about MCAs focusing on personal issues or differences with the Governors, just to come up with impeachment motions. Mr. Speaker, Sir, finally---

On a point of order, Mr. Speaker, Sir. I want to request Sen. Daisy to apologize because we are dealing with a matter that came from the MCAs. If the MCAs came up with issues that are affecting the common citizen, and she is treating them as petty things, is she in order?

Sen. Nyongesa, did you say that we are dealing with a petty issue or that they should not be dealing with petty issues?

Mr. Speaker, Sir, I think that the two Senators are not concentrating. What we are doing here is very important. I am talking about personal issues that people bring on board just to impeach a Governor. Mr. Speaker, Sir, in conclusion we are Senators and know about all these issues, especially those that arise in funerals.

Order, Senator! Your time is up.

On a point of order, Mr. Speaker, Sir. Considering that we listened to the able Chairman, his deputy, other Members of the Committee and so many other Members who have contributed and we have to give the Governor 30 minutes, so that we can listen to what he has to say in mitigation, and not all of us have the stamina of Sen. Zipporah Kittony to work into the wee hours of the night, will I be in order to ask you to request the Mover to be called upon to reply?

Order! Order, Members! I see that the mood is like we should continue, but we cannot continue for eternity. We, definitely, cannot go beyond midnight. Secondly, we must vote. So, we really have to balance these things. My suggestion, if it is acceptable to you - and this is not a directive for now – is that we take three, three. Those are six and, at least, another 30 minutes. That is excluding the Senate Majority Leader and the Senate Minority Leader who will also take almost another 20 minutes. So, we are really talking of another 50 minutes. Is that acceptable?

Yes!

So, let us proceed now along those lines. Sen. Elachi! If you really care for your other colleagues, minimize your contribution.

Thank you, Mr. Speaker, Sir. From the outset, I want to support this Motion and thank the Committee for, indeed, making us proud in this House. It is unfortunate that, indeed, the Governor of Embu could not, at least, consider Article 73 of the Constitution that requires him to be consistent with the purpose and objects of this Constitution and also his responsibility to serve the people rather than the power to rule. Indeed, the Governor used his power to rule. 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 want to say that I have known Governor Wambora for a very long time, from our shared history in the public service and later in the Ninth Parliament as Member for Runyenjes. I think that it is very sad that Governor Wambora is likely to go down in history as the first Governor to be impeached by this Senate, under the new constitutional dispensation. Mr. Speaker, Sir, like Sen. Keter, I came into this House this afternoon with an open mind. I wanted to be convinced by this Committee that we selected whether truly the allegations made against Governor Wambora, a friend that I have known for a long time, could be substantiated. Having looked at this Report by this Committee - which I want to commend the Committee for making - and particularly the report of the Auditor General, my conclusion is that my friend Governor Wambora has failed to provide leadership to the government of Embu County. Mr. Speaker, Sir, I was touched particularly, by the procurement that the government of Embu has made quite irresponsibly. I was particularly touched by the maize seed. This is irresponsible and a matter that I think, other than the Governor, even many more heads in Embu should roll. We are aware that there is hue and cry in the way county governments are being managed throughout the country. Indeed, it is possible that 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, let me take this opportunity, first, to wish the 17 ladies in this House a happy valentine.

Mr. Speaker, Sir, secondly, I was going to make an expression saying

This is because I have sat here and heard my friends and esteemed colleagues starting from Sen. Keter, Sen. Musila and Sen. Billow, saying that they are great friends of Governor Wambora and some were even neighbours. With friends like these, do you need enemies, honestly? Anyway, I understand that they are doing what they are doing as a matter of principle and that is what it is all about. Mr. Speaker, Sir, I find myself in a very awkward position because all of us stand in judgement of our colleague. I say a “colleague” because the Governors and Senators are meant to be joined at the hip. The Governors and Senators are one. The paycheck that we get today is because our role is the protectors and custodians of the county. So, it pains me, in particular, to have to stand here in judgement over my colleague. Sad too, because, personally, I know that Governor Wambora is a good and decent human being. Unfortunately, he has brought himself in this situation. We have talked of abdication. Did he delegate to the point of abdication? Those are issues which came up and the Committee gave a resounding “yes.” Mr. Speaker, Sir, all that I would like to say is that we thank God for the justice system and for your wise counsel that today he is going to come here and put his case across. All that I will ask my colleagues is that we should have an open mind and listen to him. This is because there is a saying “only fools do not change their minds.”

You will have an opportunity to hear. Anyway, my point is---

Order, Senators! Proceed, Sen. Moi! Finally, I would like to agree with my colleagues that today you are holding judgment on Governor Wambora; but the real culprits are the County Officers, the 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.

Support! Support! Support!

Whether I support or not, you will know when I vote. Thank you.

Sen. Obure.

Thank you very much, Mr. Speaker, Sir. First, I want to thank the Committee for doing a good job and making these recommendations to us within a very short time which was at their disposal. Mr. Speaker, Sir, I want to make reference to a statement which was read from this Report by Sen. Anyang’Nyong’o of Kisumu, which is contained in page 48 of the Report. From that, you can see that the Committee itself has described a situation in Embu County as being toxic: “Toxic relations between a section of the County Assembly Members and the Executive.” I am very concerned about that relationship because as a consequence of that relationship, we are told that there is confusion, disarray and lack of synergy among t he various players in Embu. This suggests the existence of an unhealthy, hostile working arrangement or environment. What is the cause? We do not know. Could it be intensity of the differences between the various clans in that county? Could it be witch-hunting? It could be anything. So, I am appealing to the players in Embu – the leadership – to try and sort that out through dialogue and engagement because the people of Embu deserve better than that. Coming to the substance of the Report, Mr. Speaker, Sir, the question which this Senate must answer, in my opinion, is whether the Governor of Embu passes the leadership and integrity test. In my own opinion, he does not.

I find him guilty of all the three counts as charged because he has been involved in violation of the procurement law; he has failed to constitute the various procurement committees in his county; he has embarked on development projects – the construction of the town hall, the probation offices, the stadium project – without any budgetary provision. If you recall, this is really what led to all this white elephants around the country because projects were started in the 1980s and 1990s, and they stalled because there were no budgetary provisions. This is exactly what the Governor for Embu is trying to do within Embu County. Mr. Speaker, Sir, he has engaged contractors who are not even registered, and this is contrary to the National Construction Authority Act, which was passed in Parliament. All contractors engaged in public projects are required to be registered under that Act, 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! Your time is up. Sen. Joy Gwendo.

Thank you, Mr. Speaker, Sir, for giving me this chance to also add my voice to this important Motion. Mr. Speaker, Sir, as I stand to speak, I bear two sets of pain with me; the first pain is that Sen. Wambora shares a party with me; and the second pain is that my mothers were given fake seeds to plant. So, in this case, I will go with my mothers, because I know I am in a party that has no tolerance to corruption. After listening to the report given by Sen. (Dr.) Khalwale and Sen. Murkomen, somebody who has actually wronged the people who voted for him comes before a Committee and says “I do not know;” is that somebody who respects the Constitution? Yet that is somebody who has an obligation to uphold and respect that Constitution, because he was voted into office to actually use that Constitution to lead his people. The people of Embu right now are looking up to this Senate to save them, because as it is, Governor Wambora did not look after them. After what we decide, will save the other Kenyans from all the things that we have disregarded; like having the Governors come into this town from their counties with the sirens and giving the people the impression that they are very powerful. But what are they doing back there; having people suffer? We have given them the responsibility of ensuring that the people have the power. The people have what they asked for; that is the reason they voted for them. Mr. Speaker, Sir, I beg to support.

The last one from this side, Sen. Khaniri.

Thank you very much, Mr. Speaker, Sir, for the opportunity. Mr. Speaker, Sir, when Kenyans voted for the new Constitution in 2010, the biggest gain Kenyans got was devolution. Kenyans had a lot of expectations; that devolution will turn around their lives; devolution will improve their lives and it 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.

Well done!

Yes, I think we have exhausted the three contributions from each side; so, now we will allow the Senate Minority Leader.

Thank you, Mr. Speaker, Sir, for the opportunity to speak to this Motion. Like many colleagues have said, Martin Wambora is a very good friend of mine; we sat together in the Ninth Parliament. When 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.

(Sen. (Prof.) Kindiki): Thank you Mr. Speaker, Sir. I have been resisting using the microphone that the Senate Minority Leader, my brother and friend and my senior Moses Wetangula, used. Today, I stand here with a lot of confusion in my mind. I want to start by saying; like the tragic hero, Okwonkwo, Things Fall Apart, I stand here to discuss and to contribute to a Motion that relates to the fate of a Governor who comes from the political divide or the Coalition I represent in this House. Just like in Things Fall Apart, when the oracle of the hills and the caves decided that the sacrificial boy, Ikemefuna must die, the warning that the oracles of the hills and caves gave to Okwonkwo was; the boy will be killed but do not have a hand it his death because he calls you “father”. I say so because I make this contribution with the full knowledge and disclosure that Martin Wambora is my friend. Martin Wambora is my political comrade. In fact, the whole afternoon, I have been reminiscing through the difficult times that we spend with Martin Wambora in Embu trying to wrestle that area from parties that were hostile to The National Alliance (TNA) party. I have to disclose this so that you understand where I am coming from. We succeeded amidst a lot of difficulties and we bonded in the process. I am speaking about Martin Wambora who is my neighbour in terms of sharing counties. I am lost for words. 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. That is the end of contributions. I will now invite the Mover to reply. After the Mover, we will give the Governor an opportunity to be heard, just before voting.

Mr. Speaker, Sir, I want to pay special tribute to Senators in this Chamber who belong to the TNA and, in general, to Senators who belong to the Jubilee Coalition. They have, through their contributions, demonstrated that if we must attack and defeat the monster of corruption, then loyalty to our political parties will not be in the interest of the Republic of Kenya. Thank you. Mr. Speaker, Sir, I will make only three small points as I thank everybody. The first one is; who was the recipient of the free seed? The rich of Embu who own 20acres, 50acres and beyond did not line up for the free seeds. The people who went for the free seed are the owners of half-an-acre, 1.5 acres, one-quarter of an acre and so on. Who are these people? These people are the first ones who meet the challenge of how they will do the first ploughing of their field. They sell a goat, chicken and somehow manage to do the first ploughing. Sometimes, they ask their children - who are in class 8 – to be absent from school to help them in ploughing. They were given seed that could not germinate. Mr. Speaker, Sir, we should ask ourselves, besides pursuing the Governor for seed, who will compensate the farmers for the seed? Who will compensate the farmers for what they lost in the first and second ploughing and the cost of planting? The second point I want to make is on grass. One of these days, I will tour the stadium of Embu to see what kind of grass is planted on a pitch of around 150 metres by 150 metres that costs Kshs8 million. Were they trying to establish a golf course that has special grass? I do not know. The last point is; the Audit Report you have before you is for a very short period. For that short period, the money that the Governor was calling “small money” amounts, in quick arithmetic to Kshs101,800,000. Therefore, if in that short period there is this kind of impropriety, what else will happen if you leave this Governor in office for a total of five years? Since the Governor is responding, I want to speak to his family, friends and tell them there is nothing personal. Maybe the Governor in addressing us, he is going to tell us to forgive him. Yes, we might forgive him. But even if we have to forgive him, for the Kshs6.9 million which the Auditor-General found on page 30 that you paid to doubtful creditors, how shall we pay you and forgive you for the first Kshs5.3 million found on page 32 by the Auditor-General which you refused to transfer to the Exchequer account 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.

That submission by the Mover brings us to the closure of this particular debate. But before we vote, there is a requirement of the Constitution and the County Governments Act that the Senate shall after according the Governor an opportunity to be heard, vote on the impeachment charges. So, we will now allow the Governor and his lawyer to come and we will give them a maximum of 30 minutes; if they could use less time, the better. I shall, therefore, call the Chief Serjeant-at-arms to find one Martin Nyaga Wambora and bring him to the Senate Chamber. ( Hon. Martin Nyaga Wambora and his advocate

Order Senators! Governor Martin Nyaga Wambora has been brought to the Senate. I will, therefore, ask the Clerk to read the Charges and then I will ask him to respond. Hon. Martin Nyaga Wambora, we want to thank you for your cooperation so far. You have always appeared before the Committee when you are required, and here you are. This is an opportunity for you to tell the Senators what you may wish to tell them. You have 30 minutes and you can share that time with your lawyer but you have to start because this is to do with you, then you can introduce your lawyer and then conclude. Let us proceed along those lines. Clerk, proceed and read out the charges.

The Charges are as follows:- (a) Violation of the Procurement and Disposal Act, 2005 and Regulations, 2013; (b) Violation of the Public Finance Management Act, 2012l and, (c) Violation of the Constitution of Kenya. 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.

Those are the charges, Mr. Martin Nyaga Wambora; what do you have to say?

Thank you Mr. Speaker, Sir, for giving me the opportunity to present my position. On my right is Mr. Wilfred Nyamu, my legal counsel. I will take 15 minutes and then the legal counsel will take the other 15 minutes. May I reiterate my impeccable career both in the Civil Service and in the political arena as a DC, Under Secretary, Deputy Secretary, Chief Finance Officer and Deputy Director of Budget. For 25 years I have done this work including serving in one of the biggest Ministries, the office of the President, for six years with a budget of billions of money and I have never been faulted for taking even a shilling of the public funds. I have undertaken my work with efficiency and vision. This work of Governor is not the first one I have done. In the political arena, I was a Member of Parliament in the Ninth Parliament and I administered the CDF very well. I was even commended by the Board of CDF as among the best. I was the Chairman of the Kenya Airports Authority (KAA) for two and a half years, during which period Jomo Kenyatta International Airport got three awards under my watch. As a Governor, for the short period I have been there, I have led my county with vision and mission. I want to state here that I am a firm believer that great leaders do not get involved in details. As a Governor I cannot do procurement. I do policy and procurement oversight, just to make sure that things are moving on well. However, I want to inform this honourable House the major challenges which we faced as the first Governors in this country. One of them is that we had to live by the County Goverrmnent Public Finance Transitional Act which was effective from January to September, 2013. That law gave exceptional powers to the Interim County Secretaries with clear instructions to account for use of funds as well as procurement to the Transitional Authority (TA) headquarters. If you listened to the hearings during the Committee sittings, Mr. Makori, the Chief Executive Officer of the Transition Authority confirmed that in the case of Embu, they sent an AIE of over Kshs61 million for rehabilitation of the county assembly, the rehabilitation of the Governor’s office, among other projects. The Accounting Officer was directly accounting to the CEO of the Transitional Authority. Our hands were tied and they made sure that the Governors could not get anywhere near procurement. This is not abdication. After they left on 30th December, there is no information I do not get from the accounting officers or the county secretaries. After that, things became open, and anything that happened after that time, I would take responsibility. Mr. Speaker, Sir the Auditor-General’s report which is highly being quoted here traversed the period between March and June. This is one quarter when our hands were tied and we could not play an effective role in the areas of procurement. So that was a major handicap. I would again repeat that great leaders focus on vision, policy and mission, but not on detail. On the issue of the Embu Stadium, it suffices to say that not a single cent has been spent on that stadium to date. Investigations are being done by the Ethics and Anti Corruption Commission (EACC). The same applies to the maize seed whose germination 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, my names are Wilfred Nyamu and I am counsel for the Governor, Martin Wambora. I am actually humbled and I think I will go into history as the first counsel to appear before the Senate. Just as this goes into history as the first impeachment proceedings, I would urge this hounourable House to consider that the same sword that is applied to my client, Mr. Wambora, today, will apply to future governors. So that if procurement improprieties are going to be grounds for the impeachment of my client today where he only participates on policy matters, then many governors will go and will this will apply, many years from now, even to governors for the future who may be in this House. Mr. Speaker, Sir, hon. Members, I am actually grateful to the Special Committee that we went through along with my client for a period of four days where we had sleepless nights, sleeping for one hour and going back and forth. As it is, I am happy because they exonerated my client from a very serious charge of abuse of office and gross misconduct. The only charge that remains now to be dealt with, as charges have been read before the House, is a charge under Article 181(1)(a), that is; gross violation of the Constitution and any other law. My client has been exonerated from having breached the County Governments Act and that is very clear. Even where it has been said that he breached his responsibility under Section 30(3), basically that must go because it was found not have been substantiated owing to the fact that the violation of the County Governments Act is not part of what is before this House. Hon. Members, as it is, it is very clear that the laws forming part of the charge are the Public Finance Management Act, the Public Procurement and Disposals Act and the Constitution of this country. My submission on that issue is that the basis upon which these two laws apply is Article 226 of the Constitution in respect to the Public Finance Management Act where provisions are made in terms of financial operations in a county government. I would urge hon. Members, before they vote, let them refer to that Act. They will find that there is nowhere that is indicated that the governor has responsibility. The governor, in respect to that part, has a responsibility as a member of the county executive committee and being chairman where only policy formulation is their role. Once it is determined that a certain project is to be approved and the budget is approved, implementation work goes to the accounting officers as defined under Section 148 of the Public Finance Management Act. 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! Order, Senators! I had ruled that they will be heard in silence. So, let them also leave in silence. Governor Martin Wambora and your Counsel, you may take leave.

Order, Senators! I, therefore, wish to put the Question. This is a matter affecting the counties. In a matter affecting the counties, it means that we will require the requisite number of 24. If you look at our Standing Orders and the County Governments Act, there is a provision for all the Senators. I want to clarify that the correct reading is the one of the Constitution, Article 123(2) which says:- “When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties.” I have, therefore, ruled that it affects counties. If this one does not affect counties, which one does? So, we will take the Roll Call vote. I order the Bell to rung for eight minutes.

Five minutes!

The provision is eight minutes. Unless you know how to undo it, we will have to go by the 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.

Order! Order, Senators! Order! Order, Sen. Orengo! Order! The eight minutes are actually meant for other Senators who are outside to come in, not for others to go away. Order! Order, Senators! Order, Sen. (Prof.) Anyang’Nyong’o! The names of the Tellers are as follows:- Ayes – Sen. Joy Gwendo Noes – Sen. Halima Mohamud. Senators, as you do the vote, it is important for us to remember the importance of the exercise you are about to embark on. Again, this is a vote by county delegation and I just would like to remind the words---

Order, Sen. Orengo! What we are contesting is the issue of all Senators; this is by county delegation. Article 123(2) of the Constitution is the one operational here. Both the County Governments Act and our Standing Orders did not capture it correctly. I would like to remind you of the importance of this; the Committee has substantiated the allegations. Your task is to do the impeachment or otherwise. I would like to get the quote that Sen. Orengo used by Luther Martin who said:- “I see two honorable members of this Court, Messrs. Dayton and Baldwin, who were with me in Convention, who like myself, know perfectly why this power to try to impeach me was placed in the Senate. It was because, among all our speculated systems, it was thought this power could know where it would be less likely to be abused.

I think that very well describes our own circumstances in the 21st Century. So, I therefore wish to put the Question as previously read, because it is a lengthy one.

Proceed! Clerk, call out the names.

Mr. Speaker, Sir, I just want to get some guidance or some clarification and also to inform. There are three counts here; some of us may feel, on some counts, they have not really been substantiated; but on one, they have been substantiated. Now, the direction I want from you is that since we are voting on impeachment, I would like a directive that if you feel that one of the counts has been proven, then you impeach. 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.

Order! Order! Have you finished your point of order, Sen. Wako?

Actually, I just wanted some clarification from you on how we are proceeding because some of us may feel that on one count, the charge has not really been substantiated; but on another one, it has very well been substantiated. As Sen. Billow said, in America, the Governor of Oklahoma had 11 counts, but was impeached on only one. Now, what I would want to hear from you is a reconfirmation of that; that even if I feel that there is one, I should vote for impeachment. Otherwise, for me, maybe one or two are not clearly proven.

Order! Order, Sen. Wako! Why are you in a hurry? I have given you the opportunity to show your preference; you do not need to explain, you will explain when you are actually saying ‘yes’ or ‘no.’ I will give the procedures that you have requested for.

Okay.

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

Mr. Speaker, Sir, it is important that the Senate appreciates that some of the issues being raised by Sen. Wako - we agonized over them. It is our considered view that at this stage, all that we are doing is that we are deciding whether to impeach him or not. A Governor in this circumstance is impeachable if on any of the five charges, he is found that he had committed a wrong. So, to try and go any otherwise and start creating benefit of doubt, I think the former Attorney-General will be well advised to go slow and appreciate that impeachment is not because you have substantiated many or all the charges; it is a question of substantiating any of the charges, even just one. Thank you, Mr. Speaker, Sir.

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

Yes, Sen. Murkomen?

Mr. Speaker, Sir, as much as I became an able deputy of Sen. (Dr.) Khalwale, I disagree with him. If you read Section 33(8), it says:- “If a vote in the Senate fails to result in the removal of the governor---“ Sorry; it is Section 33(7):- “If a majority of all the members of the Senate vote to uphold any impeachment charge, the governor shall cease to hold office.” That means it is a charge by charge voting. The idea here, which I agree with the former Attorney-General; and Sen. (Dr.) Khalwale agreed towards the end of his point, is that when the Senator is voting, you have to say “Yes to all charges” or “Yes” to this and this and “No” to the other.” 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! Order, Senators! I think the issue raised by Sen. Wako is a valid one in terms of the procedure, because earlier I had ruled that we will be voting on each charge. And then the issue that Sen. (Dr.) Khalwale was trying to offer unsolicited advice, which might be useful, is; do you impeach a Governor on account of one, two or three? So, I think those are very important issues that require clarification. In terms of procedure, instead of going through the lengthy process of calling out each charge and calling out every county delegation, we will make it simple, but it will realize the same objectives. When the county is called, bear in mind that there are three charges – and everybody has an Order Paper – there is (a), which is procurement, just to summarize because you can read for yourself; there is (b), which is public finance management; and there is (c), which is the violation of the Constitution. I would imagine a county delegation voting like: “Yes to all the three;” or “No to all the three;” or you can decide, in the words of Sen. Wako, maybe one or two. So, in that instance, the county delegation would state that “Yes for A; No for B and Yes for C; or “No for C.” We can use A, B, C to make it simpler since we already have the Order Paper. Is that very clear?

It is very clear.

The second one is what will constitute an impeachment. I think that has already been answered by Sen. Murkomen. Section 33(7) stipulates that you if uphold any one of the three charges--- So, failure to do so means that all the three have been negatived. Is that also very clear?

It is very clear.

Then let us proceed. And the tellers, for your convenience, have three lists; so, there is a list for A, there is a list for B and there is a list for C. So, a vote on all the three will be taken at once, but it will be as if you are voting per charge, except that we will spare you the opportunity to keep rising from your seat to declare your position; you can only do it once.

That is why I asked Sen. Wako why he was in a hurry!

I was not in a---

Order! But we do appreciate Sen. Wako, having been Attorney-General Emeritus, he has reason to be concerned about law. Proceed!

Senator Billow Adan Kerow, Mandera County.

Mr. Speaker, Sir, on behalf of the County of Mandera I vote yes to “a”, yes to “b” and yes to “c”.

Sen. Boy Juma Boy, Kwale County.

Order, the Standing Orders are very clear on this one. They do not include what you have just done.

Mr. Chairman, I was not voting but clearing my throat. The vote is now coming. I vote yes for the three counts.

Sen. Bule Ali Abdi, Tana River County. Sen. Chiaba Abu Mohamed, Lamu County.

Thank you Mr. Speaker, Sir. On behalf of Lamu County, I vote yes for “a,” yes for “b” and yes for “c.”

Sen. Haji Mohammed Yusuf, Garissa County. Sen. Hargura Godana, Marsabit County.

Mr. Speaker, Sir, I vote yes for “a,” yes for “b” and yes for “c.”

Sen. Hassan Ali Abdirhman, Wajir County.

Mr. Speaker, Sir, I vote yes for “a”, “b” and “c.”

Sen. Hassan Omar Hassan, Mombasa County. Sen. Kajwang Gerald Otieno, Homa Bay County. Sen. Karaba Dickson Daniel, Kirinyaga County.

I vote yes for “a,” “b” and “c.”

Sen. Kariuki Godfrey Gitahi, Laikipia County.

I vote yes for all the charges.

Sen. Kembi-Gitura James, Murang’a County.

Mr. Speaker, Sir, Murang’a County votes yes on “a,” “b” and “c.”

Sen. Keter Charles Cheruiyot, Kericho County.

I vote yes for “a”, “b” and “c.”

Sen. Bonni Khalwale, Kakamega County.

Mr. Speaker, I vote yes for “a,” yes for “b” and yes for “c” after consultations with the entire delegation of Kakamega.

Sen. Khaniri George, Vihiga County.

Mr. Speaker, Sir, I vote yes for “a”, yes for “b,” and yes for “c.”

Sen. Kimani Paul Wamatangi, Kiambu 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.

Mr. Speaker, Sir, I vote yes on all charges.

Sen. Kindiki Kithure, Tharaka-Nithi County.

(Sen. (Prof) Kindiki): Mr. Speaker, Sir, with a very heavy heart, Tharaka-Nithi County votes yes for “a,” “b” and “c.”

Sen. Kioko Mike Sonko Mbuvi, Nairobi County.

Mr. Speaker, Sir, on behalf of the Nairobi delegation and the people of Nairobi County, I vote yes to “a”, “b’, and “c.” This should act as a warning to all corrupt governors countrywide.

(Sen. (Prof.) Kindiki): On a point of order. I am worried. This is a national exercise. I wonder whether my brother, Sen. Sonko is in order to put this House into public ridicule. The whole nation is watching these proceedings. Is he in order? Should he not withdraw and apologise?

Sen. Sonko, you have been challenged and rightly so. You had demonstrated to us, a bit earlier how much you can achieve in prison. Standing Order No.74(5) says; “When called out, each Senator shall, thereupon rise, in his or her place and declare assent or dissent to the question on the following manner – I vote “yes”, I vote “no” or “I abstain” or use appropriate Kenyan sign language.” This is, of course, not applicable to you. So, you only have three options; that you either vote “yes”, “no”, or “abstain.” So, withdraw and apologise.

Mr. Speaker, Sir, I think I was clear. I voted “yes” to all the three allegations; “a”, “b” and “c.” However, I only gave a warning. That was my opinion.

Order!

I withdraw and apologise.

Sen. Kivuti Lenny Maxwell, Embu County.

The Embu County delegation, after consultations, abstains on all the three counts.

Sen. Kiyonga John Munyes, Turkana County.

I vote yes for “a,” “b” and “c.”

Sen. Kuti Mohammed Abdi, Isiolo County.

Isiolo County votes yes to “a”, “b” and “c.”

Sen. Lesan Wilfred Rotich, Bomet County.

Mr. Speaker, Sir, Bomet County votes yes for “a”, “b” and “c.”

Sen. Leshore Sammy Prisa, Samburu County.

Samburu County delegation votes “yes” to “a”, “b” and “c.”

Sen. Lonyangapuo John Krop, West Pokot County.

Mr. Speaker, Sir, West Pokot County delegation votes yes for “a,” “b” and for “c.”

Sen. Machage Wilfred Gisuka, Migori 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.

Mr. Speaker, Sir, Migori County votes yes for “a,” “b” and “c.”

Sen. Madzayo Steward, Kilifi County.

Mr. Speaker, Sir, Kilifi votes “yes” to all the counts.

Sen. Melly Isaac Kipkemboi, Uasin Gishu County.

Mr. Speaker, Sir, Uasin Gishu County votes “yes” for “a, “b”, and “c.”

Sen. Moi Gideon Kipsielei, Baringo County.

Mr. Speaker, sir, after heavy consultations and a very heavy heart, Baringo County votes no for “a,” no for “b” and “no” for “c.”

Sen. Mositet Peter Korinko, Kajiado County.

Mr. Speaker, Sir, Kajiado County delegation votes “yes” for all charges.

Sen. Mungai James Kiarie, Nakuru County.

Mr. Speaker, Sir, Nakuru County delegation votes “yes” for “a”, yes for “b”, and yes for “c”.

Sen. Muriuki Karue Muriuki, Nyandarua County.

Mr. Speaker, Sir, on behalf of the Nyandarua delegation of one, I vote “yes” for “a, yes for b, and yes for c.

Sen. Murkomen Onesmus Kipchumba, Elgeyo- Marakwet County.

Mr. Speaker, Sir, Elgeyo-Marakwet votes yes on a, yes on b and yes on c.

Sen. Murungi Kiraitu, Meru County. Sen. Musila David, Kitui County.

Mr. Speaker, Sir, on behalf of the Kitui delegation and with a very heavy heart, I vote “yes” to the three charges.

Sen. Mutahi Kagwe, Nyeri County.

Nyeri votes yes for a, b and c.

Sen. Muthama Johnson Nduya, Machakos County.

Mr. Speaker, Sir, Machakos votes yes for “a”, yes for “b” and yes for “c.”

Sen. Mutula Kilonzo Junior, Makueni County.

With a very clear mind, Makueni votes yes for “a”, yes for “b” and yes for “c.”

Sen. Mwakulegwa Danson Mwazo, Taita Taveta County.

Taita Taveta votes yes for “a,” yes for “b,” and yes for “c.”

Sen. Ndiema Henry Tiole, Trans Nzoia County.

The Trans Nzoia delegation of three votes yes for “a”, yes for “b” and yes for “c.” 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. Ntutu Stephen Kanyinke, Narok County. Sen. (Prof.) Anyang’-Nyong’o, Kisumu County.

Kisumu County votes yes for “a”, yes for “b” and yes for “c.”

Sen. Obure Christopher Mogere, Kisii County.

Mr. Speaker, Sir, Kisii County delegation votes yes on all the three counts.

Sen. Okong’o Kennedy Mongare, Nyamira County.

Mr. Speaker, Sir, Nyamira County votes yes for all the charges.

Sen. Orengo James, Siaya County.

Siaya County votes yes on all the counts.

Sen. Sang Stephen Kiopyego, Nandi County.

Mr. Speaker, Sir, on behalf of Nandi County, I vote yes for “a”, yes for “b” and yes for “c”.

Sen. Amos Sitwila Wako, Busia County.

Mr. Speaker, sir, after due consultations, the delegation, although there were some doubts on (a) and (b), in view of the clear provisions of Section 149(2) and (f), Busia County votes yes to “a,” yes to “b” and yes to “c.”

Sen. Wetangula, Moses, Masika, Bungoma County.

Mr. Speaker, Sir, the entire Bungoma delegation votes “yes” on “a,” yes on “b” and yes on “c.”

Sen. Gwendo

Sen. Mohamud.

Hon. Senators, we have the results of the Division on all the three grounds of impeachment. The results are as follows:-

Now, therefore, pursuant to Section 33 (6) (b) of the County Governments Act, 2012 and Standing Order No.65(4) (b), the Senate, after according the Governor of Embu an opportunity to be heard, has resolved to impeach the Governor of Embu County on the grounds specified.

Order hon. Senators; it is now time to adjourn the Senate after we have exhausted the business for the Special Sitting. The House stands adjourned until Tuesday, 25th February, 2014, at 2.30 p.m. The Senate rose at 11.09 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.