Hon. Senators, I have the following Communication to make on the proposed removal from office by impeachment of the Governor of Murang’a County. Hon. Senators, by a letter received in the Office of the Speaker of the Senate on Wednesday, 21st October, 2015, the Speaker of the County Assembly of Murang’a informed the Speaker of the Senate of the approval of a Motion by the County Assembly of Murang’a for the removal from office, by impeachment, of the Governor of Murang’a County. In terms of Article 181 of the Constitution, Section 33(3(a) of the County Governments Act, 2012 and Standing Order No.68 (1) (a) of the Senate Standing Orders, the Speaker of the Senate is required, and I quote”- “Within seven days after receiving notice of a resolution from the Speaker of a county assembly, to convene a meeting of the Senate to hear charges against the Governor.” Hon. Senators, pursuant to Section 33(3)(a) of the County Governments Act, 2012 and Standing Order No.68(1)(a) of the Senate Standing Orders, I convened this sitting of the Senate through Kenya Gazette Notice No.8100, published on 27th October, 2015. Hon. Senators, pursuant to Section 33(3) of the County Governments Act, 2012 and the same Standing Order of the Senate, I hereby proceed to read the charges against Hon. Mwangi wa Iria, the Governor of Murang’a 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 a point of order, Mr. Speaker, Sir. I just want to bring to your attention something you did not see when you were making your communication. Two very senior Members of this House and very experienced, committed a gross violation of our Standing Orders. They bowed at the Bar while you were making the communication and proceeded to take their seats. Is this in order?

Order, Members! I will address myself to that matter at the end of reading the charges.

The County Governor of Murang’a exhibited gross-misconduct, abused his office in the following ways:- (i) Violation of Article 75(1) of the Constitution on the conduct of state officers and Section 13 of the Leadership and Integrity Act using public funds to brand his name that is evident in the enormous advertisements in the vernacular stations and billboards erected along the roads and at Ihura Stadium Gate. The Governor has continued to misappropriate public funds for personal branding in every advertisement made by the county. For instance, the front page of the printed examination cited ‘Murang’a County Post Mock Examination’ for the year 2014/2015 bear the name of the Governor, insinuating that he is the sole sponsor of the program and not the County Government. (ii) Pretentious realignment of departments and programs within departments that had not exhausted their budgets hence disregarding avenues that have been provided for by law as manifested during the Supplementary Budget for FY 2014/2015, thus causing confusion and hindering effective budget implementation of programs, particularly in the departments of trade, industry, commerce, agro-marketing, cooperatives, agriculture and livestock. (iii) Appointment of Mr. Christopher Ngera as the Chief Officer for Education and Technical Training Department who had been rejected by the County Assembly, contrary to Article 185 of the Constitution of Kenya and Section 45(1) (b) of the County Governments Act, 2012; thus defrauding public funds through payments of allowance/salaries to the said Chief Officer for the period he was illegally in office. (iv) Use of personal portraits in county funded projects, contrary to Article 73(1) (a) (i) and (iv) on Public Trust, Article 75(1) of the Constitution of Kenya and Section 13 of the Leadership and Integrity Act. (v) Loss of public funds through payment of eight ghost workers and lack of a precise inventory of the staff establishment as indicated in the Report of the Auditor- General 2013/2014 contrary to Article 226(5) of the Constitution of Kenya. (v) Failure to appoint a substantive Chairperson of the County Public Service Board and allowing the Vice Chairperson to occupy the said office for an undefined period, contrary to Section 64(2) of the County Governments Act, 2012. (vii) The Governor failed in his duty to Gazette all the County Executive Committee members whom we appointed on different dates in accordance with Section 30(2) (i) of the County Governments Act, 2012. (viii) Contrary to the provisions of Section 30(1) (j) of the County Governments Act, 2012, the County Governor since inception of the County Government, has never submitted to the Murang’a County Assembly any implementation status report of county policies and plans. (ix) The County Governor has continuously displayed negligence in his duties by failing to issue Gazette Notices of all important formal institutions made by him and of the County Executive Committee pursuant to Section 30(1) of the County Governments Act, 2012. 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, Sen. Haji and my teacher, Sen. (Prof.) Anyang’-Nyong’o, in total disregard of Standing Order No. 105 walked into the Chamber and sat while you were making a Communication. We pray for your ruling on this matter.

The two Senators mentioned, can you confirm or deny?

Mr. Speaker, Sir, I do not want to lie. I accept with very good reason. You looked at us twice and the third time you eluded.

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 concur with my colleague but about the elderly, I dispute, and the sickly, I totally reject

We had been standing for quite some time. We consulted and agreed that you were so absorbed in reading the communication that it would be unfair for us to wait for you until you reach a point where you could pause and let us in. Discretionally, we begged you without speaking to let us in. I apologise for contravening the Standing Orders.

Order Senators. Listening to Sen. Haji, I was beginning to be sympathetic but when it was the turn of Sen. (Prof.) Anyang’-Nyong’o, he discounted all the mitigating factors; chiefly, sickly and elderly. I did not see them collapsing while walking to the Chamber. I saw them walk majestically, healthy and sound. The rules of the House are yours. My job is very simple; just to enforce them. I appreciate your circumstance and apologies but you have to go back to where you stood and enter properly. That is how charitable I can get.

Mr. Speaker, Sir, I beg to give notice of the following Motion. THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, 2012, on 21st October, 2015, the County Assembly of Murang'a approved a Motion “to remove from office, by impeachment,” the Governor of Murang'a County; AND FURTHER, WHEREAS by letter dated 21st October, 2015 (Ref. No. MCA/SPK/08/CON/3) and received in the Office of the Speaker of the Senate on 22nd October, 2015, the Speaker of the County Assembly of Murang'a 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; 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 21st October, 2015, the County Assembly of Murang'a approved a Motion “to remove from office, by impeachment,” the Governor of Murang'a County; AND FURTHER, WHEREAS by letter dated 21st October, 2015 (Ref. No. MCA/SPK/08/CON/3) and received in the Office of the Speaker of the Senate on 22nd October, 2015, the Speaker of the County Assembly of Murang'a 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 68(1)(b) of the Senate, the Senate by resolution, may appoint a special committee comprising eleven of its Members to investigate the matter; 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 can see that Sen. Keter is in a hurry to get my brother out of this House. First, I thank you for the opportunity and also Sen. Keter for allowing me to second this Motion. I rise to second and strongly support the formation of this Committee. Secondly, I support the membership that has been proposed on this Committee. Looking at the list, it is a proper mix. I see Members from various professions and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to support this Motion and underscore, as my colleagues have said, that it follows in the tradition of this House where when such matters have come, we have rallied together in defence of the interests of the counties to debate such a Motion, having formed a very able Committee of 11 senators. As the Chairperson of the inquiry into Kenya Airways, I will lose two of my most capable Members at a time when we most need them. However, I think they are being outsourced to a cause that is really worth it; that is, Sen. Billow and Sen. Sang. I hope that although this will be a very demanding exercise by my two very able colleagues; that somehow, they will find time in between to attend to another equally important undertaking by this House at this demanding moment. Mr. Speaker, Sir, I congratulate you and the Members of the County Assembly for having brought this Motion before us. I hope that as the Senate Deputy Majority Leader has pleaded with us, we shall all support this Motion and make sure that we carry out our job diligently, objectively and from a stand point of principle. I beg to support.

Mr. Speaker, Sir, I rise to support that the Members who have been elected to this Committee are very capable; my able Chairperson, Sen. Billow, Sen. Chiaba and the rest. I am sure that they will see to it that justice is done through the process so that in case this governor messed, then the people of Murang’a County will be notified through the Senate. Knowing very well that quite a number of impeachments have come through this House, it is quite worth to know that the matter is already in the Senate. Even if elders try to sit in Murang’a County and suggest that they can try to sort it out, that is impossible. It is this House that will make sure that the proper process is followed and if Governor Wa Iria is innocent, then this House will end up setting him free. Mr. Speaker, Sir, I like the composition and I do not doubt any Member of this Committee. However, knowing very well that the Governor comes from the Jubilee side, I expected that the membership of those from the Minority side to be the majority in this Committee. On the other hand, I expected the Chairperson to be from the Minority side so that, at least, justice can be done. The way it is right now, it is inclined; the Governor, coming from the Jubilee side, majority of the Members are from the Jubilee side. All said, I do not doubt the capability of the Members. I know these are honourable Members who will make sure that we have the report within these 10 days. With those few remarks, I support.

On a point of order, Mr. Speaker, Sir. This is a fairly straight forward Motion which requires 24 votes. I can see the Senate is intact and I have seen almost 15 to 20 requests there. Since this Report might come back and that is the point at which we can debate it, why do we not also limit the time of interventions, so that we can just make one or two remarks and get this House to approve this Motion? 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.

Is he reading the mood of the House?

Yes.

I did not want to regulate because Members had already self-regulated themselves. Since you have raised the matter, I will not entertain more than three minutes per Member.

I said: “Not more than”. So, you can decide to do half a minute.

.: Thank you, Mr. Speaker, Sir. The Senate must recognise that this impeachment is here because the High Court has refused an injunction against the Senate. So, that is a milestone. In my county, had the Judiciary acted the same, maybe we would not have been in the same positon that we were in a few months ago. Two, I agree with the Senators who have suggested that the majority membership of this Committee and the Chairperson should come from the Coalition for Democracy and Reforms (CORD). Three, I express my disappointment that this communication was already in the press long before the Speaker communicated. Lastly, we do not expect the Committee to do what the Kiala Committee did, where they disagreed with their own findings here.

Mr. Speaker, Sir, I rise to support the Motion and make two points. The first has to do with the public perception that committees are created to remove or keep a governor. Even in the media, that is the perception that is given. I think it is important to make it clear that the Committee will simply make recommendations to the House. As has happened in the impeachment process in the past, the House did not agree with the Committee. It is important for us, as a House, to communicate that publicly. Secondly, I would like to support the Committee Members but also warn them that this is a quasi- judicial impeachment. Consequently – having gone through a process like this as Chairperson of a similar Committee – there will be interference from all kinds of quarters. Let nobody act here like the proverbial ostrich that buries its head in the sand. Let us be aware that this will happen. Let us be aware that there are stakeholders and interest groups that will try to interfere with the process. Consequently, I hope and pray that our colleagues will rise above all those interest groups, party interests, all sorts of attempts to introduce abuse into the Senate process and come up with a process that can be held high tomorrow by both the people of Murang’a as well as Governor Iria. I support.

Asante sana Bw. Spika kwa kunipa nafasi niunge mkono Hoja hii. Nimeitazama Hoja yenyewe na kuisikiliza ilipokuwa ikipendekezwa kwetu na nimeridhika na majina ya Maseneta ambao wameteuliwa kuhuduma katika Kamati hii. Kwa maoni yangu, Hoja hii na Kamati hii, ina uwezo kupita maelezo kwa sababu Maseneta wote ambao ni wanachama, hakuna ambaye anaweza kununulika kirahisi. Nikiwatazama vizuri, nina hakika hakuna yule ambaye anaweza kununulika; hayumo! 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. Billow?

Mr. Speaker, Sir, you heard the Senator for Kwale saying in very eloquent Swahili that there are Senators who can be bought; however, they are not on the list. That is a very serious statement that in this House, there are distinguished Senators who have integrity problems. Could the Member either substantiate or withdraw that statement because it injures the reputation and the dignity of the House?

Order Senators. I do not know what Sen. Boy Juma Boy may have to say but, Sen. Billow, I think you are just mesmerized by the eloquence of the language and the flow. When he says the Senators who can be bought are not in the list, he did not say where they are. They could not be on the list because from a random sample, we could not get from the total population of the Senators.

Bwana Spika---

Jambo la nidhamu Bw. Spika, Seneta alisema Maseneta ambao wako hapa hawawezi kununuliwa kwa urahisi. Je kuna wengine ambao wanaweza kununuliwa “kwa ghali”?

Seneta Boy Juma Boy, sasa hapo siwezi kukusaidia.

Bw. Spika, nimefurahi kwa sababu inaonekana sasa Kiswahili chafuatiliwa vizuri kwa sababu sasa ndio tunapoenda katika utamu wake na ladha yake. Nilichosema mimi ni kwamba “sifikirii”. Kufikiria ni kwamba jambo hilo haliko katika mawazo yangu. Kwa hivyo, niliposema sifikirii kwamba kuna Seneta anayeweza kununuliwa kiurahisi, ni fikira ambayo haipo wala jambo hilo haliko. Ni fikra ambazo nimezileta. Yaani hata hauwezi kuliwaza jambo kama hilo. Ninawashukuru kwa maana yaonekana kidogo Kiswahili chaanza kufufuka ndani ya Seneti. Bwana Spika, nikiendelea ni kwamba Hoja hii ni ya moja kwa moja---

Nidhamu, Sen. Boy Juma Boy. Umeulizwa na Seneta Billow; jibu hata hilo. Umejibu tu swala la Seneta Haji.

Bw. Spika, ninafikiri nimelijibu vizuri. Nimesema ningelieleza kwamba haimo katika mawazo yangu kwamba kuna yeyote anaweza kununulika. Lakini kama amelielewa kimakosa, basi wacha nimuweke katika hali ya usawa kwamba asiwe na taswishi. Naona Kiswahili hapo kimeeleweka. Nimeliondoa tamshi hilo. Kwa hali hiyo, naiunga mkono Kamati hii na ningependa kusisitiza kwamba nimehudumu katika moja ya Kamati hizi; zina kazi nyingi, zina muda mrefu, zina muda ambao wakati mwingine Kamati zinafika mpaka usiku wa manane, kwa hivyo, ni kazi ya kujitolea. Kwa hayo machache, naunga mkono. Asante.

Thank you Mr. Speaker, Sir. I rise to support the formation of this Committee. However, I would like to raise two quick issues on matters of procedure. First, on Standing Order No. 68 1 (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.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to support this Motion. The charges which you have read to us are very serious. Many of them are of a criminal nature. So, I am very happy that our leaders in the House have given the best in this Committee. If you look at the list, it is very impressive. Mr. Speaker, Sir, the Members of this Committee include the following; Sen. Billow Kerrow, the Chairman of the Finance, Commerce and Budget Committee; we have a Professor of Mathematics, an Engineer and several lawyers including a retired Judge, Sen. Madzayo. We have no doubt that this Committee will treat these very serious charges in a very serious manner. As you have said in these proceedings before, the Senate itself is on trial, because the governors will be looking at us, wananchi will be seeing whether we are protecting the monies that we are taking to the counties or whether we are letting the governors get off with massive looting of resources in this country. Mr. Speaker, Sir, we have to tread very carefully because this goes to the core of our function of oversight under Article 96 of the Constitution. I know this governor has appeared before one of the committees and he made some remarks which the Senators were not happy about, because he had said that he is not a tourist attraction to be seen by the Senate. I want to urge the Committee to ignore those remarks and concentrate on the charges which the Speaker has read before this House today, because those 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.

Hon Senators, I will allow you to contribute in not more than two minutes. We will bring this debate to a closure at 12.25 p.m. Proceed, Sen. Mohamoud.

Thank you, Mr. Speaker, Sir. I would like to support the Select Committee because it consists of men and women of substance and I am sure that they will make us proud. I would also like to support the sentiments of Sen. Boy Juma Boy that there are no cheap Senators in the Eleventh Parliament. I am sure that they will be fair in their deliberations.

Mr. Speaker, Sir, I rise to support this Motion and congratulate the people of Murang’a who have demonstrated maturity and confirmed that they are peace loving Kenyans. They have approached the big sister, the Senate, to help them deal with their issues as enshrined in the Constitution. Secondly, this demonstrates that the Senate is doing its work well. We have sensitized the people and they are aware of their rights and how to protect their property and their taxes. Mr. Speaker, Sir, this exercise will help in streamlining the implementation of the Constitution and the enactment of all the other relevant laws by keeping proper systems so that in future, the people who will be in charge of the counties will find good systems that will not be exploited by unscrupulous leaders. I also commend the team. I have seen that there are “no nonsense” Legislators in this Committee. I am sure that they will do us proud. I beg to support.

Mr. Speaker, Sir, I support the formation of the Committee. I urge the Members who I believe will retire from this Sitting for their first meeting, to observe the precedence already set when we had the issue of Kericho County, a Jubilee Governor impeachment, the Committee was chaired by a Senator from CORD. When we had the hearing of the Machakos Deputy Governor, who is from CORD, it was chaired by the distinguished Senator for Nyeri County. I want that precedence to be followed. The Chair of this Committee should come from CORD and a Vice Chairperson from Jubilee, so that we continue with the precedence set. Secondly, listening to the charges that you read to this Chamber, they are extremely serious. As you were reading, one would have thought that it was an Agatha Christie or James Hardley Chase novel. It makes one think about an Italian joke that “Africans have given corruption a very bad name”. Even when you want to do things in a bad way, you should use some brains, like the former President Mwai Kibaki said. If what you read to us is true, it is very unfortunate. Let us proceed on the basis that Governor Mwangi wa Iria is innocent until proven guilty. We should substantiate the allegations or reject them. Let us not be clouded by any press reports or happenings in other counties like the wheelbarrows of Bungoma. We are dealing with Murang’a 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.

Hon. Senators, in order to save on time, I call upon the Mover to reply.

Mr. Speaker, Sir, I beg to reply.

This is a matter concerning counties. We will therefore proceed to vote by county delegations.

The results of the Division areas follows:-

You may now draw the Bar and open the Doors. The Chair directs the Committee to organize its first meeting in the course of today for purposes of electing the Chair and the Vice-Chair. The Clerk will assist in organizing the meeting.

Hon. Senators, having exhausted the Business for this morning, the House stands adjourned until today afternoon, 28th October, 2015 at 2.30p.m. The Senate rose at 12.35p.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.