Hon. Senators, I have two communications to make. RETURN FROM HISTORIC SITTINGS IN UASIN GISHU COUNTY I wish to take this opportunity to welcome you back to Nairobi after the weeklong sittings in Uasin Gishu County Assembly. As you may be aware, the Senate made a resolution to sit in the County Assembly of Uasin Gishu on 21st June, 2018. This marked a very important part of our journey as the second Senate of the Republic of Kenya; and the first time that the Parliament of Kenya sat outside of Nairobi. It points to a key milestone and, obviously, a permanent stamp in the annals of history. Hon. Senators, history is written by people who dare the journey. As we made history, I am reminded about the challenges of catching the eye of the Speaker, and a claim by some Senators on how many times they should stand to be given a chance to speak. This was a clear departure from our digital systems to a manual system and a reminder that we have the responsibility to nurture our county assemblies in developing their systems. Hon. Senators, allow me, from the outset, to thank all Senators who made time to attend both Chamber and Committee proceedings. This was a clear demonstration of our commitment in the Senate, to pursue matters of interest to counties, and to protect the interests of county governments. I admired the zeal and energy with which all Senators were able to move from one Committee room to another and the level of engagement with the people of Uasin Gishu County. This was real time public participation. Hon. Senators, as we celebrate this historic milestone since the enactment of the Constitution, I wish to remind all Senators of our key responsibility to protect the interest The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir, for giving me this opportunity to join you in thanking our honourable Senators for the wonderful sitting we had in Eldoret. I want to thank all of them for their great participation, not just in the House, but also outside the House. The electronic version of the Senate Hansard Report is for information purposes

Sen. Poghisio Samuel.

Thank you very much, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes

Sen. James Orengo, Senate Minority Leader.

Thank you very much, Mr. Speaker, Sir. I must congratulate you for taking that bold decision. It has happened for the first time. Never before has any Chamber of the House when it was bicameral in the previous year; National Assembly or the Senate, ever held their sittings outside Nairobi, leave alone sessions. I believe that was a matter of courage despite what others might want to say. It is there in the Constitution that Parliament can meet in any part of Kenya. It demonstrates that every part of Kenya is as important as any other part of Kenya. In that respect, Garissa is as important as Nairobi and Mandera is as important as Garissa, because sometimes when we say that we cannot cede any inch of the territory in Kenya, we should show it by taking important institutions like Parliament to other areas. If it was possible, I would ask Parliament to go and meet in Migingo Island to assert the authority of the Republic of Kenya since everyone is scared of going to Migingo Island. I think if we went to Migingo Island, we would boost the spirits of the citizens who are living in there and who feel that they are not part of this country. First of all, let me congratulate you, Mr. Speaker, Sir, for that very bold decision. The other thing that is very important is what is now anchored in the Constitution; people’s participation. In every business that we do including oversight, there should be participation of the people unlike when we hold sessions here in Nairobi where it is only for those who can afford to get to Nairobi. This time, we could see people participation in Eldoret to the extent that all the communities that met there did a wonderful job including the Arua Community on the Maize Saga where we heard directly from the farmers and it was a very instructive meeting in Eldoret. The Committees on Justice, Legal Affairs and Human Rights went to Eldoret Prison. That is another demonstration that we are to reach every citizen; whatever the The electronic version of the Senate Hansard Report is for information purposes

Sen. Kilonzo Mutula Junior.

Thank you, Mr. Speaker, Sir. I want to say that this was momentous and we also bonded with the citizens. For strong reasons, the leadership agreed to work together. The clip that is circulating on social media on the public hearing on the Maize Scandal was not circulated by the traditional media but by people who were visiting. It shows the patience of leadership led by you, Mr. Speaker, Sir, listening very patiently to people who, to some extent were criticizing ourselves. The leadership had the tremendous opportunity of meeting the Berlin Marathon Champion, Mr. Henry Kipchoge, a very humble man, and the lady in Nandi County. They also had the opportunity go to MTRH. I must say that when I went for the public participation at the MTRH, I did not know that I would end up on the operation table the following day. We should improve healthcare. I sat in an ambulance from Kapsabet and I remember questioning the doctor as to whether in real sense, that was an ambulance. It did not seem to me to be one, had the situation been much worse than it was, I do not know what those doctors would have done. Certainly, I have a great passion to ensure that we have a better medical care because the sort of operation, minor as it was, that I underwent at the MTRH, it is most likely that it was a landmark since there was none intrusion and in just 40 minutes, I was out of there and Kenyans were at least relieved that it was not as bad as it was made to look. The electronic version of the Senate Hansard Report is for information purposes

I see a lot of interest. So, I will give the remaining Senators two minutes each. Proceed, Sen. Kibiru.

Mr. Speaker, Sir, I also join my colleagues in saying that it was a wonderful event. The issue now is; how can we fast-track some of the issues that came up out of the deliberations that we had in Eldoret? We visited a number of projects with you. A number of issues came up. I urge that we expedite the issues that came up and showcase that our trip to Eldoret can bear fruits. Examples of the issues include, the Special Economic Zones – investors are suffering and do not get the right attention and the cooperative movement. When we sat in the County Public Accounts and Investments Committee (CPAIC) there was the issue of expediting the County Attorney Bill. The electronic version of the Senate Hansard Report is for information purposes

Thank you. The House Business Committee (HBC) is already dealing with the issue that you have raised. It is very important. Proceed, Sen. Wambua.

Mr. Speaker, Sir, I join my colleagues in congratulating you and the leadership of this House for the bold step to undertake all the sessions in Uasin Gishu. I had an opportunity to visit the bypass under construction in Eldoret with the Committee on Roads and Transportation. We went to Maili Tisa and Kapseret. You could tell that people need our services on the ground. I challenge us that we ride on the success of the visit to Uasin Gishu, to get more committees visiting the counties to address issues that directly affect our people. We should also challenge our county assemblies; wherever they have sessions, they could set aside some time to sit under trees in those counties, especially counties that have border disputes. They could have joint sittings at the same place to discuss issues affecting them and resolve them amicably with the residents on the ground. I also take this opportunity to thank my teacher, Sen. (Prof.) Kamar for being a very good host. She had promised to take me to her farm, which she never did but we will follow up on that later. I thank you.

Mr. Speaker, Sir, from the onset, I thank you and colleagues who had an opportunity to visit Uasin Gishu County. As the custodians and protectors of the interests of the counties, it was an honour, as their neighbouring Senator. I thank my colleague, Sen. (Prof.) Kamar for hosting us very well. The people had an opportunity to attend – more so, people from Nandi County benefited. I had an opportunity, among other 13 Senators, led by Sen. Mutula Kilonzo Jnr.; Sen. Kihika, and Sen. Wambua, to address the County Assembly. The lessons we learnt are very important. We visited the GK Prison in Eldoret. We had an opportunity to engage many stakeholders to ensure that they facilitate devolution. I thank our colleagues. In the spirit of going forward, we should ensure that we work across the country so that by the time we come and sit here – I know the naysayers, the prophets of doom and many other people who did not want us to succeed have tried to churn out stories – in the spirit of moving forward, let us not even engage them. We should ensure that we move forward. The chicken from Nandi is very sweet and Sen. Mutula Kilonzo Jnr. can attest to that.

So, any time you can have one. The electronic version of the Senate Hansard Report is for information purposes

Chicken that can land somebody in hospital cannot be sweet.

Proceed, Sen. Faki.

Asante Bw. Spika kwa kunipa fursa hii ili nijiunge na Maseneta wenzangu kulipongeza Bunge la Seneti na Karani wetu kwa vikao vyema ambavyo tulifanya mjini Eldoret. Vile vile, ninachukua fursa hii kumpongeza Sen. (Prof.) Kamar, Seneta wa Kaunti ya Uasin Gishu kwa makaribisho na kututunza vizuri kwa muda was siku tano. Ilikuwa ni tajriba nzuri kwa sisi ambao tunahudumia Seneti kwa mara ya kwanza, kwa sababu tumepata fursa ya kuonana na wananchi wengine wa Kenya ambao labda hatungeweza kuwaona katika kazi zetu za kawaida. Sio wengi wanaopata fursa kuja hapa kulitembelea Bunge la Seneti. Kwa hivyo, safari zetu katika eneo la Eldoret zisiwe za mwisho. Tutembelee kaunti zingine. Kama Seneta wa Mombasa, ninachukua fursa hii kuwaalika Mombasa. Wakati wowote mkiwa tayari tutawapokea. Mwisho, tumesoma mambo mengi ambayo yanafanyika katika sehemu tofauti. Kwa mfano, tuliweza kusikiza petition ya wakaazi wa Kericho kuhusiana na ile ardhi ambayo ilichukuliwa na multinationals hapo nyuma. Tatizo hili liko katika Kaunti jirani ya Nandi na pia kaunti nyingi zina matatizo kama haya. Kwa hivyo, haya ni mambo ambayo lazima Bunge la Seneti likae, tuyatatue haraka ili wananchi wawe na matumaini kwamba sisi twaweza kuyatatua matatizo ya nchi ya Kenya. Asante Bw. Spika. Mungu akubariki.

Mr. Speaker, Sir, I also rise to support. As Senate, we had a wonderful week with “Senate Mashinani ”. It should be replicated over time so that we move around to different parts of this country. Some of us who had probably not spent as much time in that area of the county were able to interact and learn a lot of new things, in addition to taking mursik, every day for the whole week. In addition, it was a pleasure to hear from petitioners on some petitions that we have in the Committee on Justice, Legal Affairs and Human Rights. They were very passionate. These were the petitioners on the ownership of land by multinationals. They were from Kericho and Bomet Counties. We witnessed how passionate they were. They looked up to us to help resolve the issues. This shows how important the Senate is in the era of devolution. With the Senate Committee on Justice, Legal and Affairs and Human Rights, I visited the Eldoret GK Prison. We were quite surprised by the eloquence of prisoners as they stated their challenges. I was shocked to learn that it takes years before they are tried and that is unacceptable. As we continue with prison reforms, that was firsthand insight to us as Senate. I believe we will become better legislators back in the House, having interacted with the locals and having taken devolution to the people. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I thank you for the opportunity. I would like to join my colleagues in hailing you and the entire leadership of the Senate for the very well-thought decision of going to Uasin Gishu last week. I also join my colleagues in thanking our host Senator, Prof. Margaret Kamar, for the wonderful way she hosted us together with the entire county government of Uasin Gishu. Going to Uasin Gishu County was a game changer. People are now looking at devolution differently and the Senate in a totally different manner. It was not only a game changer but also a wakeup call. We must make it a tradition that we do not just go for sessions and committee meetings. We must set aside a day to visit projects so that we get to know what respective county governments have done. We should know whether there are any flagship projects. It was a wakeup call because some governors are already panicking because there are no projects to show Members of this Senate when we visit. It was a wakeup call and people will now start initiating serious projects. That must be part of the programme in every county we will be visiting. We must endeavour to visit at least three counties in a year but we can do better than that. I think we also aroused the national Government---

I will add you one minute to conclude.

One minute will allow me to make a very important point. Mr. Speaker, Sir, you will realise that maize farmers had many meetings with many leaders but the moment the ad hoc Committee led by Sen. Wetangula and Sen. (Prof.) Kamar met them, because of the fury that was exhibited in that meeting, the Government has now acted and the farmers will be paid. So, it benefited the farmers of Eldoret. I thank you.

Mr. Speaker, Sir, thank you so much, for giving this time to join my colleagues in congratulating you for the opportunity to have our sittings outside Nairobi. I also thank Sen. (Prof.) Kamar for allowing us to be in her county. The comfort we got was overwhelming. The implementation of the issues we raised in Uasin Gishu should be considered to enrich devolution that is wanting. A petition was presented to us when we visited Moi Teaching and Referral Hospital (MTRH) and it raised one of the key issues for the Committee on Health which had visited MTRH. When we visited MTRH, we got the people that we wanted and we were able to sort out many issues raised in the Petition, real time. We had to struggle to catch your eye. That made me to be alert in the Chamber so that I could catch your eye to be given a chance to speak. It made me happy because I remained alert and focused and that gave me all the glory that I needed. Once again, I congratulate you, Mr. Speaker, Sir, and Sen. (Prof.) Kamar for ensuring that we were okay while in Uasin Gishu.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I must say that the historic sittings outside Nairobi were very commendable. I thank the Senator The electronic version of the Senate Hansard Report is for information purposes

Sen. Wako, you are out of order!

Mr. Speaker, Sir, the Nandi chicken is so hard that it nearly killed our Senator. Ours is very soft, tasty and nice and flows down the throat to the stomach.

Senator, you are out of order! You have not done any research on that.

Order! You are not on record. Let us now have Sen. Farhiya.

Mr. Speaker, Sir, I congratulate you for leading us to Uasin Gishu County. I also congratulate Sen. (Prof.) Kamar for being a great host and for Uasin Gishu County making history by being the first county for the Senate to have a sitting in. I happened to sit in one of the meetings of the Committee on Finance and Budget. Like Sen. Mutula Kilonzo Jnr. has said, when you put ladies into leadership positions, they execute their roles very well. We had a Chief Officer (CO) in one of our plenaries discussing the issue of budgets and their cycles in the county and I was impressed by how she articulated issues. If you have the right person with the right qualifications, then they will execute their roles very well. I witnessed that in Uasin Gishu County and I thank the Governor of Uasin Gishu County for giving that lady an opportunity. She happens to be in my profession. She is a member of the Institute of Certified Public Accountants of Kenya (ICPAK). I was impressed by her. The other thing is that I also had an opportunity to attend the Committee on Health meeting in Eldoret---

Your time is up. Let us have Sen. (Dr.) Kabaka.

Mr. Speaker, Sir, thank you for giving me this opportunity to also air my views with regard to the visit in Uasin Gishu County and our experience. First, I would like to follow suit by congratulating our able Prof. Kamar, the Senator for Uasin Gishu County for the organised visits in her county. I would also like to thank all the Senators who participated. This is one of the conferences – if I may call it so – where every Senator was well represented. We thank God it all ended well. Article 1 of the Constitution is about the supremacy of the people. Indeed, the power has been devolved. This is an unprecedented occurrence since Independence. It was the first time after over 50 years of Independence The electronic version of the Senate Hansard Report is for information purposes

Sorry, your time is up, but I will add you one more minute to conclude.

Thank you, Mr. Speaker, Sir. Our visits to various project sites were a kind of warning shot to indolent governors, that any time we will be visiting them, they must be on top of things. I urge them to complete their projects on time. Our visit to evaluate projects was of great importance to all of us, including Sen. (Prof.) Kamar, the Senator for Uasin Gishu County. Next time, because of the proximity of Machakos to Nairobi City County, I am praying that we visit Machakos County.

Thank you, Mr. Speaker, Sir. I also rise to add my voice to this debate. To me, the visit was a good event. I also congratulate Sen. (Prof.) Kamar for having arranged this visit. Our greatest achievements in Uasin Gishu County was that maize farmers were paid. However, we should ask ourselves how many other Kenyan farmers are suffering. We did not have to go to Uasin Gishu County for farmers to be paid. I wish we could have pushed their payment from here. If we say that this will be our modus operandi, then we will end up dealing with very few cases in this House. I was impressed by the farmer who spoke on behalf of many Kenyan farmers. Truly, what he said was nothing new because we know maize is our staple food. Therefore, it must be given the first priority. Pastoralists who deliver their cattle to Kenya Meat Commission (KMC) in Athi River are not also paid immediately they deliver. Therefore, I would like to ask this House to identify some of these issues to push for payments for our farmers. Next time we go somewhere, let us visit one of the dispensaries and not just a referral hospital. Some of our dispensaries are in pathetic conditions. The visit was an eye opener for us to know where the money we approve here goes to. We should not be given money just for splendor and grandeur here and there. Mr. Speaker, Sir, one more minute, please.

Okay. I add you one minute to conclude.

Thank you, Mr. Speaker, Sir. I was also very impressed by the people of Uasin Gishu County. They are very united, organised and hard working. We saw many development projects in that area and I encourage them to keep it up so that they can be emulated by others. I congratulate Sen. (Prof.) Kamar, Sen. Cheruiyot and the people of Uasin Gishu County. I hope we have more and more opportunities to visit many counties. The electronic version of the Senate Hansard Report is for information purposes

Let us have Sen. Seneta followed by Sen. Nyamunga and then we conclude.

Mr. Speaker, Sir, thank you, for giving me a chance to also appreciate your office, the Secretariat, the organising Committee, the Senator for Uasin Gishu County, (Sen. (Prof.) Kamar who was our host, for making “Senate Mashinani” a success. The Committee on Education visited several polytechnics. We learnt quite a number of things; one of them was that, if counties were to empower their people with technical skills, they will develop faster. We also visited Early Childhood Development (ECD) centres. We saw great work that has been done by Uasin Gishu County in terms of developing standard ECD classes which are well designed. However, there is need to develop administration offices for ECD teachers and playgrounds for the children to make a success story. We also managed to meet farmers and there were a number of things that came up in our meetings with them. It was sad to note that many counties do not realise that agriculture is a fully devolved function.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to also add my voice in congratulating the leaders and people of Uasin Gishu County for hosting us. First of all, I would like to set the record straight. The first sitting was in Kisumu County and not Uasin Gishu County. I thank all the Senators who managed to visit Kisumu County where we attended a church service. We had a quorum 17 Senators sitting in Kisumu County. To me, that was very commendable.

Secondly, devolution is working. The devolved unit of health is actually working. Much as we had the unfortunate experience in Sen. Mutula Kilonzo Jnr.’s case, it proved to all of us that health mashinani works. Within a short time, we moved from Nandi County to Eldoret and we found all the medical staff were there waiting to receive us. One of us was treated in record time and discharged. That was commendable. I thank the people, doctors and the medical fraternity in Nandi County. Lastly, our visit was of great use to all of us because we managed to cut across neighbouring counties like Nandi, Elgeyo-Marakwet---

Hon. Members, let us consult in low tones.

Mr. Speaker, Sir, I am making very important contribution. It gave us an opportunity to visiting many neighbouring counties. It was a good visit. We learnt a lot from Uasin Gishu County and the Governor. The fact that he moves together with his people --- The electronic version of the Senate Hansard Report is for information purposes

Hon. Members, I have another Communication to make. As you may be aware, Kenya will be hosting a high level conference on the Sustainable Blue Economy from 26th to 28th November, 2018 in Nairobi. The Blue Economy is a new frontier for development as we move to tap into the productive capacity of our water resources and empower communities in a sustainable way and build our economy. In preparation for the said conference, the Ministry of Foreign Affairs has requested to have a meeting to appraise hon. Senators on the state of preparations for the said conference and deliberate on areas of collaboration with the Senate. The meeting is scheduled to be held tomorrow, Wednesday, 3rd October, 2018 at 7.30 a.m. in the Senate Chamber. It will be preceded by breakfast, which will be served in the Members’ Restaurant, Parliament Buildings. Hon. Senators, in this regard, I take this opportunity to invite and urge all hon. Senators to plan for and attend this important meeting. I thank you. Next Order.

Mr. Speaker, Sir, pursuant to Standing Order No.48, I rise to seek a Statement from the Standing Committee on Education on the award of scholarships by the Ministry of Education to Kenyan students studying outside the country in undergraduate and postgraduate levels. In the Statement the Committee should: 1) State the number and type of scholarships that have been granted by the Ministry of Education to students for the last five years, indicating the area of study and county of origin of the beneficiaries. 2) Explain the method and criteria used in the award of the scholarships. 3) Provide a schedule indicating the names of the students that have benefited from the scholarships, completed their studies and returned to the country in the same period. I thank you.

Mr. Speaker, Sir, on the same Statement, this is an area where parts of this country have not benefited. It is better that we get a very clear understanding of what goes on at the Ministry of Education. This is because we hear of scholarships, but do not know how they are given. Unfortunately, some areas have not been benefiting at all.

Thank you, Mr. Speaker, Sir, for this opportunity. I agree with the Senator who has sought this Statement. It is true that people are normally given The electronic version of the Senate Hansard Report is for information purposes

Next Order.

We defer the Division to next time.

On a point of order, Mr. Speaker, Sir. You have not ordered the Committee on Education to give me the Statement and the period they will take.

The Committee will provide the Statement.

That is also deferred.

Let us have the Chairperson of the Committee on Justice, Legal Affairs and Human Rights.

Mr. Speaker, Sir, I beg to move: The electronic version of the Senate Hansard Report is for information purposes

Members, let us consult in low tones. We are discussing a very important Bill.

Mr. Speaker, Sir, coincidentally, they are all Members of the Committee on Justice, Legal Affairs and Human Rights, led by the Senate Minority Leader, Sen. Orengo, the Attorney-General Emeritus, Sen. Wako and the newly-wed in town, Sen. Kang'ata. I do not know whether he is experiencing new excitements in the marital bliss and that is what he is sharing with colleagues.

Proceed, Sen. Cherargei. The electronic version of the Senate Hansard Report is for information purposes

Maybe he is getting tips on how to proceed in some of those issues from the most experienced, Sen. Orengo and Sen. Wako.

For instance, in July, 2014 a Member of the Missouri House of Representatives filed articles of impeachment against Governor J. Nixon, who was a Democrat, for ordering Missouri’s Department of Revenue to accept joint tax returns filed by same-sex couples who had been legally married in other states. The Missouri Constitution prohibits the state from recognising same-sex marriage. It is not a criminal activity as such, but rather morality and professional conduct. It is a political trial process and that is essentially what we have done. Mr. Speaker, Sir, this behooves the question: What is an impeachment? The Senate considered the report of the special committee investigating the proposed removal from office of the current Governor of Kericho County, Prof. Paul Chepkwony, who is serving the second term. The Senate in Philippines adopted the approval of the exposition of Sen. Miriam Defensor Santiago, who in her key note address at a workshop said- “An impeachment trial is a unique process because it is hybrid. It is both quasi -judicial and quasi political.” Mr. Speaker, Sir, as I indicated, these are quasi- judicial and political powers. It is neither a civil nor a criminal case. A criminal case is designed to punish an offender and to seek retribution. In contrast, impeachment is the first step in a process that tries to remedy a wrong in governance. Mr. Speaker, Sir, this is an issue of governance. We are trying to improve the standards, ability and collective responsibility of public office holders. It has been said that the purpose of impeachment is not personal punishment but rather to maintain a constitutional Government through the removal of unfit officials from position of public trust. In the first generation of devolution through the impeachment of Gov. Martin Wambora, Gov. Paul Chepkwony and the late Governor of Nyeri County, Kenyan courts have grown on the specific jurisdiction that it is a sui generis process that is quasi- judicial in nature and the rules of natural justice and fair administration action must be observed. I commend the Committee on Justice, Legal Affairs and Human Rights for bringing this Bill to the House. During the first generation of impeachment of governors after the promulgation of the Constitution in 2010 and the subsequent elections in 2013, people could rush to court and before the matter is heard in the impeachment procedure, there were injunctions in place. Therefore, the purpose of impeachment is not to apportion culpability, criminal or otherwise. However, it is to ensure that the people of a county are governed in a manner consistent with the Constitution and laws of Kenya. Impeachment, therefore, ensures accountability, political governance as well as policy and political responsibility. That is why, I assure the Council of Governors (CoG) and the 47 county chiefs that the Bill is not The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof) Kindiki): Thank you.

Mr. Deputy Speaker, Sir, the impeachment proceedings commence when a Member of National Assembly submits a Motion in the prescribed form. I know that as my colleagues go through the Bill, they will see that the Bill has provided for that in the Schedule. I know that this is where most people are asking how the process starts. The Constitution tried to provide an elaborate process. Section 2 states: “(2) The Clerk of the National Assembly shall confirm that the proposed motion— The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof) Kindiki): Order, Senator. Are you making this law for particular people?

No, Mr. Deputy Speaker, Sir. I was just using a comparative analysis to advise the people who want to become running mates or to vie for the presidency that they should read the law so that when we want to impeach you in future-- -. I know some of my friends who want to become running mates and there are others who want to vie for the presidency in this House. You should, therefore, get advice so that you can be ahead of others, who have not been Senators. We are praying for those people who want to become running mates. We are, therefore, making these laws to enrich the Constitution---.

(Sen. (Prof) Kindiki): They appear to be very many.

Mr. Deputy Speaker, Sir, of course, they are many. I know them all by name.

However, before the Holy Spirit guides them, we will mention them when that time comes and in an appropriate forum. Allow me to move to the part on the removal of a Cabinet Secretary. Those who are in the winning team and are looking forward to be Cabinet Secretaries should pay attention so as to know where they can fall even as they prepare for 2022. A Motion in the prescribed form will be prepared by a Member of the National Assembly asking the President to dismiss a Cabinet Secretary. I am not accusing Members of the National Assembly of anything but if the allegations are anything to go by, and if they were focused on their work of oversighting the national Government Cabinet Secretaries, then not less than half of the Cabinet as it is constituted should have gone home for many issues. We hear allegations of the Members of the National Assembly receiving Kshs10,000 in public toilets and some of them have admitted before- --.

(Sen. (Prof.) Kindiki): Order. Would it make a difference if the toilet was private? You seem to be saying that the allegations are committed in public toilets.

Mr. Deputy Speaker, Sir, it is within the precincts of Parliament. I do not know if the toilets that are in National Assembly and the Senate are public or The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senator. For purposes of your argument, the classification of the toilet is irrelevant.

Mr. Deputy Speaker, Sir, these are some of the issues that are in the public domain. I am telling Kenyans what the Members of the National Assembly should be doing in order to impeach the Cabinet Secretary vis-a-vis what they are allegedly doing. The Clerk of the National Assembly will forward the Motion to the Speaker of the National Assembly upon confirming that the Motion complies with the law. The Speaker of the National Assembly will examine the Motion, and if it complies with the procedure, the Member intending to move the Motion will be notified within three days. You will realize that we are trying to reduce the timelines so as not to create space for monkey business. If you create more time in African countries or anywhere across the world, there can be monkey business and some issues can come up. Therefore, by reducing the timelines, we want to reduce the anxiety of the Cabinet Secretary and the nation. If we do not give timelines, the office holder might delay the process of discharging his or her mandate. The Member will then move the Motion, and if it will be supported by at least one-third of all the Members, the National Assembly will be required to appoint a select committee to investigate and report to the National Assembly within ten days. The Speaker has been given the power to investigate within ten days after the Motion is supported by one-third. If the select committee finds allegations, no further proceedings are to be undertaken. The National Assembly will be required to vote. If the allegations are substantiated, the resolution requires the Cabinet Secretary to be dismissed. Clause 11(a) and (b) states that: “Pursuant to Article 152(10) of the Constitution, if a resolution under section 10(b)(ii) is supported by a majority of the members of the National Assembly – (a) the Speaker shall promptly deliver the resolution to the President; and (b) the President shall dismiss the Cabinet Secretary.” Therefore, you will realize that before this gets to the President, in respect to the principle of national justice, we have ensured that the Cabinet Secretary can appear before the Senate Committee during the investigations to defend themselves or choose not to if they wish, such that it will be very easy when it gets to the point where the National Assembly is concluding the removal. Finally, Part Four is on the removal of a county governor and deputy governor. We want to ensure that the business of the Senate is not to impeach or remove a county governor or deputy governor. We are trying to put in place the law that will ensure seamless, transparency and accountability such that the office-holders will behave and conduct themselves in the manner that befits a serious State officer or an office holder. We have looked at Article 181 of the Constitution and Section 13 of the County Governments Act in line with this. In the first generation of devolution, you will find that The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): I do not know, Senator.

Mr. Deputy Speaker, Sir, they are so powerful because of the resources they control. They run their own governments. They have resources at their disposal. In fact, I experienced the wrath of the first Governor of Nandi County when I was attacked by goons. Some of them are dangerous. They can ensure that you do not see the light of day. Some speakers may decide to disappear and not to be seen to approve the Motion. We are saying that if they fail to do so within seven days, then that Motion will be deemed to have been approved. If they try to do their chicken or monkey business so that they do not approve the Motion, it will not change anything because within the seven days stipulated in this Bill, that Motion will be deemed to have been approved. This is also meant to protect the Mover of the Motion. We need to protect the MCA who is moving the Motion on the Floor of a county assembly. As I said, we have set 14 days as the timeline within which the impeachment of the President, the Deputy President, the Cabinet Secretary, the Governor, the Deputy Governor and the County Executive Committee Member can commence. The law provides that a governor be served with a copy of the Motion and other documents and, be accorded an opportunity to appear before MCAs to be heard. This is a new development because for the first time, the governor will be given an opportunity to appear before the MCAs. Currently, I am happy that we do not have governors who suffer from inferiority complex. However, the Council of Governors (CoG) might see this as infringing on their rights. If they do not wish to appear before the MCAs, so be it. However, if they respect the law and the spirit of devolution, they will have no choice. They must appear before the MCAs so that they can also be heard in accordance with the principles of natural justice. If the County Assembly by two-thirds majority approves impeachment of the governor and then proceeds to the Senate, the Speaker of the County Assembly shall submit the notice of Motion and any other necessary documentation to the Senate within three days. It further says here that: “Within 10 days of receiving the resolution of the County Assembly, the Speaker of the Senate will be required to convene a meeting of the Senate to hear the charges against the governor”. In this regard, the Senate may investigate the matter with or without the involvement of a special Committee. This Senate has done it before and the process is almost similar. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order. Sen. Cherargei, why are you turning yourself to be IEBC? You already know who will run for what office from one corner to the other of the country. How is that possible?

Mr. Deputy Speaker, Sir, it is my prayers. In the African context, we do not expect the worst, but always the best. As a prophet of hope and being prayerful, I can see the future. I can even tell your - Mr. Deputy Speaker, Sir - future from where I sit. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senator! Are you a fortune teller or something?

Mr. Deputy Speaker, Sir, you cannot say that in our African context. If you say I am a fortune teller, that is a distortion of westerners. There is a specific name which is provided.

(Sen. (Prof.) Kindiki): Which is?

Mr. Deputy Speaker, Sir, these are prophets of hope and the future. I was with Sen. Madzayo and Sen. Mutula Kilonzo Jnr., when we were having the sweet chicken in Nandi County. Sen. Mutula Kilonzo Jnr. can attest to that fact that the chicken in Nandi is the best followed by the chicken from Busia, Kakamega and many other counties.

(Sen. (Prof.) Kindiki): Is that as a result of a scientific study?

There is a scientific study after---

(Sen. (Prof.) Kindiki): Or it is in the same trend of fortune telling?

No, it is scientific. I have witnesses. These are Sen. Stewart Madzayo, Sen. Rose Nyamunga and Sen. Mutula Kilonzo Jnr., because they know its sweetness.

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

(Sen. (Prof.) Kindiki): What is it Senator Wako?

Mr. Deputy Speaker, Sir, is the hon. Senator in order to say that Sen. Mutula Kilonzo Jnr., knows the sweetness while we know that Sen. Mutula Kilonzo Jnr. did not know the sweetness but the bitterness of the chicken which almost killed him?

(Sen. (Prof.) Kindiki): Sen. Cherargei, are you misleading us? Did Sen. Mutula Kilonzo Jnr., enjoy the chicken in Nandi? He did not!

Mr. Deputy Speaker, Sir, I was there. There are many witnesses. He really enjoyed it. Although we ate within a short time, Sen. Mutula Kilonzo Jnr., enjoyed. He even made a comment about it and even Sen. Madzayo can attest to it. The problem is that we ate within a short time. There is a song entitled; “It is short and sweet”. So, you can understand that it was very sweet. I can say that because Sen. Mutula Kilonzo Jnr. accepted.

(Sen. (Prof.) Kindiki): Okay, hon. Senators. Let us abandon the chicken story. Let us come back to the Bill.

Mr. Deputy Speaker, Sir, before I move to the final part in the interest of time and also to give my colleagues time to comment and add their Solomonic thoughts to this Bill, the aspect of ensuring the process of impeaching a governor is within the procedure. I thank my Committee Members. In the process, we want to create the procedure and ensure that the process is done within the law and the aspect. On Part IV of the Bill, which is the final part, miscellaneous provisions have been provided for - removal of the County Executive Committee (CEC) Member. It The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. Mutula Kilonzo Jnr, I hope you will not revisit the chicken matter, which was used unnecessarily by the Mover. ( Laughter)

Mr. Deputy Speaker, Sir, I will not. I do not think that it is something that we want to discuss in the sort of detail that Sen. Cherargei wants to.

(Sen. (Prof.) Kindiki): He seems to have an interest, especially in the chicken.

Yes, Mr. Deputy Speaker, Sir. It was a bitter-sweet experience. I rise to support the Impeachment Procedure Bill, 2018. During public hearings, there are those who thought and said that there is no reason to have a procedure in a separate Act to impeach the President and the Deputy President. This is because Articles 144, 145 and 150, in their own view, appear to be absolutely foolproof. Therefore, they were of the view that it is possible that this Bill might derogate from the principles in the Constitution. Mr. Deputy Speaker, Sir, that decision will be left to the Senate to decide. However, we still think that the framework of impeachment of the President, Deputy President, Governor, County Executive Committee Member and Cabinet Secretary ought to be in one law like this, for whatever reason. You are a teacher of Law and there is repetition. This is the sort of repetition that is not tautologous ; that is the word. If I was a student I would get good marks. Mr. Deputy Speaker, Sir, you and I were here in the last Parliament and we ran into headwinds in the impeachment of governors. In fact, in the impeachment of Deputy Governor Kiala an issue arose; whether we can actually impeach a deputy governor, because it is not provided for in the Constitution. We had to make a law, through Mr. Kiala’s impeachment, that the impeachment of a deputy governor, applies mutatismutandis with the impeachment of a governor. We have removed those ambiguities by providing for the impeachment of a governor. Mr. Deputy Speaker, Sir, your friend, Judge Mabea, ruled that you cannot impeach a county executive, and he gave reasons for that. We have in this Bill, through the Committee on Justice, Legal Affairs and Human Rights, provided a method for the impeachment of a county executive. This is because the county executive, just like anybody else, is answerable to the governor and ultimately to the people who have put the governor in office. That is why the procedure is elaborate. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): How many lives does he have?

Only one, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): So, the nine lives are alleged?

Yes, Mr. Deputy Speaker, Sir. It is the proverbial cat. You know the challenges that we had in the impeachment of Gov. Wambora. The matter went on all the way to the Supreme Court and they sought an advisory opinion. The Supreme Court, in its wisdom said that when you impeach an elected representative of the people, like the governor, you must have public participation. This law provides for how that public participation on impeachment will be done. Mr. Deputy Speaker, Sir, Article 152 of the Constitution talks about the impeachment of Cabinet Secretaries. The Chairperson of the Committee on Justice, Legal Affairs and Human Rights, Sen. Cherargei, appeared to say that, in fact, if our Members and colleagues in the National Assembly had taken Article 152 seriously, we would possibly have impeached two Cabinet Secretaries by now. Why have they not been impeached? We do not want to impute improper motive, but it is in the public domain that some people ended up with Kshs10,000 in their pockets. It would have been much better if this law was in place so that we can have a proper process of impeaching a Cabinet Secretary if they befoul the Constitution. Mr. Deputy Speaker, Sir, a question has arisen, just like in the case of the late Gov. Gachagua – may his soul rest in eternal peace - and it will arise, assuming that the Governor of Migori is to be impeached. Now that the Governor is incarcerated, can somebody move a motion to impeach him, when they are unable to serve him? That arose during the case of the late Gov. Gachagua, where his lawyer, Mr. Wanyama, went with a letter and said: “This is a notice of appointment by Gov. Gachagua; you are at liberty to serve me.” The County Assembly said: “No! We do not know who you are; we will serve Gov. Gachagua.” Mr. Deputy Speaker, Sir, an issue arose again on what constitutes evidence for purposes of impeachment. Was Gov. Wambora served with the evidence that would lead to his impeachment? I will surprise you. Your friend, the Governor of Makueni’s impeachment proceedings are still pending in court to date. Those are the questions that we have attempted, as the Committee on Justice, Legal Affairs and Human Rights, to address here. An issue arose in the case of Gov. Mwangi wa Iria. You were here and remember how we quarreled as to whether the court should issue an injunction.

(Sen. (Prof.) Kindiki): Who did you quarrel with?

Amongst ourselves, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): You need to be clear.

Mr. Deputy Speaker, Sir, at the time, both in Gov. (Prof.) Kibwana’s and Gov. Mwangi wa Iria’s cases, the Speaker was called upon to The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): I think he is applying the legal- political scale of balancing.

I wish he was using the fortune-telling one when I was wining and dining with him.

(Sen. (Prof.) Kindiki): You are on the “chicken” again?

I thought you promised to avoid the “chicken” bit.

I will avoid it. Mr. Deputy Speaker, Sir, the possibility of impeachment of a president and a deputy president is in the Constitution. Since you are also a teacher of law and you know, The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order Senator! Are you imputing improper motives on our colleague? You should not use words like “took off” but instead use words like “retreated”.

We would have benefited from his Motion to impeach a Cabinet Secretary because since the advent of this new Constitution, we have not had the benefit of watching a full process. I heard the Majority Leader of the National Assembly saying that Members of the National Assembly do not understand the impeachment process under Article 152 of the Constitution and that they are using it as a method of arm-twisting Cabinet Secretaries into positions that they want in their favour. I do not want to quote the Women Representative of Kiambu County but that appears to have been a motivation. This law should put in place a process where under Article 153 we will put Cabinet Secretaries to task. We lost an opportunity during the “Sugargate” process--- Even now as we sit here, we do not know whether the sugar that Kenyans consume has mercury or not because we as Parliament failed in our duties, under Article 152, to put to task the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you Sen. Mutula Kilonzo Jnr. Sen. Cherargei, I hope you have taken note and your Committee will perhaps look deeper into some of the issues that have been raised by the Seconder of this Motion. I think we dealt with this at length during the previous term. We dealt with the issue of gross violation of the Constitution, which is also repeated in Paragraph (c) of Article 181. Therefore, there must be some threshold and that kind of thing that causes outrage. In my view, it is a violation whose implication is to cause outrage that the Constitution has been defiled. It is not just violating or breaking the law. Those are important suggestions, including the issue of plenary being the default mechanism as opposed to the select committee. These are experiences that the House should build on, so that the law does not just do the nuts and bolts and leaves out the emerging practices, experiences and jurisprudence. Order Senators, I will now propose the question.

Proceed, Sen. Wako.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to speak on this very important Bill. I commend the Committee on Justice, Legal Affairs and Human Rights, of which I am the father, in particular, of the Chairman---

(Sen. (Prof.) Kindiki): Order, Sen. Wako. What role have you assigned yourself to in that Committee? What did you say you were in that Committee?

I am the father of the Chairman. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): You are the father of the Chairman, the Committee or of both?

Mr. Deputy Speaker, Sir, of the Chairman and Sen. Mutula Kilonzo Jnr.

(Sen. (Prof.) Kindiki): All right. Let me not pursue it further than that. You need to be clear.

Mr. Deputy Speaker, Sir, I regard the Chairman and Sen. Mutula Kilonzo Jnr. and other Members as my children in law. In other words, they are my juniors.

(Sen. (Prof.) Kindiki): That is clearer and it is not contested. You may proceed.

Thank you, Mr. Deputy Speaker, Sir. This is an important Bill, which I am glad is being passed now. The very serious powers of impeachment have been conferred to the Senate under our Constitution. In fact, Article 145 is very clear that, we, the Senate, the “upper house” and the House of elders should be entrusted the exercise of this very grave powers to impeach a President, and under the County Governments Act, to impeach a governor. Of course, when it comes to Cabinet Secretaries, (CS’s), this is done by the relevant committee of the National Assembly. However, for the impeachment of the governor and the President, it is upon us to exercise that grave power. Mr. Deputy Speaker, Sir, you were the Majority Leader in the previous Senate. I am sure you noticed that when we first impeached a governor, there were a number of people who were saying that the threshold for impeachment had not been met. In other words, they felt that whatever allegations there were against the governor at that time - let me use the words of the Constitution – “such as gross misconduct or gross violation of the constitution and other Kenyan laws.” These words are not only under our Constitution, but also our laws. Not everything can be provided for in law. Therefore, it leaves us now, to whom the powers have been given, to determine what is gross violation of the Constitution, not just a mere violation of the Constitution, but a gross violation. This must be more than a mere violation of the Constitution. What is gross misconduct? This is something that must be more than just misconduct. Mr. Deputy Speaker, Sir, we also noticed from the experience of the last Senate that if we permitted, as we did, interventions by the courts at all times, then there were those who boasted outside these chambers that: “Nothing will happen to me, I will be governor until the next general election.” We saw that prophesy being fulfilled in the case of one governor who boasted that he would remain governor until the next general election. He remained governor until the next general election and was cleared by the Independent Electoral and Boundaries Commission (IEBC). He campaigned and won. The process has begun again, going from court to court. I believe the matter is now at the The electronic version of the Senate Hansard Report is for information purposes

Thank you.

Thank you. Mr. Deputy Speaker, Sir. It is not easy to speak after the former Attorney General Emeritus of the Republic, but I will try my best to make my contribution. I would like to congratulate the Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights for bringing this Bill. As I contribute, it is with a mixed bag of observations that I support this Bill because it is in our mandate to legislate, to give effect to broad articles of the Constitution, provide framework, actualize and operationalize some of these broad laws. The Senate has acted in good faith to ensure that we have legislation that gives guidance and provides steps to be followed in matters as grave as impeachment of a President, Deputy President, governors, Cabinet Secretaries and County Executive Committee members (CECs). So, in that respect, I support this because, a country is only as strong as the institutions, systems and processes it has in place. Otherwise, it would be dependent on the whims of anybody that wishes to misuse some of the powers they may have. Mr. Deputy Speaker, Sir, this is a timely Bill that gives effect to articles 145 and181, and many others with regard to impeachment and vacation of office of some of The electronic version of the Senate Hansard Report is for information purposes

Asante, Mhe. Naibu Spika kwa kunipa fursa hii kueleza maoni yangu juu ya Mswada huu. Kwanza, nampa heko ndugu yetu, Sen. Cherargei kwa kuleta Mswada huu mbele ya Bunge la Seneti. Imemchukua muda mwingi wa kutafakari na kuona umuhimu sisi kuwa na sheria hii. Kama mwanasheria nasema ya kwamba kusimamisha mfanyikazi wa Serikali tukianzia Rais, Naibu wake, Makatibu wa Kudumu, Baraza la Mawaziri, gavana anayetawala kaunti aliyochaguliwa na wale wanaochaguliwa na gavana kufanya kazi na yeye kama vile County Executive Committee (CECs)

ni lazima kuwe na mashtaka ambayo yanaweza kuwa na uzito fulani. Tunajua kuwa CECs katika kaunti zetu wanajiita mawaziri. Sijui ni kwa sababu gani hatujaweza kuchukua hatua kwa jambo kama hili. Tukienda katika mikutano mbalimbali, hawa hujiita mawaziri. Sisi tunajua Waziri ni yule anayechaguliwa na mhe. Rais wa Jamhuri ya Kenya. Mhe. Naibu Spika, kando na hayo, tunajua kuwa mashtaka au madai ya kuweza kumwondoa kiongozi kutoka mamlaka kama hayo niliyotaja ni lazima kuwe na mashtaka ambayo yanaweza kuwa na uzito fulani. Mswada huu ni muhimu sana kwa sababu katika Bunge lililopita mimi nilikuwa mmoja wa Maseneta ambao tulijishughulisha na mashtaka dhidi ya kumwachishwa kazi kwa Gavana wa wa Kaunti ya Murang’a, mhe. Mwangi wa Iria. Hatimaye hatukuweza kufaulu kwa sababu alikimbia kortini. Korti ikatoa uamuzi wa kusimamisha Bunge kufanya kazi yake juu ya gavana huyo. Sisi Wabunge tuliochaguliwa tukiwa na majukumu kama haya, sheria hii ni mwafaka sana kwa wakati huu. Tunajua kumekuwa na viongozi ambao wamekuwa wakizembea kazi baada ya kupewa nyadhifa na kimbilio lao kubwa limekuwa kortini. Tunasema Mswada huu uwezekufafanua vyema kwamba kukiwa na shughuli za The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Asante. Let us have Sen. (Dr.) Musuruve.

Thank you, Mr. Deputy Speaker, Sir for giving me an opportunity to add my voice to this important Bill that affects us. One of our mandates as is to protect the interests of the county governments and devolution. I commend Sen. Cherargei for this Bill that is affecting very important people in this country. When we talk about prudent management of the national and county resources, we must have good laws in place. Mr. Deputy Speaker, Sir, on the issue of procedure, I am not a lawyer by profession. However, I feel that my thoughts are very important---.

(Sen. (Prof.) Kindiki): You are lawyer by what?

You are just not a lawyer. Period! Is that not so? You cannot say you are not a lawyer by profession? You are a lawyer by what? Just say you are not a lawyer.

Thank you, Mr. Deputy Speaker, Sir. I am not a lawyer, but an educationist. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senator! It is a Bill.

Thank you very much, Mr. Deputy Speaker, Sir, for the correction.

(Sen. (Prof.) Kindiki): Nonetheless, you support.

Mr. Deputy Speaker, Sir. I support. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you. I saw that you needed assistance to wind up. The next one is the Senator for Bungoma, Sen. Wetangula.

Thank you, Mr. Deputy Speaker, Sir. I was going to start, if given a chance, to correct my distinguished sister that this is a Bill and not a Motion. Motion and Bill are not used interchangeably; they are different.

(Sen. (Prof.) Kindiki): What is it, Sen. (Dr.) Musuruve?

On a point of order, Mr. Deputy Speaker, Sir. I want to make it very clear that it is a Bill. It was a slip of the tongue. Thank you very much for the correction. I appreciate it, but I think it needs to end there.

(Sen. (Prof.) Kindiki): Very well. Sen. (Dr.) Musuruve, take it lightly; it is not an adversarial process. Incidentally, in one way or the other, both of you are right. It is a Bill, but the way a Bill is processed, it is through a Motion. You move a Motion to introduce a Bill for debate. It is a Motion to debate a Bill.

Mr. Deputy Speaker, Sir, I did not, in any way, mean to slight my distinguished colleague. It was just for the record because people will read what we say here many years down the line. The moment she has made the correction, the HANSARD will similarly be corrected. Everywhere she said “Motion” will read “Bill.” Mr. Deputy Speaker, Sir, I also stand to support this Bill. This Bill comes late in the day. It is one of the Bills that, probably, we should have legislated in the rundown to the first elections under the Constitution, 2010. Indeed, in the last Parliament, we grappled with several scenarios and situations of impeachment of governors. It was quite clear that in the process of impeaching those governors at the assembly level, some of the constitutional provisos were not strictly followed. You may recall that the Governor for Kericho was brought to this House, having been impeached by his assembly on the basis of signing a Memorandum of Understanding (MoU.) I did argue and still believe that I was right that an MoU is a document of comfort. It does not confer rights, responsibilities or commitments of any nature. It does not lead to any financial expenditure. Therefore, this Bill sets to clear the exuberance of members, sometimes, baying for one’s blood and wanting to impeach because it is important for them to teach somebody a lesson or for various inexplicable reasons. Equally important is the fact that a person who has been elected by universal suffrage to be removed from office--- Although they are representatives of the people, it is unlikely that the people who elected them are party to the process. Somebody can be vindictive, malicious, cheeky and vexatious and bring a motion of impeachment. In the process, if it is not properly defined in law, we might have the Jesus-type trial being meted on people. It went from the Sanhedrin and down to King Herod, who eventually asked the crowd whether to release robbers or Jesus. The crowd was ready to live with their robbers and have an innocent man hanged. Mr. Deputy Speaker, Sir, this Bill is clear because it does not say anything new about impeachment. It is simply lifting the provisions of the Constitution and putting them in the Bill. It then provides for a process in terms of timelines and who does what and where. It is, indeed, important that although the President has been elected by The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senator. What do you mean by ‘bungled’ impeachment? Who bungled what and where?

Mr. Deputy Speaker, Sir, you and I take responsibility because we were the leaders of the House. We opted to go the Committee way and many people, including this Chamber and around the country, were not satisfied with the outcome of the proceedings of the Committee. In fact, if you remember, the Senator for Murang’a County, who was then the Deputy Speaker, had very unkind words to say on the Floor of the House on the outcome of the process. The provisions of the law and the Standing Orders do not vest any powers in the House to overturn the decision of the Committee. That led to very acrimonious exchanges. As a senior lawyer, I read very painstaking charges leveled against the Governor of Murang’a County and the evidence adduced. I was not satisfied that the verdict of the Committee was correct. However, we live with it because it was a Committee of the House. The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, I thank you for giving me the opportunity to support this Bill. I sit in the Committee on Justice, Legal Affairs and Human Rights. We have deliberated on this Bill over a lot of issues that have been raised by the Members. It is a very timely Bill, given that the last term of parliament was the first under the new Constitution and with new institutions. As such, many of the issues that came up regarding impeachments were probably in earnest just being experienced and put into practice. Now, we have realised where the gaps are. We are trying to seal them. The offices under this Impeachment Bill; that of the President and Deputy President, Cabinet Secretaries, Governors and Deputy Governors as well as CECs are important offices with important mandates. It is important that we have a standardized process where we know what is expected. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker, for allowing me to add my voice to this important Bill. I congratulate Sen. Cherargei for bringing this legislation to this august House. I support this Bill because where we are as a nation, we seriously need such Bills to safeguard the offices that we have. I have gone through it and seen that it has been well designed and the Bill takes care of both the people and also the Executive. I say this because when you are in an office and you are impeached, it does not mean that the people that have been mandated to do that are removing you from office. President Clinton was impeached one time but he continued to serve. So, the fact that you will be exposed or you will go through that, does not mean that you will be removed from office. I support this because it has been well designed. It is always good to have checks and balances in place. As I said, the speed at which our nation is moving, where we have all these counties and different people coming into power with different characters and different way of administration, we need to have such a Bill in place so that in case of anything, then the common man or citizen can be well protected. When people hold such big offices and especially when we talk of the President or Deputy President being impeached, people might think that this is a serious thing which can never be achieved. However, having this Bill in place confirms that there is no one who is above the law. Madam Temporary Speaker, the Bill provides for the accused individual the right to appear before the panel. This gives an opportunity to the person to defend himself. When that happens, we can clearly see that there will be no malice and bias in the procedure. The accused individual will be given an opportunity to appear before the Committee. To me, if we did not have that clause, then I would have said we have a gap that needs to be filled. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kamar): Let us have Sen. (Dr.) Milgo.

Thank you, Madam Temporary Speaker for giving me the opportunity to also speak to this Bill. I thank the Senate Committee on Justice, Legal Affairs and Human Rights led by their able Chairperson, Sen. Cherargei for this wonderful Bill. Once we pass this Bill, it will serve as a cure to the many ills in the counties and national Government. Right now, in our country, we have many Government officers being accused of abuse of office, corruption, gross misconduct or violation of the law. Without a clear law, those officers will continue to perpetuate impunity in our country. However, this law will enable the concerned officers to carry out their activities according to the law. In case they mess up, they will face the law. Madam Temporary Speaker, I support this Bill because, for the first time, the Executive will be forced to perform according to their expectations and give the electorate or those who put them in various offices value for their money. There are complaints regarding the various levels of Government and this happens because of lack of a law to ensure officers are answerable. Madam Temporary Speaker, for the first time, this Bill sets up various committees at various levels, which is applicable to each category of officers. I imagine that this committee will conduct thorough investigation before advising the actual body that will carry out the final impeachment. Madam Temporary Speaker, as some of my colleagues have noted, this Bill will also spell out the timelines to dispense of a particular case. There are cases that have been reported at various levels. In the past, we have had people being taken to court and their cases have stuck for many years. Justice delayed is justice denied. I imagine that with these timelines, the various levels of Government will know that it is no longer business as usual. The electronic version of the Senate Hansard Report is for information purposes

Sen. (Prof) Kamar): Thank you, Senator. Hon. Senators, I see no further requests so I would like to request the Mover to reply.

Thank you, Madam Temporary Speaker. I congratulate you for hosting us very well in Uasin Gishu County during the Inaugural Sitting of the Senate outside Nairobi County. We thank you for your meticulous arrangements. Our sittings last week went very well. I know the great people of Uasin Gishu County, the entire North Rift and the country at large will able to celebrate and appreciate the role of the Senate. This is so that we do not see tired agendas, strategies, aims and schemes to remove the Senate which some of our colleagues in the National Assembly are trying to engage themselves in. Secondly, I thank my colleagues. I have listened and heard what they have said, their opinions, proposals and ideas on how we can refine and fine-tune the Bill to the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kamar): If you have not finished, Sen. Cherargei, you can still do so, tomorrow because you have 16 minutes remaining.

Thank you, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Hon. Senators, it is now 6.30 p.m. It is time for interruption of the business of the Senate. The House, therefore, stands adjourned until tomorrow Wednesday, 3rd October, 2018 at 2.30 p.m. The Senate rose at 6.33 p.m. The electronic version of the Senate Hansard Report is for information purposes