Clerk, do we have quorum?

I am informed that we do have the quorum. Kindly, proceed to call the first Order.

Clerk, can you confirm that we have both parties in the House? If they are not in, kindly usher them in, so that we can start the hearing.

I am now informed that both parties are present. Now, before we begin the hearing this afternoon, this is to the parties; you note that the hearing programme is pretty packed. Therefore, we need to keep time. We need to keep time in terms of coming into the Chamber. If you are allocated time within which to do an activity, then please restrict yourself to the minutes you have been given to undertake that particular activity.

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Looking at the hearing programme for the afternoon sitting, we are now supposed to hear the evidence by the County Assembly. The County Assembly will proceed to give their evidence-in-chief by calling the respective witnesses. Those witnesses will be cross-examined by the Governor’s team. Thereafter, if need be, they will be re-examined. After that is done, the Senators will have an opportunity to seek clarifications from the witness before that witness is stood down. We will proceed in that manner. County Assembly, it is now you turn to proceed.

Mr. Speaker, Sir and hon. Senators, the County Assembly is ready with the first witness. His name is Arimi Paul Mwaki. He will be examined by my learned friend, Mr. Mari Maranya.

Kindly usher in the witness.

Thank you, Mr. Speaker, Sir. Being mindful of time, kindly allow me to start. The witness to introduce himself for the record.

Clerk, let the witness take an oath.

Mr. Paul Mwaki Arimi, kindly introduce yourself for purposes of the record.

Mr. Speaker, Sir and distinguished Senators, my name is Paul Mwaki Arimi.

Did you record a statement in respect to the matter before the Senate today?

Yes, I did.

Where is that copy of your statement found?

It is from Page 48 to 51 of Volume One.

What do you do for a living?

Hon. Senators, the witness has a statement that is in your bundles. Apart from the physical booklets that you are holding, your iPads also contain the soft copy.

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Counsel, you will refer to the bundle where that statement is so that you aid the Senators to move there.

Mr. Speaker, Sir, I will constantly be referring to two documents – Volume one, the green booklet and Volume two, which is written at the bottom. Mr. Arimi, your statement is found in which page?

Volume one, Page 48 to 51 of Volume one.

Mr. Speaker, Sir, I believe we are now together. What do you do for a living?

Currently, I am the Chief Executive Officer (CEO) Meru County Alcoholic Drinks Control Board.

For how long have you served as the CEO of the Liquor Board?

I started serving as CEO from January, 2018 and I am supposed to be still serving.

Very well. Who is your employer and whom do you report to on daily basis?

Mr. Speaker, Sir, my employer is the Board.

Please explain to this honourable House what happened on 6th September, 2022 in respect to your employment.

On 6th September, I was called together with my colleagues who head other corporations and we got served with a compulsory leave letter.

You were served with who else?

I and other colleagues who were heading the other corporations.

Were they all corporations in Meru County or a few of them and how many were you?

Mr. Speaker, Sir, those who received letters on 6th September were three.

Were you the fourth one?

There was a previous one, which was issued on 29th August to my colleague, Dr. Ntoiti who was the head of Meru County Revenue Board.

When was the Governor of Meru sworn in in office?

The Governor was sworn in on 25th of August.

When was her first day in office?

I am not certain of the day she started working, but my colleague Dr. Ntoiti was served barely a weekend after the Governor was inaugurated.

You have said barely a weekend after the Governor was inaugurated?

Yes, Mr. Speaker, Sir.

This is to indicate that Dr. Ntoiti was served the first day the Governor took office. Is that your evidence?

That is true.

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Prior to the letter sending you on compulsory leave, had you had prior interactions with the Governor?

Not at all.

You have made reference to your letter sending you on compulsory leave. For purposes of the proceedings, guide the honourable Senate on where the same can be found?

Those letters can be found in Volume Two, from page 336 to 339.

Mr. Speaker, Sir, I am making reference to the big booklet written Volume two at the bottom. What was to happen to your institution once you were sent on compulsory leave and who was to man the institutions?

Immediately we were sent on indefinite compulsory leave, other persons were appointed in acting capacity.

Were those formally appointed?

They were appointed from the Office of the Governor.

Is there a formal appointment letter to that respect.

Yes, Mr. Speaker, Sir.

Where are those formal letters appointing your representatives found?

Those letters are found on pages 340 to 342 of Volume 2.

Upon receiving the letters that sent you on compulsory leave, did you make any attempt to establish the cause, the charge or the reason as to why that happened, a day or a few days into assuming office by the Governor?

Mr. Speaker, Sir, we interrogated the letter and we found it genuine. We then made several efforts to be reinstated back to our offices since we were sent home unprocedurally.

Did you have any audience with the Governor over the subject matter?

We had audience with the Governor and the County Secretary on the same matter.

What did the County Secretary say?

He told us that we could not be reinstated because he was acting on instructions of the Governor.

Did you sit down with the Governor over the same?

We did not get an opportunity to sit with the Governor on the same, but the County Secretary gave us the instructions.

After you were unable to meet the Governor and the County Secretary indicated that he had instructions from the Governor not to allow you back, what action did you take?

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Mr. Speaker, Sir, after all these efforts failed, we made an application to court to seek redress and reinstatement through the court.

Does that mean that you filed a matter in court?

Yes, Mr. Speaker, Sir. We filed a matter in Court.

Who were the petitioners in the matter?

The petitioners were myself, the Managing Director, Meru Revenue Board, Dr. John Ntoiti, Mr. Joseph Mberia, the Executive Officer (CEO), Meru Water and Sanitation Services and Mr. Kimathi, the Head of Meru Microfinance Corporation.

This means you filed as first to fourth petitioners.

Yes, Mr. Speaker, Sir.

What did the court rule in respect to your matter?

The court issued stay or conservatory orders, reinstating us back to office.

The court ruled that you be reinstated back to the office. What else did the court rule?

The court further ruled that those who were in acting capacity in our place, be removed from office or be issued with letters cancelling their appointment in acting capacity.

Therefore, it is your evidence that the court ruled that you be returned back to work and letters of appointment of your predecessor be revoked. Is that so?

It is true, Mr. Speaker, Sir.

Did you annex that particular court order in your statement?

Yes, Mr. Speaker, Sir.

Where can the same be found?

The court order can be found on volume two, page 416.

According to your evidence, it contains two prayers. One of reinstatement and the other one of revocation. Please confirm.

Mr. Speaker, Sir, I confirm.

Did you serve the Governor and the County Secretary?

Yes, they were duly served.

How did you confirm to this hon. House that you duly served the Governor and the County Secretary that particular court order?

Through a notice of service.

Upon service, was the same court order obeyed?

The court orders were disobeyed.

Please explain to the Senate how the same order was disobeyed.

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Mr. Speaker, Sir, upon the court issuing orders, a meeting was convened at a place called Mitugu by the Governor. In the meeting, the first gentleman threatened to organize people to flush us out of office, in case we went to that court order to report back to the office.

Who threatened against disobedience of court order?

The first gentleman is the one who threatened to mobilize people to come and evict us.

Was the Governor present in that particular meeting?

The Governor was present in that meeting.

Do you have any evidence to that particular meeting you are making reference to?

The evidence is in a video form.

Mr. Speaker, Sir, with your leave, we can play to the Senate the video in support of contempt of court. Mr. Speaker, Sir, this is the video in support of Count five.

In that video, did you hear the first gentleman mention the petitioners?

Yes. Mr. Speaker, Sir. He has mentioned Mberia and my colleague, Dr. Ntoiti.

Would you also wish that evidence of a video be part of your examination- in-chief?

Yes, Mr. Speaker, Sir.

Did you report back to the office in compliance with the court order?

In compliance with the court order, we reported back to office. The threat was actualized and we were chased out of office ruthlessly.

What do you mean by being chased out of the office ruthlessly?

There were organized people who evicted us from offices.

So, you were physically evicted from the office?

We were physically evicted from the office and the precincts of the offices.

The second limb of the court order talked of the Governor revoking the appointment of those acting in your capacity. Were those appointments revoked?

The appointments of those who were in acting in our place were never revoked.

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That is your statement. That is to mean that they are still acting as CEOs in your establishments?

Up to now, all those letters have not been revoked.

Are those CEOs still in office in your respective offices?

Since they were in acting capacity, upon us obtaining contempt of court orders, we have been able to get back to the office and some of them have been reappointed back under different capacity.

You have jumped the gun. What happened after the court order was disobeyed when you were evicted from the office? What action did you take?

Mr. Speaker, Sir, we made an effort and applied for contempt of court orders.

Has the court pronounced itself on the contempt of court?

The court pronounced itself and convicted the Governor and the County Secretary and one more person of contempt of court.

Sorry, repeat the last bit.

The Governor was cited for contempt of court.

Do you have that particular order or a ruling to that effect, citing the Governor for contempt of court?

Yes, Mr. Speaker, Sir.

Where can it be established, for quick reference?

From page 418 of volume two.

Let us start with the ruling. Where is the ruling found?

The ruling is found on page 418.

From page 418 to what page?

The ruling is found on page 418 to page 439.

On which page is the particular order citing the Governor for contempt?

It is found on page 440 and 441.

On which volume?

Volume two.

According to those two court documents, was the Governor found guilty of contempt of a court order?

Yes, the Governor was found guilty of contempt of court.

Was she punished accordingly?

The court scheduled a date for punishment, and the County Secretary appeared in court to show cause why they should not be punished.

Did the County Secretary on behalf appeared to demonstrate why they should not be punished?

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Mr. Speaker, Sir, he did appear.

What happened after appearing?

The Governor was ordered to reinstate us back to office under supervision of the County Secretary.

Would you recall when the County Secretary was instructed to take you back to the office?

I recall, Mr. Mr. Speaker, Sir.

When was that?

That is on 23rd of September.

What happened to the punishment in respect to contempt of court? Was it administered at that time?

The court has rescheduled the punishment to today. So, the County Secretary can go back and prove whether they really honored the court orders.

It is your evidence that the court punishment was scheduled for today.

The punishment is scheduled for today.

You may not tell what happened.

Yes, I may not tell the outcome.

In all this saga, were your respective boards notified of the proceeding of what is happening? You said the management of the corporation is through the boards. Were they notified of what has been happening?

They were not, Mr. Speaker, Sir.

Sorry.

They were not.

Your letter of sending on compulsory leave talks of reason being to reorganise the Board.

Yes, Mr. Speaker, Sir.

Have you ever been called upon for re- organization of the Board for the last one year, as the Chief Executive Officer (CEO)?

No, Mr. Speaker, Sir.

You have never been called upon?

Yes.

Does the Governor have power over re- organization of matters in respect to independent corporations?

The semi-autonomous Government agencies, like our corporations, are supposed to be reorganised by the Boards.

For the entire period of one year that you have been away until only 14 days ago when you resumed your office as CEO, were you getting your salaries?

Yes, Mr. Speaker, Sir.

Sorry.

Yes, I was earning my salaries while at home.

You were earning your salaries while at home?

Yes, Mr. Speaker, Sir.

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Did the court order provide that you be paid your salaries? Did it address the question of you being paid your salaries while away for a whole year?

No, Mr. Speaker, Sir.

What stated that you be paid your salaries for the entire period that you would be away?

The compulsory leave letter, which came from the Office of the Governor, is the one that indicated we should be entitled to full pay and all benefits while we are at home indefinitely.

Therefore, the compulsory leave stated that you would be paid your full salary while you are at home?

Yes, Mr. Speaker, Sir.

Were you paid your full salary while at home?

Indeed, we were paid.

For the entire period?

For the entire period.

Do you have evidence to the effect that you continued being paid salaries while you were not working?

Yes, Mr. Speaker, Sir.

Where are the copies? For ease of reference, again, where are they found?

Volume two, Page No.33 to 41.

To this extent, today, have you ever known the reason as to why you were sent on compulsory leave by the Governor and the County Secretary?

It has never been communicated to anyone of us the reason for compulsory leave, Mr. Speaker, Sir.

None of you has ever known why you were sent on compulsory leave?

Yes, Mr. Speaker, Sir.

You said that only 40 days ago, the Governor complied with the court order and reinstated you back to your office, alongside the acting CEO. That was your evidence.

It is true.

In your opinion, why do you think the Governor was able to comply with a court order, a year after the initial order was granted?

Mr. Speaker, Sir, the governor may have complied because she had been found to be in contempt of court and her punishment was about to happen. The next thing---

Therefore, it is your evidence that she was fearing the looming sentence or punishment by the court?

Yes, Mr. Speaker, Sir. The other thing was there was an impending Motion of Impeachment a day to the day we were escorted back to office. That was a ground.

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According to you, again in your opinion, who do you think is to blame for you being illegally sent on compulsory leave?

I would lay the blame on the Governor herself.

Why do you say so? What is the foundation of your opinion?

The County Secretary indicated that the letters were instructions from the Governor.

He indicated that he was acting on instructions of the Governor?

Yes, Mr. Speaker, Sir.

Has the Governor to date revoked the appointment of the persons meant to replace you?

No, Mr. Speaker, Sir.

Are they in the office?

They handed over and then they were given other mandate. However, the letters which appointed them to that office have not been revoked.

Are they within the establishment for the last two weeks that we have been in the office?

Yes, Mr. Speaker, Sir.

The Governor argues that she was ordered by the court to pay you a salary. What is your opinion? What is your take on that?

I do not agree with that, Mr. Speaker, Sir.

Why do you not agree?

It is because the issue of payment of our salaries while we are not working is in the compulsory leave letter which originated from the Governor's office.

Did that court order in particular address the question of payment of salaries?

The court order addressed reinstatement and the revocation of appointment letters of those officers who were acting.

I want to pen over that point.

Mr. Speaker, Sir, I will subject the witness to cross- examination.

Counsel for the Governor, proceed.

Thank you, Mr. Speaker, Sir. It is my singular pleasure to take on this witness in cross-examination. My name is Elisha Ongoya. Allow me to start from where the witness has ended. Mr. Paul Mwaki Arimi, is it your testimony before this distinguished Senators, that the court did not order that you be paid salaries?

Yes, Mr. Speaker, Sir.

Thank you. May I have the witness’s attention drawn to the index of annexures to the Governor's response, in particular at Page No.402.

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Counsel, refer to those bundles in terms of volumes for ease of reference.

My apologies, Mr. Speaker, Sir. The Governor just filed three documents. One called a response and one called index of annexures to the response; and then we have the transcript of videos. So, it is just three documents.

Very well.

I am referring to Page No.402 of the biggest volume in blue. Mr. Paul Mwaki Arimi, are we there?

Yes, Mr. Speaker, Sir. I am there.

Please, confirm to these Senators that, that is a court order.

I can confirm, Mr. Speaker, Sir.

Please, confirm to these hon. Senators that what you are seeing there is a court order.

I am seeing a court order, Mr. Speaker, Sir.

The second applicant or claimant in that order, is Paul Mwaki Arimi. True or not true?

True, Mr. Speaker, Sir.

That Paul Mwaki Arimi is you, the Assembly's witness number one, before this Senate.

Yes, Mr. Speaker, Sir.

Let us turn over to the next page, Page No.403 of that document. Confirm for the record that this is a continuation of that court order that began at Page No.402.

Confirmed, Mr. Speaker, Sir.

Please, confirm and I read, Order Six reads as follows- “That finally, Dr. Atheru is directed to file sufficient evidence in court within seven days to show that all the petitioners salary have been paid from May, 2022 to date.” Please confirm that is what it says.

Confirmed.

Are you among the petitioners for whom that order is being made?

Yes, Mr. Speaker, Sir.

In addition, that order relates to salary.

Yes, Mr. Speaker, Sir.

Dr. Atheru has to confirm to court that he has paid your salary.

Yes, Mr. Speaker, Sir.

It is this salary that you are telling these Senators was not paid pursuant to a court order.

I did not indicate that salary was not paid, Mr. Speaker, Sir.

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It is the one you said that the payment was not pursuant to a court order, it was pursuant to the compulsory leave letter. Do you remember that indication?

I will not agree with that because there are two court orders. The court order---

I did not talk about how many court orders. I have just said I am looking at a court order referring to a salary. Are we communicating?

Yes, I agree.

However, you have also told these distinguished Senators that your salary was not paid pursuant to a court order; it was paid pursuant to the letter sending you on compulsory leave. Do you remember saying that?

I do not remember saying that. This one was---

I am happy with that. The record will bear me out.

Excuse me Mr. Speaker, Sir, I want to---

My apologies I have finished my question and I am moving to the next. Kindly save my time. We have only four hours to finish with your case.

Okay.

Mr. Speaker, Sir, allow me to pick the second limb of argument. May I request the video in support of count five that was played here, be played.

Kindly stop the video there. I wanted the clip to remain visible so that the witness can identify something in the clip. My apologies. Kindly pause the video. I may have had a slip of tongue. Kindly play and pause the video---

Counsel, I hope you are not assuming that I am in that video?

My apologies Mr. Speaker, Sir. It was a complete slip of the tongue. I could not even remember saying it. My deepest apologies.

Mr. Speaker, Sir, sadly I do not even know who is playing it so I cannot look at him or her. I am just looking at the screen. May I have the video replayed?

Witness, who is that standing behind the person speaking?

Mr. Speaker, Sir, that is the face of the Deputy Governor of Meru County Government.

That is the Deputy Governor Meru county Government behind the person speaking? True or not?

True.

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This video was played - and I urge it to be re-played. Have you seen the Governor in that video?

I do not see the Governor there.

Okay you spoke when your microphone was off. I want the record to capture you. I shall ask the question again.

Yes.

Have you seen the Governor in that clip from the beginning to the end?

Up to where the clip ends, I have not seen the Governor.

This clip was presented here by your team, so we do not know whether there is a further continuation of that clip. Are you suggesting it continues beyond where it has reached?

Mr. Speaker, Sri, it can continue. I am suggesting you can continue.

Let me get a precise answer to my question. Have you seen the Governor in the whole of that clip?

I said no.

Your case before this Senate is that the Governor should be held responsible for the utterances of that gentleman who is speaking?

Exactly, Mr. Speaker, Sir.

I am happy. I now understand what your case is. I want you to look at volume one of the County Assembly documents, page seven.

Yes

Confirm for the record that it says---

Page?

Page seven, Volume one of the County Assembly documents. The page starts with a paragraph numbered C.

Yes, I can see it.

The grievance in that paragraph is paying full salary and benefits for more than a year to Dr. Ntoiti, Paul Mwaki Arimi and Mr. Kenneth Kimathi Mbae. My question to you is this: Is this the same salary we have seen in the order of court at page 403 of the Governor’s documents?

It is the same salary.

Are you complaining for having been paid this salary?

Yes. I am complaining for having been paid this salary without offering services to the tax payers’ of Meru County.

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Order! Serjeant-at-Arms, kindly go up there in the Speaker’s Gallery and tell the members of public that the only thing we need from them are their ears and eyes, nothing more.

Mr. Speaker, Sir, may I proceed?

Yes, counsel. You may proceed.

Thank you, Mr. Speaker, Sir. When were you paid this salary? When did you see it in your account?

Normally, salaries get into our accounts at the end of the month.

I just want the record to be clear on when this was. Say “end of September or end of October” so that the record is clear.

Mr. Speaker, Sir, as per the attached pay slips.

Mr. Speaker, Sir, may I kindly get the witness to answer my question so that I can make progress. When were you paid this salary? The end of which month?

Mr. Speaker, Sir, at the end of every month from the time we were sent on compulsory leave, but not on the same date.

When did this cash land in your account? When did you see this money in your account, that you had been paid?

It was not on regular dates because it is paid on monthly basis. It is not paid in lump sum.

When was the first time you were paid this salary?

Immediately we were sent home we received the salary. That was end of September, 2022.

Have you made any efforts to return this money to the County Government since you were aggrieved by the payment?

Mr. Speaker, Sir, I am not supposed to do so.

I have asked: Have you made any efforts to return this money to the County Government?

I have not.

Let me clarify something for the record of this Senate. It is true that Mr. Maranya; advocate appearing before you here today is your advocate in that court case. True or not true?

True, Mr. Speaker, Sir.

Thank you. That matter came up in court today. True or not true?

Mr. Speaker, Sir, I am not sure, but it was supposed to come up today for---

That matter was supposed to come up today in court at Meru County.

I am not sure whether it came up or not.

Was it supposed to come up today at the Employment and Labour Relations Court in Meru County? True or not true? The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

It is true

Has your advocate briefed you on whether or not as a matter of fact, it came up?

No, Mr. Speaker, Sir.

Very well. We can leave it at that. When were you sent on compulsory leave?

Mr. Speaker, Sir, I was sent on compulsory leave together with two others on 6th September, 2022.

When did the court give the conservatory order in Petition No.1 of 2022 in Meru?

The conservatory orders were issued on 7th October, 2022.

Was that before or after the Governor’s first impeachment or removal proceedings before this House?

It was before the first impeachment Motion was tabled.

This was before the first impeachment proceedings before this House?

Yes Mr. Speaker, Sir.

Did you make this grievance part of that impeachment process?

Mr. Speaker, Sir, it did not come to this place so we did not make it part of it.

I do not understand your answer. Did you suggest that it did not come to the Senate?

We did not make it part for the grounds of impeachment.

You did not make that grievance part of the first impeachment process?

Yes, Mr. Speaker, Sir.

It is that ground that arose well before the first impeachment that is being made part of this current impeachment.

Yes, Mr. Speaker, Sir.

Thank you. Allow me to briefly take you to page 336 to 339---

Volume?

Volume two of the County Assembly documents.

Yes, I am there.

Is that letter authored by the Governor?

No.

Is it copied to the Governor?

No.

Let us look at a document on page 337. Is that letter authored by the Governor?

It is not authored by the Governor.

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I am on volume two of the County Assembly’s documents. May I describe it as the big green volume. We are now at page 337. I will repeat the question for the benefit of the distinguished Members who have not seen the document. Is that letter authored by the Governor?

No.

Is it copied to the Governor?

No.

Let us look at page 339. Is that letter authored by the Governor?

My apologies, Senator. We are on page 338.

No.

Is it copied to the Governor?

No.

Correct if I got you wrong, you have said that the author of this letter was acting on the instructions of the Governor. Did I get you right?

You got me right.

The body of that letter has only three sentences. This is on page 336. Which of the three sentences – you can use first, second, or third – says that the author was acting on the instructions of the Governor?

None.

If I got you right, the evidence of the compulsory leave letters is to be found on pages 336 to which page?

Up to page 338.

Which of those letters is addressed to you?

The one addressed to me is not attached, but this is a sample. All the letters had the same information except our names only.

To save time, are you saying that of all the letters presented to this Senate to support that point, none is addressed to you, the witness on the stand? Am I saying the truth?

Yes.

When you were employed in the County Government of Meru, was your employment letter under the hand of the Governor?

The Governor gazetted me.

Was the Gazette Notice under the hand of the Governor?

Of course, it is the Governor who gazettes.

I have asked you a simple question. Not ‘of course it is’. I am asking what it was. Are we communicating?

Yes.

Was the Gazette Notice under the hand of the Governor?

I just know there was a Gazette Notice and do not know whose hand---

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Mr. Speaker, Sir, my question is not ambiguous. I would rather the witness be ordered to answer my question.

Yes, it is the Governor.

Have you presented that Gazette Notice anywhere in the documents you have given to this Senate?

No, Mr. Speaker, Sir.

Does the Governor prepare the payroll for your payment to your knowledge?

No, Mr. Speaker, Sir.

Let me get this right. It is that person; who is not responsible for your name in the payroll, did not author these letters on pages 336 to 338, was not copied in these letters from pages 336 to 338, and did not speak in the meeting you have shown us on that clip that you want this Senate to impeach. Am I getting your case, right?

Correct.

Thank you. Allow me to refer you to yet another document. The ruling of the Employment and Labour Relations Court in Meru County. For ease of time, I want us to go to page 436 of volume two of the County Assembly’s documents.

Yes, I am on page 436.

For the record, I want you to confirm that this is a part of the ruling of the Employment and Labour Relations Court at Meru County.

I confirm.

I want us to read paragraph 34 so that you confirm I am reading it correctly, for the sake of HANSARD. “In view of the matters and findings made herein above, it is clear that all the three thresholds for contempt of court have been proved by evidence and to the required standard. Consequently, I must cite the respondents for contempt for disobeying the order issued by Marete J. on 7th October, 2022.” Confirm that after that the Order says that the County Secretary, Mr. Ruphus Miriti, is the head of the County Public Service and is the one who wrote the compulsory leave letters. Therefore, he was the proper person to ensure that the court orders were complied with by ensuring that the applicants were allowed back to their offices and that all their salaries were duly paid. Am I reading it correctly?

Correct

For completeness of record, confirm that the court is referring to that your salaries be fully paid.

Reinstated and fully paid.

The court ruling is talking about ensuring your salaries are duly paid.

Confirmed.

Therefore, it is not correct to say that your salaries were not paid according to a court order?

What you are saying is not correct.

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If I said that your salaries were not paid pursuant to a court order, I would not be speaking the truth?

You would be lying.

I will be lying? Therefore, when you told this Senate that your salaries were not paid pursuant to a court order, you equally were lying.

I am not lying.

The court ruling in paragraph 34 identifies by name and office the person who was responsible for ensuring the court orders were complied with. Does it?

Yes, it identifies.

Whose name is it?

The name of the person and their office, the County Secretary---

No, I want you to give me the name.

Rufus Miriti.

What is the office?

The County Secretary.

That person is not facing impeachment before this Senate. Is he?

Exactly.

Is that person facing impeachment in this Senate?

No.

Whom did the court summon to attend court and purge the contempt?

The court invited the County Secretary.

By name?

Dr. Kiambi Atheru.

Is that person before this Senate facing impeachment?

No.

Let us go to page 438 of volume two of the County Assembly’s document in particular, paragraph 37(b).

I am there.

Is that the paragraph summoning Rufus Miriti or his successor in title?

Yes.

That title will be the title of County Secretary, true or not true?

True.

Is any of those people, either Rufus Miriti or his successor before this Senate for impeachment?

No.

Did I hear you say that the Governor appeared in court?

I did not say that.

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I just wanted clarification. If you did not say that I am happy with it. Did I hear you say that you got audience with the Governor over your compulsory leave matter?

Yes, I said through the County Secretary.

Did you get audience with the Governor?

Through the County Secretary.

I want to get this right. The County has an officer called the County Governor. True or not true?

Yes, we did.

The County has another officer called the County Secretary. True or not true?

Yes, Mr. Speaker, Sir,

I am asking about the first officer, the County Governor. Did I hear you say you got audience with that person?

We sought audience through the County Secretary.

Did you get it?

We did not get to the Office of the Governor directly.

You never spoke to the Governor over this matter directly?

Instead we spoke to the County Secretary.

You never spoke directly to the County Governor over this matter?

Yes.

In the course of the proceedings in Meru Employment and Labour Relations Court, Petition No.1/2022, you once filled an application to have Mr. Murega Baichu made a party to those proceedings. Do you remember that?

Yes, we did.

You filed to have Mr. Murega Baichu made a party because you believed he must be held personally responsible for his own actions or words?

Yes.

Before this Senate, you believe the Governor is now the one to be held responsible for the words of Mr. Murega Baichu?

Yes, I believe.

I am happy with that. That is all in my cross examination of this witness.

Counsel for the County Assembly, any re- examination?

Yes, Mr. Speaker, Sir and it will be dealt by my colleague, Mr. Eric Muriuki.

Mr. Speaker, Sir, my name is Erick Muriuki. I am an advocate of the High Court. I shall conduct the re-examination. Mr. Paul Mwaki, you were referred to two orders. The first order is the order that is dated 7th October, 2022.

Yes, you referred me to that.

Have you seen that order?

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I know it.

That is the order on page 440 of volume two. Is that order different from the order on page 402 of the Governor’s documents?

Yes, Mr. Speaker, Sir, they are different.

On page 402 of the Governor’s index of documents, at the top of that order, where does the story of payment of salaries come in?

It comes under item number one.

What is the heading of where that is explained?

It says that all the salaries have been paid.

No, what is the title?

The title is “In open court via TIMS on the 19th October, 2023 before the Hon. Justice Onesmus N. Makau.

Confirm that the issue of salary is brought in as an explanation or a way of mitigation for the respondents to avoid being punished for contempt of court.

I do confirm.

You were asked about the person seen on the video that was played. Who were the respondents in the contempt of court application? Was he one of them?

He was not one of them.

Who were the respondents for the benefit of this august House? Quickly state their names.

There is the Governor, the County Public Service Board and the County Secretary.

The Deputy Governor is not a respondent in that contempt of court application?

He is not.

He was not convicted for contempt?

He was not.

I want you to look at the payslip on page 35 of the volume two of the Assembly’s documents. What is the date?

The date is---

Just a minute. What is the date of the stamp on those payslips?

The date on the stamp is 26th April, 2023.

The order that you were referred to on page 402 of the Governor’s documents is issued on what date?

Let me confirm. The order is issued on 19th October, 2023.

Do you confirm that before that order which has been referred to and which has been put to you was the cause of your payment, you were receiving your salary?

Yes, I confirm.

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You were asked whether you have made effort to refund the monies that you have paid.

I was.

What was your response?

That we did not make any effort to refund the monies.

Why did you not make that effort? Whose fault was it that you were not providing the services that you were being paid for?

The Governor is the one who obstructed us and made sure we are not able to go back and work.

You were asked whether the Governor authored your letters of suspension.

Yes, I was.

I want to refer you to page 339 of our volume two.

Yes, I am on page 339.

Can you read for us what is written? That is a post made by the Governor on her Facebook page.

Yes, Mr. Speaker, Sir, I can read- “Hon. Kawira Mwangaza’s press release- I have this afternoon made some changes in the Meru County Revenue Board to ensure efficient service delivery to Meru people. In this regard, I have appointed Mr. Francis Mungai, as the General Manager for Meru County Revenue Board replacing Mr. John Ntoiti and Frida Kagwira as the Director replacing Mr. Erick Kagwae. I have also ordered- (i) The Board to release all items that had been confiscated by the former regime-- -”

That is enough. So, on that press release, who is taking responsibility for the decision to make these changes in the semi-autonomous county organisation?

Mr. Chairman, Sir, it is Governor Kawira Mwangaza.

Thank you. When you look at the letters that you are referring to on pages 336 to 339, who does the letter say has made a decision? It is fairly a short letter; just read it.

Mr. Speaker, Sir, it says that the decision---

Just read the body of the letter

Mr. Speaker, Sir, page 336, volume two, this is to notify you that the government---

Please, pause. That, who?

The government has decided.

The government has decided. To your knowledge, who heads the county government?

Mr. Speaker, Sir, it is the Governor

In particular, what about the Meru County Government?

Mr. Speaker, Sir, the Governor.

What is the name of the Governor?

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Mr. Speaker, Sir, Governor Kawira Mwangaza.

I thank you. I want you to look at page 340 of our volume two.

Yes, I am there.

Can you see the letter there?

Yes, I can see the letter.

Who is it addressed to?

Mr. Speaker, Sir, it is addressed to Mr. Tony Kirima.

Whose position is this letter referring to?

Can you repeat the question?

Whose position is this in the legal board is this letter referring to?

Mr. Speaker, Sir, it is referring to the position that I was holding, which I still hold.

The position you are occupying?

Yes, Mr. Chairman, Sir.

Thank you. You will also confirm that from the court order on page 416 of volume two of the Assembly’s document--- Are you there?

Yes, I am there.

Who are the claimants?

Mr. Speaker, Sir, the claimants are Mr. Joseph Beria, Mr. Paul Mwaki Arimi, Dr. John Ntoiti, Mr. Kenneth Kimathu Mai--

Which one are you among those?

Mr. Speaker, Sir, I am Mr. Paul Mwaki Arimi.

Thank you. I will still take you to that order on page 416. Where does it talk about increment of your salaries?

Mr. Speaker, Sir, it does not talk about salaries.

So, the order that is dated 7th October, 2022, does not talk about salaries?

Yes, Mr. Speaker, Sir.

Let us go to the content of the court ruling and order that is now coming in a year later. Let us go straight to the order on page 440. This court order is coming in respect of the previous order.

Mr. Speaker, Sir, it is coming concerning the order of 7th October, 2022.

That is in paragraph four, thank you. The order on page 440 in paragraph five. Can you read the first line?

That the respondent be cited for contempt of court and be committed to civil jail for a term of six months until they purge the contempt and comply with the orders of this honourable court issued on the 7th of October, 2022.

Can you confirm that it refers to the respondent(s), plural?

Mr. Speaker, Sir, yes, I do.

Who are the respondents in that order, as you can see it?

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Mr. Speaker, Sir, it is the County Secretary, County Government of Meru; Meru County Public Service Board, and the Governor of the County Government of Meru.

So, you confirm that there is a conviction against the Governor of the County Government of Meru based on that order?

Mr. Speaker, Sir, yes, I do.

I will again take you to the ruling on page 437 of volume two.

Yes, I am there.

At the bottom, the sentence that starts with “However,” Can you please read it and then read it on the next page?

However, before passing a sentence against the respondents, the respondents are invited to attend this court through the County Secretary, Mr. Rufus Miriti or his successor in title to show cause why the court should not punish them for disobeying the court orders issued on 7th of October, 2022.

So, it is your testimony that the respondents are invited through the County Secretary or rather, the County Secretary is invited on behalf of all the respondents.

Yes, Mr. Speaker, Sir I confirm that.

On paragraph (a) page 438, what does it say? just paragraph (a) the first sentence?

The respondents are hereby cited for contempt of this court’s order issued on 7th October, 2022 by failing to allow the applicants back to their offices---

Thank you. So, you will confirm that these orders issued by the court through and through refer to all the respondents in that application for contempt of court?

Mr. Speaker, Sir, yes, I confirm.

Thank you. Mr. Speaker, Sir, that is my examination.

Now, hon. Senators, you have an opportunity to seek clarification either from the witness or the counsel for the witness; that is the counsel for the County Assembly or, you may ask questions to the witness. Sen. Wakili Sigei, you may proceed and your question should be direct to the point. Do not give a speech.

Thank you, Mr. Speaker, Sir. I want to seek clarification from the witness or his counsel regarding the establishment of the entity board called Meru Alcoholic Control Board on two things. Paragraph one of your Affidavit refers to a semi- autonomous entity and the allegation makes no reference to the board. I would like to know whether the board is a statutory organ or it is what you have referred to as a semi- autonomous entity.

Thank you, Mr. Speaker, Sir. The Board is established through a County Assembly Act of 2014. In that case, it is backed by law.

Sen. Maanzo, please, proceed.

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Mr. Speaker, Sir, I want to ask the witness in relation to the court order by Justice Njagi. There are three and four parties ending with the County Governor. Was this court order specifically ordered against the Governor of Meru County or for all the parties appearing there, including the County Secretary?

It was ordered for all of them.

Sen. Mungatana, please, proceed.

Mr. Speaker, Sir, Rule 23 of the Third Schedule of our Standing Orders allows me to ask questions to the counsel. So, this is not to the witness. It is just a clarification. Counsel Thiankolu gave an allegory where he talked about the monarch of Russia. He said that before Nicholas I passed the execution, he asked the person who was bringing the order whether the convicted person said anything. I want a clarification from him because he said that in Russia, it seems like they cannot do even the rope properly. Suggesting that they cannot do anything properly. He then juxtaposed that allegory to the trial that was conducted by the Senate here. I was listening carefully. I want him to clarify, did he mean that the Senate was behaving like Russia, it could not do a proper job; it could not do a rope? Can he clarify? We did not take it very kindly.

Counsel, please proceed.

Mr. Speaker, Sir, what I meant in that allegory was that Kondraty Ryleyev, having miraculously escaped execution, would have saved his life by stopping the very act that they had condemned him to death in the first place; which was subversive utterances against the monarch. What I meant is that Hon. Mwangaza, having survived the first impeachment which was based on specified allegations, would have been expected to refrain from the acts and omissions that triggered that impeachment Motion, which she has not. Secondly, it would have been expected that Hon. Mwangaza’s part of the verification would not have gone belittling this House. When we get there, we will play a video for you when Hon. Mwangaza asks, ‘when they took me to the Senate, what happened? Kaende kaende.’ That is why we said this time, we urge you to repeat the execution of Hon. Mwangaza we see whether the rope will break again.

I hope that explanation is adequate to the issue raised by Sen. Mungatana. Sen. Sifuna, please proceed.

Mr. Speaker, Sir, I direct my question to counsel for the County Assembly who unfortunately is my former classmate. I want to understand the propriety of basing an impeachment proceeding on a matter that you have confirmed yourselves is still live in court. We here in the Senate are prevented from discussing matters that are live before the courts before a decision is made. What is the propriety of you basing a claim of breach of the law and misconduct on a matter that is still live before a court of law that was coming for a decision today?

Counsel, please proceed.

The question of contempt of court is not pending in court. We have a conviction, an order and a sentencing before you. As we speak, that

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order has not been set aside by a higher court. As a matter of fact, the room for challenging that order in a higher court expired a long time ago because you have only 14 days to appeal. The second answer, which is very specific to this process before you is that the Governor went to court when this Motion was tabled. She went before the High Court in Meru County in Petition No.--- I am sorry, I do not seem to recall the number. She went before Justice Cherere to stop this process on that very ground that it was sub judice . The court refused. She again returned to the court, the court refused. She went to the Court of Appeal in Nyeri County to stop the process before you claiming that impeachment cannot be based on matters that are before court. Again, the Court of Appeal refused. Lastly, when we were in the Court of Appeal, one of the questions we asked is how can a convict whose conviction has not been set aside and has been disobeying a court order for a year, be the one telling us about court orders?

Sen. Chute, please proceed.

Mr. Speaker, Sir, my question will go to the witness. Will I be wrong if I tell you that you belong to Kamiti Maximum Prison? This is because you have admitted before this House that you have been receiving money for months illegally.

You will not be telling the truth because we have made numerous efforts to be allowed back to office and serve, even through the court, but we were not allowed. The person culpable is the one paying us for service not rendered.

Sen. Osotsi, please, proceed.

Mr. Speaker, Sir, this is to the witness. Looking at the application for this case and even the ruling, the Governor is listed as respondent number three. That is after the County Secretary and the Meru County Public Service Board. Is this an admission that the Governor is not directly involved in matters of Human Resource (HR); recruitment and appointment?

It is not an admission.

Sen. Ali Roba, please proceed.

Mr. Speaker, Sir, I ask the same question, but phrased differently. Mr. Paul Mwaki Arimi is appearing as a key witness on behalf of the county assembly. He is here to give witness on what he found extremely wrong of receiving salary for work not done. He has admitted that as being wrong. If your convictions are through, should it not have bothered you enough for you to have considered refunding or refusing the acceptance that money. Accepting the money for this long and appearing as a witness to admit that, why did you not consider not accepting if you thought it was wrong?

Thank you. It is illegal to receive pay for service not rendered or work not done. As victims of this, we have sought legal redress for a full year. From last year up to now, we have been seeking to be allowed to get back to work yet we have not been terminated from work. What we have been given is a mandatory indefinite leave without any reason.

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There would be no reason for refunding money without any clear structures of how this should be done. So, we have been in court, struggling to be allowed to work. The person culpable is this one who sent us on a compulsory indefinite leave with even a rider that we will be paid for all the services while at home. It is indeed depressing.

Witness, just to be clear. You have indicated that you have been receiving these salaries on the question from the Senator?

Yes, Mr. Speaker, Sir.

You have indicated that you ought not to have received this money because it is taxpayers’ money?

Yes, Mr. Speaker, Sir.

So, the question that the Senator poses then is: Did you make any effort to either refuse or refund the money?

We did not make efforts to refund, but to get back to work.

Very well. Proceed, Sen. Okiya Omtatah.

Mr, Speaker, Sir, my question goes to Counsel for the County Assembly. On trial is the Governor of Meru and one of the grounds is contempt of court. In the evidence that you have laid before this court, are you able to point out to me specifically where the Governor is convicted of that contempt?

Mr. Speaker, Sir, if you open page 440 of our volume two, the court order as you note and has been pointed out previously; this was a case filed against the Governor together with two other officials. Every reference to the respondents in this order is a reference to the three persons, including the Governor. Therefore, the court as you find on page 441 paragraph says- “The respondents”, who we agree include the Governor, “are hereby cited for the contempt of this court order issued on 7th October, 2022 by failing to allow the applicants back to their offices.” Unless the Governor says she was not one of the respondents who are condemned here, then she is one of the people who are condemned. She does not need to be specifically mentioned when they have been found jointly and severally culpable. That is the legal language.

Proceed, Sen. Cherarkey.

Thank you, Mr. Speaker, Sir. Mine is a very quick clarification or guidance from the Counsel for the Governor. When you look under Article 183 on the functions of the County Executive, which encompasses county governor, county deputy governor, and Chief Executive Committees (CECs), I invite him to give me an interpretation of Article 183(c). Mr. Speaker, Sir, allow me to read. It says- “A county executive committee shall- (c) manage and coordinate the functions of the county administration and its department.” So, I want to get clarification and guidance from the Counsel on the part of the interpretation and the role of the county executive or the county committee member.

Counsel, did you get the question with clarity?

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Mr. Speaker, Sir, sadly, I did not get the question with clarity. If the Senator could clarify the particular aspect of Article 183 that he desires my clarification on. I will gladly do that.

Sen. Cherarkey, clarification must relate to what the Counsel handled during the cross-examination. You cannot pick something totally out of that space and seek his clarification. He should clarify what he said.

Thank you, Mr. Speaker, Sir. I needed an interpretation of Article 183(1)(c) on the role of the county executive vis-à-vis because, in cross- examination, he had indicated that the County Secretary should be the one being impeached instead of the Governor. That is why I am inviting him to clarify under Article 183(1)(c) on the functions of the county executive.

Proceed, Counsel.

Thank you, so much, Mr. Speaker, Sir. Very briefly, the government, either the national or the county level is a complex pole. Our constitutional and legal order recognizes that Government works through the agency of state and public officers. Wrongdoing in law is individual and not collective. It is in that respect that we beseech the County Assembly to give us a case that shows the individual wrongdoing of the Governor or the imputability of the acts of any other functionary in the county government to the Governor. The Governor is here on trial. You try people for their wrongdoing. That is my humble view.

Proceed, Sen. Mumma.

Thank you, Mr. Speaker, Sir. Counsel for the County Assembly, in respect of the clip that was played here, is it your view that a leader takes responsibility for the utterances of their spouse?

If it is strictly a legal question, of course, the law was changed a long time ago. Spouses do not take responsibility for the actions of the others. However, that is as far as the legalese and the splitting of hairs is concerned. The matter before you is not about criminal or civil liability in the court of law. It is about accountability and the values in our Constitution. The Governor perpetually provides the forum through which a spouse is making inflammatory utterances, that could easily lead to violence as we showed you. These functions are hosted by the Governor and on each occasion, she does not disown those statements. In the case of musical performances, we will show the Governor even dancing and enjoying the music, demonstrating to the huge crowds “ Wenye wivu wajinyonge. ” That is why when you read the Motion before you, it is not talking just about specific acts of the Governor, but also complicity and condoning. If we were in a court of law, we would call it aiding and abetting. Since it is not a court of law, we are choosing a language complicity and connivance in things. First of all, it is a program; a session held by the Governor. In a court of law and our laws on ethics and integrity, there is a provision for acting through others. In this case, we suggest to you that the Governor was acting, as was the case before when we were here, through her husband. I thank you, Mr. Speaker, Sir.

Proceed, Sen. (Dr.) Khalwale?

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Thank you, Mr. Speaker, Sir. I would like the counsel for the County Assembly to help me. I am happy to be reminded that he teaches law to our children. The country has heard and seen that the Governor of Meru County was not in that video. Her voice was not heard in that video. So, what I would like you to help me, teacher of law, is the legal high standard of fishing expedition. Would you like to stand down from that video? This is purely because your witness has confirmed to this Senate and the whole Republic that the Governor was not there and her voice was not heard. If you do not want to stand down the evidence, do you want to teach students at the university that they can edify something that lacks moral and intellectual instruction to a counsel?

Mr. Speaker Sir, I have now found the volume citing the relevant law. It is volume three of the County Assembly’s document in the answer to the question by the Hon. Sen. (Dr.) Khalwale on page 37. On page 37 of the Assembly’s volume three, we have produced Section 24 of the Public Officer Ethics Act. It is clear from that section, for purposes of compliance with Chapter Six, one can take responsibility for acting through others. In this case, we humbly submit that the Governor has been acting through her husband. Secondly, this is how you know the Governor was acting through her husband. In October, 2022, the husband is seen on the video saying this officer shall never return to office, court order or no court order. True to his utterances, the Governor ensures that they do not return for a full 365 days. While at it, in any event, I keep repeating that there is a conviction as I speak which is res judicata . That is to say, that matter is closed as the legal question because it has not been appealed to a higher court within the time required by law. So, as I speak right now, the Governor is a convict. Those are not my words. It is a court order to that effect.

Hon. Senators, we have six more witnesses to call. If you read the programme, we are supposed to stretch it to 7.00 p.m. Therefore, I will take one clarification from this side and another one here. Most of these clarifications you will pick them as we hear the witnesses. Sen. Faki?

Mr. Speaker, Sir, mine is to both the counsel for the County Assembly and the witness. There were proceedings before the High Court in Meru where the County Secretary, according to the ruling, was found guilty of contempt and the matter is still ongoing. The punishment has not been meted. Is that not subjecting the Governor to a double jeopardy because the proceedings before the court in Meru are still alive? The counsel for the Governor said earlier that they were in court this morning. Here, you want us to impeach the Governor based on the same set of facts. Is this not a double jeopardy, which in law is not allowed?

Mr. Speaker, Sir, that is a legal question. I heard it was addressed to both me and the witness. I do not know whether the witness is able to answer.

Proceed. He belongs to your side. You can answer for him.

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First of all, Mr. Speaker, Sir, it is not correct to say that the Governor is in court because she is guilty of contempt. What is in court is sentencing. The liability is settled. The only other thing that is in court is the question of purging the contempt. So, there is no question of double jeopardy. As a matter of fact, the rule of double jeopardy does not apply to proceedings of impeachment. There are several rulings by the Supreme Court. I can quote Gov. Sonko case and Gov. Martin Nyaga Wambora’s case. The rulings that impeachment is not about civil or criminal liability. It is about political accountability. It is about ethics and the type of leadership and persons we want to hold certain offices. That is why Article 181 talks about a Governor may be removed from the office on gross misconduct, which need not be a criminal or civil offence. It can be anything that attracts serious moral censure. It talks of gross violations of the Constitution or other laws. In short, the Supreme Court has already answered this question of double jeopardy. That is why even the Court of Appeal and the High Court in Meru guided by the Supreme Court refused to stop this Senate from sitting on these charges and making whatever decision it would make. This is because the courts have already confirmed it is not about legalese and splitting legal hairs, civil or criminal liability. It is the question of whether the Governor, accused of the things we are accusing her of, which will prove, is the type of Governor we want to see holding a public office within the meaning of Chapter Six of our Constitution. It is not a legal matter. Lastly, I am told if this can be let to happen, then all I need is to always avoid impeachment, which is what the Governor tried to do at the High Court and the Court of Appeal where she failed. As a Governor, to ensure Article 81 is dead, whenever I breach the Constitution, I would ensure there is a court case, like it happened in this matter, where proxies were obtained to file various suits in court so that they can come under the pretext. Mr. Speaker, Sir, in your own Standing Orders, as well as those of the County Assembly, you note that the mere fact that the matter is in court does not stop the Senate or even the National Assembly. You can take notice that as I speak, there has been a matter in Shakahola, which is in various criminal courts. However, I have seen Committees of Parliament examining the same persons who are facing, not just employment courts, but criminal courts and nothing has stopped either the Senate or the National Assembly. Consequently, even your Standing Orders give you, the Speaker, the latitude to decide whether a matter that is in court should nonetheless be deliberated upon and the decision made by Parliament, in this case the Senate, as the representative of the public conscience.

Lastly, let us hear from Sen. Veronica Maina.

Thank you, Mr Speaker, Sir. Just a clarification from the Counsel for Meru County Assembly. We have seen this judgment or is it a ruling? The one that you are relying on, on the contempt proceedings.

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Rule 37(c), I think you know where it is, talks about the respondents not having the audience of the courts until the contempt is purged. The witness has confirmed that he is now being paid and that they have been reinstated. I hope that is the correct position. Counsel, do you treat that as a purge to that contempt, now that those offenses are no longer taking place and they have been reinstated? Additionally, I know that the sentencing is awaiting before the court. If the sentencing is awaiting, would you still say the matter is not pending before court?

Mr Speaker, Sir, them being denied audience is part of the standard rules that govern contempt of court. If you are convicted like the Governor has been, you are denied audience until you purge the contempt. The Governor has, of course, attempted to purge this contempt as I speak. I use the word “attempted” because the witness told you the letters appointing his replacements have not been receded. So, as I speak, we have the witness here and his three colleagues who are the substantive office holders; and then we have the other persons who are also in acting capacity. The purging of a contempt is something in the realm of mitigation of sentence. That is why you are denied audience until you purge it. The fact that someone has purged their contempt, does not undo the conviction. The conviction still remains. Even if she purges, apologizes and recites whatever prayer about it, it will always remain in the record of the court that she was convicted and that conviction has not been set aside.

This witness examination ends at that. Now, as we prepare to usher in the second witness, pursuant to Rule 23 of the Third Schedule of the Standing Orders of the Senate, as a Speaker, I do not have that latitude to ask for any clarification or questions. However, if the integrity of the institution of the Senate is at stake, then as the Speaker, I need to guard it. Counsel for the County Assembly, your allegory, the Russian allegory, that when the man was asked to say something, he said Russia does not know how to do things and that is why he was alive. In its ordinary meaning, that statement could be understood – and, indeed, it was understood and that is why Sen. Mungatana rose to ask a question – to mean that the Senate did not do a good job in the first impeachment. Counsel for the County Assembly, I do not know whether you still want to have that allegory as part of your record or you want to take it away from the record at this juncture.

Mr. Speaker, Sir, my allegory was not a slur on the Senate. As I said, it was about a person who was lucky to escape certain fate. Instead of refraining from utterances that had placed him in that fate, he continued to do it after the rope breaks. I was clear in my allegory that even in Russia, this was understood to be an act of providence; that the man in question was lucky. It is our submission that if Gov. Kawira Mwangaza was lucky to be acquitted of certain allegations, the least anyone would expect of her is to refrain from the behaviour. Mr. Speaker, Sir, I did not mean in any way to slur the Senate. In the event that I am misunderstood as criticising the Senate decision, then I offer an unqualified apology and I am open to even the expunction of the relevant allegory. Since, it seems to have caused too many issues and I seem to have been misunderstood, I beg that it be expunged. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Kindly, usher in the second witness.

Kindly, proceed to swear in the witness.

Sir, please tell the Senate your full name and what you do for a living. That is for purposes of your identity on the record.

Thank you. Mr. Speaker, Sir, my name is Evans Mawira Kaaria. Currently, I am the Member of County Assembly (MCA) for Mitunguu Ward, that is in Imenti South Sub-county, in Meru County.

Mr. Speaker, Sir, perhaps I could beg we be given a small table where I can place my bundles. Otherwise, I will be constrained to keep picking things from the Floor.

Serjeant-at-Arms, kindly help the counsel. Make him as comfortable as you can.

Sir, as we wait for that table, can you confirm that you were the Mover of the Motion before this Senate?

I confirm.

Can you also confirm that you swore the affidavit?

I confirm.

On which page can we find your affidavit, Sir? Let me take you to page No.33 of Volume I.

The sworn affidavit is on page 33 to 36 of Volume I.

Is the signature on page 36 yours?

Yes, I confirm.

Mr. Speaker, Sir, let us go straight to the allegations you have made in this Impeachment Motion. We will begin at paragraph 10(a) of the Impeachment Motion. It is at volume one.

In that paragraph, you accuse the Governor of irregularly withdrawing county funds through her relatives. Which relatives have you mentioned?

Mr. Speaker, Sir, I have mentioned the Governor’s sister Rose Kinyua Guantai and the brother, Kenneth Guantai Murangiri. There is also Nephat Kinyua who is the brother-in-law and Henry Mutuma Murangiri who is a nephew to the governor’s spouse.

Why do you say Nephat Kinyua is the brother-in-law of the governor?

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It is in public knowledge. We have seen pictures circulating of Nephat Kinyua and the Governor’s sister Miriam Guantai displaying affection.

Have you placed any evidence before the Senate to support the allegation that the Governor’s relatives were withdrawing funds from the county government irregularly?

Yes, I have annexed all the evidence there in volume two.

Which page of volume two?

From page 1 to 29 of volume two.

Let us begin at page 17 of volume two. To the best of your knowledge, are Government agencies allowed to pay for goods not supplied or services not rendered?

Mr. Speaker, Sir, it is against the Public Finance Management (PFM) Act.

Are Government entities allowed to make advance payments from public funds?

It is not allowed.

What is this document at page 17?

It is an Integrated Financial Management Information Systems (IFMIS) extract for Vote 3562, Meru, Office of the Governor, payment details between 1st July 2022 and 7th July 2023.

Does it have items on the third column described as pre-payment.

Under the column sub-item description, we have several entries indicated as prepayment.

Does it show against several pre-payments in the next page?

Yes, it does.

Would I be right to say that most payments there are actually pre-payments?

Most of the 171 entries are pre-payments.

Are there any payments on this document shown to any of the governor’s relatives?

Yes, there are several pre-payments made to the relatives of the governor.

I will show a few for illustrative purposes. At page 20, are there payments to Nephat Kinyua somewhere below and around the middle?

Mr. Speaker, Sir, we have one.

At page 21, are there several payments payable to Rose Kinyua Guantai?

Yes. We have one at No. 66525 paid to Rose Kinyua Guantai.

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You will confirm that because we are constrained for time that we have hundreds of payments indicated as prepayments to the relatives of the governor between page 17 and 29.

I confirm and for purposes of record, one Rose Kinya Guantia appears 31 times, indicated as pre-payments was paid a total of Kshs3,144,228. Kenneth Guantai Murangiri, the brother to the governor also appears 31 times having received prepayments totalling Kshs545,500 and Nephat Kinyua Meme, the in-law appears 34 times, having received a total payment of Kshs2,897,000. There are also several others who are not relatives to the governor, but are---

Let us stick to the Governor’s relatives for now. Under this IFMIS extract, what is the total amount paid to the governor’s relatives as pre- payments?

I have stated Rose Kinya Guantai was paid a total amount of Kshs3,144,228. Kenneth Guantai Murangiri, the brother to the Governor has been paid 31 times, a total amount of Kshs545,500 and Nephat Kinyua Meme, the in-law has been paid 34 times, a total amount of Kshs2,897,000.

What is the total amount paid to Kenneth, Nephat and Kinya Guantai as per that IFMIS extract?

I have not calculated the totals, but the round figure is around six million.

Let us forget the Governor’s relatives for now. We are still on the IFMIS extract. Does it indicate pre-payments to an officer called Kathure Rukaria?

Yes, Mr. Speaker, Sir, it indicates.

Can you point the page where Kathure Rukaria was given an advance payment?

On page 23, volume two, there is a pre-payment paid to Kathure Rukaria Catherine of Kshs340,000. On the same page also, Kathure Rukaria received Kshs107,500. There are other several entries.

Who is Kathure Rukaria?

She is the secretary to the Chief of Staff.

Who is the Governor’s Chief of Staff?

He is known as Nchamba Mbithii.

Is the office of the chief of staff an office in the Governor’s office?

Yes, it is established under the office of the Governor.

Does Kathure Rukaria work in the office of the Governor?

Yes, I confirm that, Mr. Speaker, Sir.

According to this IFMIS printout, how much money has been irregularly paid as pre-payment to Kathure Rukaria who is the secretary to the chief of staff of the Governor?

It is a total of Kshs21,868,944.

The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Let us go to another officer who not a relative of the Governor. She is Lydia Nkatha. Do you know this officer?

Yes, I know her.

Who is she?

She works in the office of the Governor and is an administrator in the office of the chief of staff. There are also allegations that she is the girlfriend to the chief of staff.

Let us forget those allegations for now. Is she indicated on the IFMIS as receiving advance payments?

Mr. Speaker, Sir, she has received pre-payments totalling Kshs3,606,400.

Are you able to show us one or two so that we do not make sweeping allegations that she received payments? Can you point a page where her name appears?

Yes, page 27, Voucher No. 69901, she has received Kshs500,000. Voucher No. 59902, she received Kshs340,000. Voucher No. 69900 she received a payment---

That is enough, Sir. There are several entries, but we just need to confirm that when you say she has received payment it is not just a blanket allegation. How much in total has she been paid irregularly?

A total of Kshs3,606,400.

Let us go to another officer, Ms. Jane Karimi Kaithia. Do you know this officer?

Yes, I know her.

Does she work in the Governor’s office?

Yes, she does.

In what capacity? In what capacity does Ms. Jane Karimi work in the governors’ office?

She works under the office of the chief of staff.

Okay. What is the relationship between the chief of staff and the Governor in the county administration?

Mr. Speaker, Sir, the chief of staff is the Authority of Incurring Expenditure (AIE) holder for the office of the Governor. Therefore, he authorizes all payments related to the office of the Governor.

As a matter of fact, the chief of staff is one of those political appointees that governors are allowed leeway to choose the person they can work with, correct?

Yes, it is true.

The persons we have so far mentioned: Jane Karimi, Rose Kinya and Kenneth Guantai, all these people work in the Governors’ office? From the IFMIS, how much amount of money have they received as pre-payment in total?

Mr. Speaker, Sir, they have received pre-payments amounting to Kshs78,110,086 in total.

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We will later on come to the answer the Governor has given for this irregular payment. For now, let us go to the next allegation on paragraph 10 (d). Sir, to the best of your knowledge, what is the allegation or complaint at paragraph 10(d)?

Paragraph 10(c) or (d)?

Paragraph 10 (d).

The diversion and misuse of county resources, including funds and motor vehicles to run the Governor’s private charity due to Okolea despite a previous promise to the Senate - in the previous impeachment proceedings - to refrain conflicting official county operations and Okolea operations.

To the best of your knowledge, was the question of the relationship between Okolea and the official functions of the Governor an issue in the previous impeachment?

Yes, it was.

Was there an issue as to whether in the previous impeachment if the Governor should co-mingle, conflict or mix her official functions with those of Okolea ?

Pardon, come again?

Was there an issue as to whether the Governor could properly mix her official duties with those of the private charity she runs?

Yes, it was an issue.

Hon. Mawira, have you placed any evidence to show the Governor has been co-mingling her official functions with the Okolea functions and specifically diverting county resources to Okolea ?

Yes, I have adduced evidence on volume two, pages 42, 43, 48, 49, 50 and 51. There is also a video in support.

Let us go to page 42. What is that document?

This is a miscellaneous criminal application No.025 of 2023, in the matter of application for custodial orders.

Let us go to page 43 of the same volume two. What does paragraph three say?

Mr. Speaker, Sir, paragraph three states that- “On the 17th September, 2023, the Governor of Meru County, Hon. Bishop Kawira Mwangaza convened an Okolea meeting at Bridge International Preparatory School at Makiri area within Maua municipality”.

Where is Makiri?

Makiri is in Maua just adjacent to the deputy governor’s home.

So, this rally was held adjacent to the deputy governor’s home.

Yes, it was.

Do you believe it was a genuine charity that was being held adjacent to the deputy governor’s home?

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I do not believe so because I watched the proceedings and I also saw the Governor castigating the deputy governor. In fact, she was praying that some wrath can visit his family.

She said what again?

During the rally, I watched the proceedings and it was a rally convened to disparage the deputy governor because I saw the Governor kneeling down, praying and asking the congregants in the rally to pray so that wrath can visit the deputy governor’s family.

Okay. Let us go to paragraph eight. Mr. Speaker, Sir, I will later show you why it was important to provide that context. What does the paragraph eight say?

It states that the respondents and their group damaged several motor vehicles belonging to the Meru County Government and for some individuals that is registration number KAX 574V and KCV 845F using stones and other crude weapons. This act culminated in a cow belonging to the Governor being stolen and killed which is prejudicial to public order and the security of the county.

We were told in the opening statement that we were mispresenting the ownership of the motor vehicles. Is that paragraph clear that the specific motor vehicles named are private?

It is clear because, it adds for some individuals

It adds for some individuals and it indicates the registration plates given are for the individual vehicles, is it not?

Yes.

Does it also indicate that several motor vehicles belonging to the county government were damaged?

Yes, it does

Should motor vehicles belonging to the county government be present in a Okolea function; which the Senate was previously told is a private charity?

They should not because we have been told previously it was a private charity.

But who is the applicant of this application you have produced on page 42?

The applicant is the Republic through the Director of Criminal Investigation (DCI), Igembe South.

It is the Republic of Kenya through the DCI.

Yes, and the DCI officer’s name is Police Constable (PC) Kelvin Wafula, No. 113748.

Police Constable Wafula, is it not?

Yes.

Would you in the ordinary course of events expect a police officer to make such allegations frivolously?

No, since they were also made in front of a competent court of law. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

As a matter of fact, has that police officer sworn an affidavit in support of this allegation?

Yes, he has sworn an affidavit.

Where is that affidavit, Sir?

It is on pages 45, 46 and 47 of volume two.

Again, can you confirm that the affidavit mentions on page 43, I believe, paragraph three and eight the same motor vehicles and allegations that we read is it not?

Sorry.

Can you confirm that paragraphs three and eight of the affidavits mentioned Governor Kawira Mwangaza and the county motor vehicles that were damaged?

Yes, it does.

What evidence have you placed before the Senate to show that county officials were involved in this ‘Okolea rally ’ and in the mayhem that ensued?

I have placed two charge sheets before the Senate and the pay slips for the persons who were charged to show they are county employees.

Where are those documents to be found?

On pages 48, 49, 50, and 51 of volume two.

Let us confirm. Who is the county official charged by the Office of the Director of Public Prosecution on page 48?

He is called Mr. Salesi Munene Kanga alias Samaritan.

Have you placed the pay slip to show this gentleman is an official of the county?

Yes, on page 50.

I now request that we play videos in support of count two. They are brief and we can have them played. Sorry, let us play videos in support of count one. I do not know whether we are having technical challenges, it should be audible.

Can the person playing the video restart it?

Mr. Speaker, Sir, in the interest of time, kindly let us proceed to the next video.

Mr. Speaker, Sir, the transcript of what is happening in the video is on pages 52 and 53 of volume two.

In that video, have we seen the Governor addressing the crowd?

I have seen her.

Was the crowd initially peaceful as the Governor addressed it?

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Yes, it was.

Did the crowd turn violent?

Yes, they turned violent.

Would you attribute the violence we have seen to the utterances that the Governor made?

It can be attributed to the utterances of the Governor.

Why?

Because she castigated the deputy governor. It is around the deputy governor’s home. Therefore, the crowd turned violent after the deputy governor was attacked by the Governor.

Mr. Mawira, politicians attack each other all the time and perhaps we cannot read much into that. Do you consider it normal even within the rules of politics for a governor to take a vilification rally right to the home adjacent to that of her deputy?

It is not normal. This was after the deputy governor had come out and said he was mistreated. Therefore, the Governor had taken a rally near his home so that she could castigate him more. This is why the crowd turned violent and protested against the mistreatment of the deputy governor. It was the last stroke that broke the camel’s neck.

Is the violence we have seen in that video consistent with your charge that county motor vehicles were damaged?

Yes. We can see vehicles being stoned and a police officer swore an affidavit that county government vehicles were destroyed during that rally. Meaning, they were present at the rally.

Let us proceed to count two of your Impeachment Motion, specifically paragraph 12(a) where you accuse the Governor of misrepresenting relatives as the technical team to benchmark cancer treatment equipment. Have you provided any evidence to show that the Governor misrepresented her relatives as technical people for purposes of cancer management?

I have presented evidence in volume two; pages 58, 60, 68, 76, 77 and 86. There are two videos to support the allegation.

Is there a county in the Republic of Kenya with an incidence of cancer comparable to Meru?

None. Studies have shown that Meru County has the highest incidence of cancer in the Republic of Kenya.

Is there any other place in the world with a higher incidence of cancer per square kilometre than Meru County?

From studies, Meru County has the highest incidences of cancer per square kilometre.

Will I be wrong to say that Meru County is the world headquarters when it comes to this very debilitating disease?

You are right. You have described it.

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Would one expect the Governor, given the opportunity to deal with the disease affecting her county more than any other place in the world, to send the qualified people for purposes of that cancer management equipment and setting up the Cancer treatment center?

It will be unexpected.

In a county that has the leading incidences per square kilometer in the world on cancer, would you expect the Governor to see this invitation to China as an opportunity for her relatives to go on safari?

It would be unexpected.

Would a Governor who behaves like that be in gross violation of the Constitution?

Definitely, he or she will be in gross violation of the Constitution.

Would they be in breach of their oath of office?

Of course, yes.

Let us go to Page 58 that you mentioned. At Paragraph four, does the Governor admit that at least two of these people we are talking about are her relatives?

Yes, she has admitted by indicating that one is her security personnel and the other one, her sister, is a personal assistant.

Sorry Madam Temporary Speaker, I am a short- sighted man. That document you just read begins at Page 57. Right?

Yes, it starts at Page 57.

At the top, what office does it say it is coming from?

The County Government of Meru, Office of the Governor.

This is a letter from the Office of the Governor?

Yes.

To whom is it addressed?

The Chief Executive Officer, Ethics and Anti- Corruption Commission, Integrity Center.

What is the date of this letter?

26th October, 2022.

You confirm that as at 26th October, 2022, there were already issues about the Governor’s relatives and nepotism involvement in the County?

I confirm.

Let us go to Page 60. What is that document?

It is a letter addressed to the Governor of Meru, H.E. Kawira Mwangaza from the Beijing League Tech Company Limited.

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Who is Beijing League Tech Company Limited?

From the letter, it is a company in China that specialises in linear accelerator machines designed to treat cancer.

What does paragraph one of that letter say?

It says- “We are delighted to invite you and your distinguished members to visit us in China for you to witness and benchmark our state of art linear accelerator machines designed and manufactured in China in reference to our planned Cancer treatment centre in Meru, Kenya”.

This company planned to set up a Cancer treatment centre in Meru?

Yes.

In Paragraph two, what type of equipment do they say the Governor and her distinguished team should go and benchmark?

They indicate that they will also have an opportunity to visit other medical equipment manufacturer that produces digital radiography, X-ray equipment and mobile C Arm that they plan to manufacture and assemble in Kenya, preferably in a designated special economic zone.

Let us go to Page 76. What is that document, Sir?

It is a letter from the Office of the Deputy President, State Department for Devolution, addressed to the Principal Secretary from the Human Resource Management (HRM) and DO1.

What is this letter requesting? What is it about?

It is about travel clearance to China.

What does it say?

“The County Government of Meru has requested for clearance from its county officials to travel to China for a study tour. Beijing League Tech Company will meet all the expenses pertaining this trip.” Then, it indicates- “recommended for travel and also forwarded herewith, please find letters on the above subject for your consideration and signature.”

Where does the letter at Page 77 emanate from?

It is a letter from the Office of the County Secretary and Head of Public Service.

Addressed to who?

To the Principal Secretary, State Department of Devolution.

Who are the persons indicated as the ones to make this travel to benchmark the Cancer equipment?

They are indicated as Dr. George Mungania, who is the County Executive Committee Member (CECM) for Health, Ms. Miriam Keith Guantai, who is the Personal Assistant (PA) to the Governor, Mr. Nephat Kinyua Meeme, who is the Director External Linkages and Mr. Murangiri Kenneth, who is indicated works under the department of administration.

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To the best of your knowledge, is Dr. George Mungania an Oncologist?

No, he is a pharmacist.

To the best of your knowledge, were there people in the county better qualified than this person to go on this trip dealing with the problem threatening the existence of Meru County?

Yes, because the County Government of Meru has employed an oncologist and also radiographers.

Let us go to the next one; Miriam Keith Guantai. To the best of your knowledge, does that person hold any medical qualifications?

None whatsoever.

Any certificate level?

None whatsoever.

Diploma level?

None.

Degree level?

None.

Any other level?

None that is known.

Let us go to Nephat Kinyua Meeme. What are his qualifications?

When he was employed, he was employed as a pharmaceutical technologist; a diploma holder,

To the best of your knowledge, is this a person who would have any knowledge relevant to management of Cancer?

None.

Is this the same gentleman we saw receiving money irregularly?

Yes.

Is it the same gentleman you claim is the brother-in- law to the Governor?

Yes.

Lets us go to Murangiri Kenneth. Does he hold any training qualifications even in form of the management of Cancer?

None whatsoever.

Let us go to the letter at Page 78 of volume two. Is this the letter from the County Government of Meru?

Yes, from the office of the County Secretary and Head of Public Service.

Addressed to who?

The Principal Secretary, State Department of Devolution.

Can you read the first paragraph.

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“Following the invitation of the Governor of Meru County by Beijing League Tech Company Limited of Beijing City, the following technical team is hereby released from 7th June to 17th June 2023, to prepare and guide on the following.”

We can skip towards the bottom. What does the line just before the names say?

The Technical team is as follows, and four participants are listed.

These are the Governor’s sister?

Yes

Brother-in-Law?

Yes.

Nephew to the husband?

Yes, and the brother to the Governor.

In that letter, it is clear that the officers are described as the technical team.

It is clearly stated.

To the best of your knowledge, would this people with the qualifications you just told us, even using the most elastic sense of the phrase, be a technical team for purposes of Cancer management?

They cannot be.

Mr. Speaker, Sir, I beg we play the videos 2(a) and (b) in support of count two.

We play the next one so that we take the questions together.

Did you see the Governor's relatives that we have mentioned in those two videos?

Yes, I can see them.

Did you see in those videos what on the face appears like highly sophisticated Cancer management equipment?

Yes, I have seen one.

Would you expect people of the qualifications that the Governor sent on this trip to know what type of equipment they are and whether they are good for the management of Cancer?

I do not expect them to know.

With all your qualifications, looking at those machines, would you have the capacity to advise the Government of Meru on whether they are good cancer management equipment?

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Madam Temporary Speaker, I have no ability to do that.

To the best of your knowledge, even a lawyer like me, with all the books that we have read would not be able to form any informed opinion as to whether that is good or bad equipment for managing Cancer?

I do not believe so.

Do you know any reason other than the fact that these officials chosen to attend this trip are the Governor's relatives?

I do not know any other reason.

On 12(b) of your Impeachment Motion, you accused the Governor of appointing Mr. Edwin Mutuma Murangiri as Chief Executive Officer (CEO) of Meru Youth Service and Ag. Chief Officer of the Department of Finance?

Yes, Mr. Speaker, Sir.

What did you say are Mr. Edwin Mutuma’s qualifications?

Mr. Speaker, Sir, from the records that I have, Mr. Edwin Mutuma Murangiri was employed as the authority’s auditor.

Would such a person be qualified under the laws and policy documents of the Meru County Government to be appointed as an acting Chief Officer?

Mr. Speaker, Sir, according to the law, he does not meet the qualifications

Why does he not meet the qualifications?

Mr. Speaker, Sir, he was never employed or vetted and approved by the County Assembly as the Chief Officer, therefore, he cannot act in the capacity of a CEO.

Does he have the qualification to be CEO of Meru Youth Service?

He does not have because he was not employed by the Board.

Okay. What is your evidence that this person was appointed to these offices? I keep asking where is the evidence because we were told that evidence is not counted, it is weighed and so, we will weigh it at the end.

Mr. Speaker, Sir, the evidence is on Pages 92 of our Volume II, 386 ---

Go to Page 92. Please, confirm that, that is an instrument from the Office of the Governor. What does it read at the top? Where does this document emanate from?

Mr. Speaker, Sir, from the Office of the Governor.

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Does it emanate from the Office of the County Secretary, so that we will be told that it was not me?

No, Mr. Speaker, Sir. But the County Secretary has signed on behalf of the Her Excellency the Governor.

Item two, Mr. Edwim Mutuma Murangiri; what is the nature of the appointment?

Mr. Speaker, Sir, he has been moved from Meru Youth Service to the Department of Finance and Economic Planning to perform the functions of the Chief Officer for Finance, awaiting a substantive Chief Officer.

What happened to the substantive CEO, so that Mr. Murangiri, who is a relative of the Governor, will be appointed to act?

Mr. Speaker, Sir, he was arbitrarily moved after the IFMIS extracts that we are using to charge the Governor leaked to the public.

So, after the IFMIS extracts that we are relying upon leaked, that was when he was sacked.

Mr. Speaker, Sir, he was moved to another department.

Oh! He was moved to another department?

Yes, Mr. Speaker, Sir.

Let us go to Pages 386-389 that you mentioned. What is that document?

Mr. Speaker, Sir, it is an Internal Memo from the Secretary of the County Public Service Board to Her Excellency the Governor of Meru County.

What does it address?

Submission of nomination list of candidates interviewed for the post of Chief Officers in the County.

What is the date of this document?

Mr. Chairman, Sir, it is dated 11th November, 2022.

Is Mr. Edwin Murangiri, whom we have just seen being designated as Ag. Chief Officer, shortlisted for that position?

No, Mr. Speaker, Sir.

As a matter of fact, did he even apply for it?

Mr. Speaker, Sir, I believe he did not because, he did not appear in the longlist and in the shortlist.

Would the reason why he did not apply be that he was not qualified in the first place?

Mr. Speaker, Sir, I believe so.

You just told us that the documents on Page 92 that the substantive Chief Officer was moved after the IFMIS report became public. Is that right?

Yes, Mr. Speaker, Sir.

Before this matter was escalated to impeachment, did the County Assembly allow the Governor to explain the payments to these people?

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Yes, Mr. Speaker, Sir. He was given an opportunity.

Did she submit those documents to the County Assembly? Let us go to Pages 30 and 31

Mr. Speaker, Sir, they declined to submit the documents on the basis that there was an ongoing audit.

Let us go to the letter on Page 30. What is that letter?

Mr. Speaker, Sir, it is a letter from the Clerk of the County Assembly addressed to the CECM for Finance, Economic Planning, and ICT requesting certified IFMIS extracts Statement for the Executive Arm of the County Government of Meru for the 2022/2023 Financial Year.

Is the County Government legally and constitutionally obliged to submit such documents to enable the County Assembly exercise its oversight function?

Yes, Mr. Speaker, Sir. They are obligated by the law.

They are obligated by the law?

Yes, Mr. Speaker, Sir.

Did they comply with the law requiring them to submit these documents?

Mr. Speaker, Sir, they declined to comply.

What reason did they give on Page 31?

Mr. Speaker, Sir, let me read.

Yes, you can read the first paragraph.

The CECM for Finance states that the Public Finance Management (PFM) Act, under Section 164, makes provisions for the County Treasury of the county government to prepare and submit to the Auditor General the annual financial statements in respect of county government in a format to be prescribed by the Accounting Standards Board. This statement shall include the services for which the appropriated money was spent, the amounts spent on each service, the status of each vote compared with the appropriation for the vote, a statement explaining any variation between the actual expenditure, the sum voted and any other information specified by the county treasury. At the last paragraph, she continues to state that as at the moment, the county has prepared and submitted the financial statements to the Auditor-General and the Auditor- General is in the process of auditing the financial statements, which form part of our response to your request. As shown in the attached---

Let us leave it there for the sake of time. Were you asking for financial statements from the Governor’s office?

No. The Integrated Financial Management Information System (IFMIS) extracts for the financial year.

In the opening statement, we heard someone setting their own question and answering. Did the Assembly ask for financial statements, so that this document could be a valid answer?

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No.

Would you, therefore, consider this a valid reason for the failure to submit the documents?

It is a reason that cannot hold water.

Mr. Mawira, if the Assembly asks the Governor’s office to submit documents and they refuse, can someone blame the assembly for escalating the matter to impeachment?

Nobody should do that.

Let us go to Count No.3 about the Deputy Governor (DG). Paragraph 14 (a) of the impeachment motion, you accuse the Governor of excluding the DG from County Executive Committee meetings. Under our law and Constitution, is the DG a substantive member of the Executive committee?

Yes. This is because it is clearly stated under the law and the Constitution.

As a matter of fact, would that committee be validly constituted in a situation where the DG is excluded deliberately?

They cannot.

Have you produced any evidence to show that the DG was excluded from the meeting of the County Executive Committee?

Yes. In volume two, Pages 101-103, 226, 231, 233, 234,235 and 236.

Let us go to the document on Page 101. What type of document is that?

A record of the County Assembly of Meru of evidence taken before the Committee on Justice, Legal Affairs and Cohesion at the County Assembly of Meru Chambers.

Was this evidence given on oath?

Yes, it was.

As a matter of fact, on Page 101, it indicates the oath was administered to the witness. Who was the witness that was appearing before the county assembly?

The DG.

What are the complaints the DG told the county assembly at Page 102?

The DG complained of lack of facilitation for his office, failure to be invited to the Meru County Executive Committee cabinet meetings or any other official functions.

At the bottom of Page 102, when does he say he was last invited?

On 29th May, 2023.

Let us go to Page 226. What is that document?

It is a letter from the DG to the County Secretary inquiring if there was any cabinet meeting that has been held because the last one he attended was on 29th May, 2023, when he was invited through a WhatsApp page.

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Is that document received by the relevant office?

It was received by the office of the County Secretary at the end of public service on 25th August, 2023.

To the best of your knowledge, did the DG receive any response to this request?

None whatsoever.

Let us go to Page 231. What is that document?

It is a letter from the Office of the DG addressed to the Speaker of Meru County Assembly on failure to be invited for Meru County Executive cabinet meetings or any other official events.

Page 233.

A letter from the Office of the DG addressed to His Excellency Rigathi Gachagua, the Deputy President of the Republic of Kenya, requesting for reconciliation.

Page 234.

A letter from the Office of the DG addressed to the Clerk of the Senate on failure to be invited to the Meru County Executive cabinet meetings or any other official functions and events, lack of facilitation and withdrawal of staff from the Office of the DG since April 2023.

The one on Pages 235 and 236, what are they?

Letters from the Office of the DG addressed to the Chairperson Council of Governors (CoG); request for reconciliation. The one on Page 236 is still a letter from the DG addressed to the County Secretary following up on cabinet meetings.

From these documents, you confirm the problem in Meru County has been referred to the Assembly, the CoG, the Deputy President and the Senate. Right?

Yes, I confirm.

To the best of your knowledge, has the solution been found even after roping in the good offices of all these agencies of the State?

There has not been any solution found to the problem.

Let us go to Paragraph 14 (b) and (d) about bullying, undermining, insulting and demeaning the DG through WhatsApp groups. At this point, I request we play a video by the Governor in which the Deputy is accused of chanting. The video was played in the opening statement, where the DG is seen with some rowdy youths apparently singing fairly unfortunate songs against the Governor. Perhaps Mr. Mutuma can tell us the number of the video, so that we move quickly. I am told it is KMV15 from the Governor’s videos.

Mr. Speaker, Sir, we can pause it there. Bw . Mawira, to the best of your knowledge---

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You can give even an estimated date. It does not have to be an exact date.

On or about the 20th of September.

That is roughly one month ago. Is that not it?

Yes.

The Governor’s defence to the Count 14(b) and (c) and (d) is that this procession is the one that triggered the nasty WhatsApp group messages that we are about to go through. Is that correct?

No. That is a misrepresentation of the sequence of events.

Let us interrogate that claim that it is a misrepresentation of the sequence of events by opening Page149 of Volume II. When did you say was the procession occurred, the one we just saw on the video that is said to be the justification for the WhatsApp messages?

On or about the 20th of September.

Barely a month ago. Is that not it?

Yes.

On Page 149, we start looking at the WhatsApp messages. What is the timestamp on that WhatsApp message at Page 149 at the top and the date stamp?

It is dated May 20th, 2023 at around 1833hours.

Would I be correct that, therefore, the vilification through WhatsApp groups actually occurred about four months before the event the Governor said was the trigger?

Yes, I confirm.

The Governor in her defence confirms this WhatsApp group has Members who include county officials. Correct?

Yes, she confirms.

She also confirms that it has members of the public.

Yes.

She also confirms it has Chief Executive Committees (CECs) and other county officials.

Yes, she does.

Would that diverse composition of this group require an element of discretion and discernment from a responsible Governor before posting nasty messages about her Deputy there?

It requires.

If the Governor is posting nasty messages about the Deputy Governor in a platform that, by her own words, includes both county officials and members of the public, would that trigger violence of the type we saw at Makiri?

It clearly can.

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Let us examine the messages themselves. On Page 149 where we are, it reads “ Nchamba Mbithi removed you.” Who was removed?

The Deputy Governor.

Is Nchamba Mbithi a junior officer or a superior of the Deputy Governor?

A junior officer to the Deputy Governor.

Would you expect a junior officer in the ordinary course of an event to have the temerity to remove the Deputy Governor from a WhatsApp group?

No, unless instructed by higher powers or someone senior than the Deputy Governor.

Before we go to Page 152, let us go to Page 155 at the bottom. It shows again that the Deputy Governor was again removed from this group by who?

Hon. Mutia.

Who is Hon. Mutia?

He is a Chief Officer in the County Government of Meru.

In a functional county government, would you expect an ordinary Chief Officer to have the guts to remove a whole Deputy Governor from the group, unless acting on the powers of someone above the Deputy Governor?

No.

What is the date stamp at the top?

May 27th, 2023.

This was again four months before the rally that is alleged to have triggered these nasty messages. Is that not it?

Yes.

Let us go to Page 148; a post there by Kiambi Atheru. Who is Kiambi Atheru in the middle of the page?

The County Secretary to the county Government of Meru.

After the Deputy Governor is removed, some sought of gossip begins between the Governor and the County officials and the Members of the Public. What does Kiambi Atheru tell the people in the group about this nasty gossip of the Deputy Governor?

He states that, “confidentiality is of the essence here. There will be no point for us to converse here, then any among us send screenshots to our enemies. It will be too unethical.”

Who is Kiambi Atheru saying the screenshot should not be sent to, so that they can insult, gossip and chit-chat about the Deputy Governor freely?

The Deputy Governor.

At the top of that page, there is a post by the Governor. Right?

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Yes.

What is she saying?

“I have fought many and serious battles. Hiyo yao

So, here is the Governor announcing that she will fight the Deputy Governor and his people. Is this occurring before or after the event the Senate is being invited to believe was the trigger of these very unfortunate things?

Way before the event.

There is Dayan there replying. Who is Dayan?

I believe he is a public member because I do not know the position he holds.

Let us go to 160. There is a post there by the Governor herself. To the best of your knowledge, is the number given there, the number of the Governor?

Yes, it is the Governor’s phone number.

What is the Governor telling her junior officers in relation to her Deputy Governor after they have removed him from the group?

She states “CEO Mutia, panga retreat ya sub- county and Ward Admins tuchome jeshi.”

So, the Governor is recruiting Ward Admins in her war with the Deputy Governor?

Yes.

Would you expect a Governor familiar with the dignity expected of that office to do that?

It is not expected.

What does this junior officer tell the Governor after he has been told to mobilize the Ward Admins to fight the Deputy Governor?

He states; “I am almost finalizing the plans, Her Excellency. Jeshi iko chonjo .”

Does the Governor organizing this Jeshi and the one we have seen on those videos at Makiri appear to you as a humble, vulnerable victim and a good polite lady, who is being harassed for no good cause? Is that the demeanor we saw in those videos?

I do not think so.

The deportment that we can discern from this messages so far, is it of a dignified Governor who is a victim of some political witch- hunt? Did you see in this text the tone and language discernment of a dignified Governor?

It is not.

At Page 162 the Governor says?

“And DG mobilized few walevi. Bamwe bagachwa

Please, tell the Senate this is the message the Governor has sent to a WhatsApp group that has junior officers, and members of the

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public about her own Deputy Governor. Can you please tell the Senate the translation of what she is saying?

The translation is on Page 446 of volume two. Chief Officer Mutia writes; “people are with us and I am so encouraged. Today, they used police to intimidate our Jeshi . Their darkness will not and cannot overcome our light.” The Governor responds- “And Deputy Governor mobilized few drunkards, bamwe bagachwa ũrĩa

which translates to “the Deputy Governor mobilized a few drunkards. Some people will have to find ways of defecating an avocado seed. You will hear them.”

Does this sound to you like a dignified message by a Governor that according to our Constitution and Chapter Six laws should bring honour and dignity both to her office and that of the Deputy Governor?

It is not, especially considering that this was posted in a WhatsApp group with the junior officers to the Deputy Governor and Members of the public, of course.

Again, was this before or after the event now offered as an explanation for what triggered this very unfortunate message?

It was way before around May of 2023.

Four months before?

Yes.

Let us go to Page 163. There is a post there by a junior officer called Nkanata responding to the Governor’s very unfortunate message. What does Nkanata say?

He states, “uuuwi! Phew! Bakabwona baikune” !

Again, what in your understanding was this junior saying about the Deputy Governor?

He is exclaiming and saying that they will suffer the consequences.

Let us go to Kabati, kabati, kaende, kaende at Page 165. What does the Governor say in response to a junior officer called Nkanata?

She states that “I have fought many and serious battles . Hiyo yao ni manyunyu. Nitawagaragaza kama kawaida . Just relax and watch the space and concentrate in development . Kabati, kabati, kaende, kaende . Back me with prayers and see the deliverance of our father. He has done it for me and the promise higher end is beautiful”

The Governor in her defence says that she is the foremost peacemaker in Meru. Is this message consistent with the person who is the foremost peacemaker in Meru?

The tone and the language used does not depict someone who is a peacemaker.

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Is any of the messages we have so far seen consistent with the Governor, who in her own words, ‘is the foremost peacemaker in Meru County?”

They do not.

In Page 166, what does Governor Mwangaza write in response to a junior officer called Kiambia Theru? What does he say that the Governor is responding to at the top of Page 166?

Kiambia Theru states that “our enemies misadvised him. Very unfortunate for him.” That is in reference to the Deputy Governor. Then the Governor responds by stating that “he thinks I am the type of a person who can be scared by useless, childish, mannerless, hopeless group of people with threats. Kwanza nitafinyakieleweke.”

“ Kwanza nitafinya kieleweke” . Again, is this the language of a dignified peace loving Governor, who is the victim of male chauvinism and

In all these things, she is saying, “it was not me. I am just a victim?” Is this message consistent with a humble, meek and dignified Governor?

It is not consistent.

Let us go to Page 167. What does the Governor say that her County Secretary junior officer, Dr. Kiambia Theru, say is responding to?

The Governor states that, “They want him to recover what? Ntochiu invested heavily. Kuweka jina kwa ballot paper--- The message that Kiambia Theru is responding to is clearly captured on Page 170.

Let us go to Page 170 where it is.

First of all, the Governor is responding to her CECM, Finance who had stated that “very true. They are using him and when done, they will dump him. Very unfortunate.” Then the Governor states, “They want him to recover what?” Ntochiu invested heavily. Kuweka jina kwa ballot paper is what investment CEC, Finance surely? “Ungratefulness is a curse. Results coming up soon.” Nduchu is the Former Deputy Governor. Then the County Secretary responds on Page 167 by saying, “I am a witness. He contributed nothing to the campaigns. Zero.”

Will you consider it in order for the Governor to be telling civil servants and junior officers that her Deputy contributed nothing? Even if we were to assume it is true for argument sake, would that be a proper message to be sent by Governor to a forum like this?

It is not in order.

Is this consistent with our Chapter Six? Is this the type of messages Governors should be acquitted by the Senate, so that they can continue sending?

It is not consistent with Chapter Six of the Constitution.

Let us go to Page 174. What is the Governor telling Monica Kathono, who is a junior officer and specifically the CECM for Finance?

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The Governor is telling the CECM Finance “ Eti Deputy Apewe Finance CECM. Laughable. Wamchukue 2027 wapee yeye Finance. Nkts .”

Let us go to Page 176 first. There is a post there by the Governor. Can you read it to the Senate?

“ Hawa wajinga tuwanyamazie until 2026. Mute completely, concentrate on development. They want to divert us from our agenda and join the madness. Kama ni kunyorosha, tukamatie chini, wapige nduru kabisa . I show you direction. Meanwhile, we are here at 10 bila brakes.”

Is this message consistent with the narrative of a peaceful Governor, who is a victim of some evil scheme to ouster her out of office?

It is inconsistent.

Who are the people she was referring to as ‘wajinga’ and who she says, ‘ nitawanyorosha na kuwakamatia chini ?’

It is other leaders from the great Meru County.

For whatever reason, should the Governor be sending such messages to junior officers and the public, even if we were to assume for argument’s sake that she has a valid grievance against the other elected leaders?

She should not.

Let us go to Page 179. What is the Governor saying at the top there?

She states; “I love this. Mwanaume ni kazi, sio

She leaves it at that then continues to state; “The Bible says, lazy people should not eat and should be denied all benefits similar to eating. Ukisikia mtu analialia ni mzembe,wachana naye akufe.”

Who are the people the Governor is calling lazy and who should not eat in the context of this message?’

It is in reference to the Deputy Governor.

Now, again, Mr. Mawira, because human beings disagree all the time, let us assume the Governor has a genuine grievance against her Deputy, should she be sending this type of message in this type of group?

It is not expected of a person of the stature of a Governor.

What does Bariu Nahashon say in response to the Governor?

He says- “Extremely true, your Excellency.”

Let us go to Page 190. What is the Governor saying at Page 190?

The Governor says; “He is now claiming that pesa

office of the Governor to be split into two. Laughable. Uju akaringwa ii MurunguWengwa atitumene in Jesus Mighty name. May Jehovah God who sees the motive in every mouth, deal with our enemies speedily in Jesus’ Mighty name.”

What does Nchamba Mbithi, the Governor’s Chief of Staff, say there, that the Governor is responding to? It is at Page 191.

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He says; “In my opinion, the issues going round the media are really fuelled by the Deputy Governor’s (DG’s) silence. We all know well there was no planned trip to the United States (US) that was cancelled. We all know there is no time that our DG's vehicle has ever being taken away. Our DG's silence is really making my people to believe the fake rumours. If the DG comes out and clears the air on fake rumours, the current politics will be a thing of the past. Why do we have to go through hard times and the solution is within us?”

Who is Nchamba Mbithi, the author of the post you just read?

He is the Chief of Staff to the Governor.

Let us go to Page 181, where the same Nchamba Mbithi is again conversing with the Governor in this group. What does Nchamba Mbithi say?

He says- “Blessed weekend Her Excellency. We are behind you 101 per cent. Anyone trying to fight you is fighting us and becomes our enemy immediately.”

In your understanding, and we have asked this question a million times because it is important, but would a junior officer be posting these things without the blessing of the Governor?

No, Mr. Speaker, Sir.

Especially when that junior officer is the Governor’s Chief of Staff?

It is not expected.

Let us go to 194. What does the Governor say in that page?

She states that- “ Hii ni ujinga sponsored by DG, am issuing last warning. I don’t entertain useless threats. My 15 years in politics have never such childishness and ukumbafu .”

The next message?

“ Walinipea 6k the entire constituency and DG

I was the last. Wanaongea nini sasa? ”

The next one.

“You want to eat what you never laboured for; it’s a curse.”

The next one.

“Sandi was from Imenti

We could go on and on, but the point has been made. Mr. Speaker, Sir, I request we play a video in which Nchamba Mbithii is seen on Television (TV) saying some things about the Deputy Governor. It is Video No.3A in support of Count 3. The translation of that video is in Page 447 of Volume 2.

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It can be paused so that I ask some questions. On the screen, which TV is airing this show?

It is Baite TV.

Is that station associated with the Governor?

Yes. It is owned by her proxies.

Does Nchamba Mbithii confirm that this TV has national viewership?

Yes, he confirms that it is a national television.

Who is Nchamba Mbithii in that video?

The Chief of Staff to the Governor.

From this video on whose side is he on? The video can be re-run, so that I ask the question. I want you to identify to the Senate who is Nchamba Mbithii in this video. It can be now paused.

Mr. Speaker, Sir, that is the Chief of Staff.

That is the Chief of Staff on national TV and the transcript is at Page 447. What was he saying in summary about the Deputy Governor?

In translation, he says that what Mutuma is doing is something I would not want to say here because I know Baite TV has a national audience. Mutuma is defecating on the plate from which he feeds on. Mutuma here is in reference to the Deputy Governor.

Confirm that this show happened after the previous impeachment Motion, which had a count of unnecessary aggression and vilification of other leaders.

I confirm.

Mr. Speaker, Sir, let us play Video No.3B. It is a fairly long video, but we will crave your leave to play it because it helps the Senate understand whether the Governor is this meek and humble person who is the foremost peace maker.

Mr. Speaker, Sir, if you permit, I can put some of the questions as it plays.

Unless they pause the video because we cannot concentrate.

Mr. Speaker, Sir, we are on Count three---

Let them pause, then you proceed to put your questions.

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Can the video be reversed a little? The transcript of this video is at page 251 and 252 of volume two. Who is the person dancing behind the guy with the guitar?

It is the Governor of Meru County, Her Excellency Hon. Kawira Mwangaza.

Who is the person playing the guitar?

That is the first gentleman of Meru County Government or simply put, the spouse of the Governor of Meru County.

Mr. Speaker, Sir, now the volume can be increased so that we hear the lyrics and then I can put my next series of questions.

Mr. Speaker, Sir, the volume is low. We might not hear the lyrics.

Mr. Speaker, Sir, the video can be paused so that I can put the questions. Mr. Mawira, from the screen, where is the rally being held?

At Kiutine.

Where is Kiutine?

Kiutine is in Igembe.

Is that near the deputy governor’s home?

Yes, near Maua

When was this event held?

On the 28th of August, 2023.

Is that before or after the procession the Governor is offering to explain her belligerence towards the deputy governor and other leaders?

This was before.

Does this explanation and the video we were shown earlier offer a valid answer to the charge of vilifying other leaders and the deputy governor?

It does.

Who are the people described in that song as “ wenye

This is the deputy governor and other elected leaders from Meru County.

Does that musical performance talk about the previous impeachment proceedings?

It does.

Do the lyrics show a person who learned anything from the previous impeachment?

It does not.

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Do they show a recalcitrant or a repentant person as far as the previous impeachment is concerned?

It does not.

Do the lyrics accuse other leaders of plotting to kill Governor Kawira Mwangaza?

They do.

Would you expect this to be a potential breach of the peace when other leaders are being accused of plotting to kill the Governor?

Of course, yes.

To the best of your knowledge, has the Governor ever reported any threats to her life in any police station?

I am not aware of any.

Do those lyrics say that the other leaders want Governor Kawira to assist them to embezzle public funds?

They do.

Is that a fair allegation to make of other elected leaders without good basis?

It is not fair.

Does that video say that the other elected leaders do not want Hon. Kawira to assist the weak and vulnerable, described as wanyonge in the lyrics?

They state so.

Please, confirm that this musical performance is happening in an Okolea rally.

It is, I confirm.

The branding clearly indicates that.

Yes.

Does the Governor appear dancing to that music and even gesticulate “ wenye wivu wajinyonge “with her fingers showing how the other leaders should be beheaded or behead themselves?

Yes, she does enjoy and dance to the music and also demonstrate how the mwenye wivu should nyonga themselves.

In your views, Sir, can the Governor honestly and in good conscience dissociate herself from this musical performance because there were utterances of her spouse?

She cannot.

Should governors be allowed to vilify other leaders this way through their spouses so that if they are asked, they say it is not them but someone else?

They should not.

Do the lyrics describe the other elected leaders as having Shetani or demons? Did we hear from the lyrics the other leaders being described as having shetani ?

Yes, we heard.

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Sir, is this video consistent with the narrative of almost peacemakers in Meru County who cannot hurt a fly? To use her own words; she is the victim of some scheming by the Deputy Governor to take power through the back door?

It is not consistent.

Does this video accuse other leaders of wanting to embezzle money meant for building roads in Meru?

It does.

Sorry, come again.

Do you know any justification the Governor would have for vilifying other leaders in the manner we have seen in that musical performance?

I would not know why the Governor would go to that extent of vilifying and inciting the public against other leaders from Meru County.

The crowd we saw in that video, is it a small or a big crowd?

It is a big crowd.

To the best of your knowledge, how often does the Governor hold such rallies?

They are held almost every Sunday under the disguise of helping the needy. However, I can confirm those rallies are held generally to vilify, demean and incite the public against other leaders in Meru.

Mr. Speaker Sir, I request that we play video No.3C in support of count three. The transcript of video No.3C which we are about to play is on page 448 of Volume 2 No, we do not have a transcript; this one is in Kiswahili. So, it does not require a transcript since Kiswahili is our national language. Let us play the video.

Hon. Evans Mawira, to the best of your knowledge, what occasion was this when these utterances were made?

Mr. Speaker, Sir, this was a prayer rally attended by the President and the Deputy President of the Republic of Kenya at a rally which is in Igembe North.

So, to the best of your knowledge, why did the President and the Deputy President organise this trip to Meru?

Sorry, come again.

Would you know the motivation why the President and the Deputy President travelled to Meru for this function?

Mr. Speaker, Sir, it was a thanksgiving prayer rally and also to come and try to reconcile the leaders of Meru especially and Governor and the Deputy Governor.

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Did this occasion occur before or after the previous impeachment?

Mr. Speaker, Sir, it was after the previous impeachment process.

That is why the Deputy President and the President spearheaded the reconciliation effort. Is it not?

Yes, Mr. Speaker, Sir, I can confirm.

So, you are confirming that the problem in Meru has been addressed at the Council of Governors, the Senate and all those people you have counted, including the President himself.

Mr. Speaker, Sir, I confirm.

Have all these interventions restored sanity in Meru County?

Mr. Speaker, Sir, they have not. We have stagnated at one point.

Do you expect speakers in a presidential function to speak in a dignified way about other leaders?

Yes, Mr. Speaker, Sir, it is expected.

Did we hear the Governor talk about ‘ cartel kumi’ in this presidential function?

Mr. Speaker, Sir, she did.

In the understanding of the ordinary Meru citizen, who are the people she was calling ‘ cartel kumi’ ?

Mr. Speaker, Sir, she was referring to the elected Members of Parliament (MPs.) and the Women Representative of Meru County.

Did you hear her call these people before the President of the Republic of Kenya “Macartel”

Mr. Speaker, Sir, she did and stated that it is people who earn above Kshs500,000 and above and Kshs1 million.

Did she also say that these are people who only care about their stomachs?

Yes, Mr. Speaker, Sir, she did.

Would those be utterances that connote the Governor who is peace-loving and who has learned from the previous impeachment process and is just a victim?

Mr. Speaker, Sir, they do not.

Let us play video No.3D

Counsel, just to remind you that you have one hour to go. Bear in mind you have more witnesses to call. The time that is utilised by Senators cannot be part of the four hours. Out of the four hours, so far, you have one hour to go.

Mr. Speaker, Sir, does that include the time taken by my counterpart to cross-examine my witnesses? This is because they took more time cross-examining the other witness than we have.

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That is still within your four hours just like you would be doing when their time comes.

I will try to do my best, but I crave for your indulgence. It is because of my consciousness as to time that I am taking more time with this witness just in case I am not able to call all the six. Let us play video no. 3 (d). This is the video that inspired the allegory that was misunderstood. The transcript of this video is on page 448 to 449 of Volume 2. Let us proceed.

Mr. Mawira, what is the Governor talking about in that video?

The previous impeachment process.

What is she saying about the previous impeachment process?

That there is nothing that was done to her even after the county assembly impeached her and took her to the Senate.

Mr. Speaker, Sir, that is how my allegory was born. We can see the last video, 3 (e).

In the interest of time, we can pause it. Mr. Mawira, what was the Governor doing as per this video?

She was vilifying the elected Member of Parliament (MP) for South Imenti as well as other MPs from Meru.

To the best of your knowledge, Sir, is there any overlap between the duties of the Governor and those of MPs and the Senator so that the Governor is constantly inciting the public against? Is there any conflict of duty or interest? Do they not have very different duties?

They are very different and clearly stipulated for every office holder.

As a matter of fact, where is the main work station of the nine MPs of Meru? Is it in Meru or here at the Parliament Buildings?

It is here at the Parliament Buildings in Nairobi.

Do you know any reason why an MP in Meru while doing their duties say this Chamber or the other one, would suddenly hear that the Governor is saying nasty things about them in some rally in Meru?

Sorry?

Do you know any reason why the Governor would be vilifying a person who is based in Nairobi while doing their duty in Nairobi?

No. I am not aware.

Paragraph 16(a) count four, you accused the Governor of appointing Kenneth Mwiti Riungu as the Chief Officer without the approval of the County Assembly. Did you make such an accusation, Sir?

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Yes.

Have you provided any evidence for it?

Yes, the evidence is in page 271, 295 to 296, 297, 299 and 301 of Vol.2

Let us go to page 271. Tuanze na page 296. The document begins at 295. Where does this document page 295 emanates from?

Office of the Governor.

On the next page, do we have the appointment of this officer, Kenneth Muiti Riungu?

Yes, paragraph 12.

Does that confirm that he was appointed as the chief officer?

Yes, it does.

Is he appointed as the substantive or an acting chief officer based on that document?

It is substantive since it is not stated that he is acting.

Do such appointments require approval of the County Assembly?

Yes, as required by the law.

To the best of your knowledge, has the Governor placed any approval of the Assembly for this officer?

None whatsoever.

Let us go to pages 296-297. What is the document there?

It is a document from the Office of the Clerk addressed to the County Secretary Dr. Kiambi James Thambura Atheru in the matter of the Constitution of Kenya 2010, the County Government Act 2012, the County Assemblies Powers and Privileges Act 2017 at the County Assembly of Meru Standing Orders and in the inquiry of the Sectoral Committee on Labour, Public Services and Social Affairs summons.

Sir, have you provided sufficient evidence to show that this person was appointed without approval of the County Assembly?

Yes, I have.

Let us go to paragraph 16(d) of your impeachment Motion. You accused the Governor of appointing unqualified persons namely Kenneth Mwiti Riungu, Edwin Mutuma Murangiri and Gitobu Nkanata as Chief Officers without competitive recruitment and recommendation of the County Public Service Board (CPSB). Have you provided any evidence to show this?

Yes, I have.

What is that evidence, Sir?

It is on pages from 295-296, 322, 325, 326 all the way to 327, 331, 332, 334, 335 and 386 to 389.

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Let us go to the appointment of traffic marshals. Have you provided evidence of the appointment of these officers?

Yes, I have.

The Governor responds by saying that this office was regularized. She says that it was a joke. That is her response in the County Assembly. Is that not true?

Yes, they did.

Have we seen her in a video? We can play the brief video in support of count four.

Do we see in that video the Governor flagging off traffic marshals?

Yes, it is seen in the video.

Whose duty is it to establish this office?

It is the duty of the County Public Service Board (CPSB) to create offices under the county government's structure.

Now, let us go to page 392 of volume two. What did the CPSB say about the existence of this office?

In a letter addressed to the Clerk of the County Assembly in relation to the inquiry, the Secretary of the CEO of the Meru CPSB states that the Board has not employed any traffic marshals in the County Public Service.

On the ground in Meru, Mr. Kaaria, why was this a problem so that the Assembly got seized of it? What were the so-called traffic marshals doing that became of concern to the Assembly?

After they were flagged off by the Governor, they went around Meru town arresting offenders and charging them fines irregularly. There was a Petition to the Assembly complaining about the creation of the office of the traffic marshals irregularly.

So, in summary, other than the video and the document that I have shown, what other pages can you refer to the Senate to prove this count?

We have pages 394, 398,409 to 412, and 413.

You have in paragraph 16(g) accused the Governor of having a bloated workforce. Have you provided evidence of this?

Yes, on pages 282 to 293, 309, 345 to 352, 353, 357, 359 to 362 and 362 to 382.

Let us go to page 361 to 362 and speak about the particular cadre of staff in the office of the Governor. How many cleaners are shown there?

From No. 73 to 93, that is roughly 20.

Page No.73 to?

Entry No.73 to 111.

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How many cleaners are those? Would I be right to say that they are 38?

Yes, they are.

Let us see how some of these officers styled as cleaners are described on the payroll. Let us pick officer No.111, Jamal Bundi. He has been described as a cleaner in the recruitment. Now, let us go to page 379 and see his payslip. What is his designation?

He is recruited as a cleaner, but his designation is Senior Support Staff.

So, the payslip is that of a Senior Support Staff?

Yes.

The appointment is that of a cleaner?

Yes.

Let us pick another one. At page 381 at the bottom, what is the name of the officer?

Mr. Godfrey Mwenda Miriti.

So, this gentleman was also recruited as a cleaner but his payslip is for what cadre?

Senior Support Staff.

Mr. Speaker, Sir, that officer is No.103 on page 362. At page 382, what is the name of the officer? There are actually two of them.

Ms. Faith, Kendi Kithinji and Ms. Glory, Kinya Kinoti.

Would you consider it irregular for officers to be hired as cleaners then paid on the pay grade of Senior Support Staff?

Sorry?

Is it an irregularity to employ persons as cleaners, then on the payroll pay them as Senior Support Staff?

Yes, it is an illegality.

Would you know why this irregularity has been taking place in Meru?

I believe it is for the Governor to reward her cronies.

To reward her cronies?

Yes.

Let us go to count No.6; naming a public road after her husband. Do you have any evidence of this?

Yes, I have.

Have you provided any evidence, Sir, to support count No.7?

Yes, on pages 442 to 443 of our Volume 2.

Count No.21B, contemptuous letter to the Assembly in response to lawful summons. Do you have any evidence?

Yes, on page 311.

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I want us to see the letter that is said to be contemptuous. You earlier on told us that governors and their County Executive Committee Members (CECMs) are obliged to supply documents to the Assembly. Right?

Yes.

And to honour lawful summons?

Yes, they should.

This letter at page 444 is indicated as emanating from what office?

From the Office of the Governor.

Who is the author at page 445?

The Chief of Staff/Governor’s Private Secretary.

Read for us the last paragraph of that letter.

It reads- “We hope the above settles the issue and if you find the urge to summon the Governor to appear before the Committee is irresistible, we will respectively urge the Assembly to move to court for a constitutional interpretation in view of the foregoing.”

The Assembly is being told “if it finds the urge to invite the Governor irresistible.” Is that how a Chief of Staff should be responding to lawful summons and request for documents from the Assembly?

No, it is not.

I want us to check the responses filed by the Governor. Please take the Governor’s response. Governor Kawira says that some of the charges before the Senate were in the previous impeachment Motion. Does the law permit the County Assembly to re-introduce previous charges?

According to Section 33 of the County Government’s Act, it is allowed after three months.

If a governor persists in the very conduct that triggered the first impeachment, can the county assembly be faulted for bringing a second, third or even 10th if the misconduct does not cease?

No, it cannot, Mr. Speaker, Sir.

The Governor has talked about a curse or a traditional oathing ritual at paragraph six of her response, administered by the Njuri Ncheke to compel the Assembly to impeach her. To the best of your knowledge, was there any traditional oathing ritual administered at the Njuri Ncheke Shrine as alleged by the Governor?

No. I was at that event and it was a tree planting occasion led by the Cabinet Secretaries for Environment, Climate Change and Forestry and Agriculture and Livestock Development.

Was it a Njuri Ncheke event?

It was not. It was an event spearheaded by the Ministry of Environment, Climate Change and Forestry.

Do the Njuri Ncheke administer oaths in the presence of non-members?

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It does not and I can attest to that because I am a member of Njuri Ncheke.

Do they administer oaths in the presence of children?

No, because they are not members of that cultural association.

Were there children in this event that is alleged to be an oathing ceremony?

The children were present.

Hon. Mawira, let us assume for argument’s sake that the Njuri Ncheke got inter-meddled in this matter. Would you expect the Njuri Ncheke to be concerned if Meru is in a perpetual and insoluble crisis?

Mr. Speaker, Sir, they should because they are a highly respected council of elders and they are not prohibited from indulging in matters that affect the great people of Meru.

The Governor says that all the allegations against her are acts of other officials who should bear their own responsibility. What is your response to that? The Governor at page 4 of her response informs the Senate that this litany of complaints you have against her relate to acts and omissions committed by other county officials. Are they officials in the Governor’s office?

Yes, they are.

Are some of them the Governor’s immediate siblings?

Yes, they are.

Do governors always act in person or they act through junior officers?

They act through junior officers appointed by governors and others through the Public Service Board.

If governors in practice do most of their work through delegation to county officials, is it a valid defence to say that it was not me?

It is not a valid defense.

Do we have instances in her response where she relies on acts of county officials, but when it is not convenient, she says it was not me?

Yes, Mr. Speaker, Sir, they are there.

She should have it both ways. The acts of the county officials should be considered and when they do not, they should not be considered. She cannot have it both ways

Can the Governor be heard saying that millions upon millions of county funds paid to her own sister and the secretary of her Chief of Staff in her own office, that she was somehow aloof and should not take responsibility for that?

Mr. Speaker, Sir, the Governor cannot allude to that.

The Governor says that the Members of County Assembly (MCAs) have no issue with her at paragraphs one, four, eight and 16 and that you and your colleagues are acting under internal-external influences and intimidation to facilitate a political scheme. Is that correct?

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That is not true.

Is she the foremost peacemaker in Meru County as she says in paragraph 17 of her defense?

Mr. Speaker, Sir, it has been illustrated that she is not.

The Governor says the public participation was a sham. Has she identified any specific shortfall of that public participation?

None

The Governor says she has been rated among the top 10 best performing governors in Kenya. What is your response?

I think that is a report that has just been produced the other day and I believe it was tailor-made to suit this case because previously we have seen other independent bodies rate the governors like the timely survey that ranked the Governor at position 40 out of 47 in Kenya.

Did the Governor disclose that she was relying on this survey produced just after the impeachment that there was also another one ranking her at position 40 out 47?

No.

She is happy to have the survey ranking her highly considered, but not the one ranking her at the bottom?

Mr. Speaker, Sir, yes, that is true.

Hon. Mawira, let us assume for argument’s sake that indeed the Governor was rated un-validly so as one of the best performing. Would that mean she did not commit any of the acts she is accused of?

That is not evidence to adduce that she has not committed any crime.

If those acts are impeachable, would they cease to be impeachable because she is the best performing Governor?

No way.

Let us go to the Governor’s specific responses. She says that you have not adduced any evidence to support Count 1 on Misappropriation and Misuse of County Funds. What is your response?

That is not true because we have adduced the evidence in volume two.

Is there anything else in Volume 2 other than evidence?

No, Mr. Speaker, Sir. It is the County Assembly’s evidence.

The Governor states that Salesio Mutuma is misrepresenting and misreading the entries on the IFMIS report. To the best of your knowledge, did the Governor produce any other IFMIS report other than the one before the Senate?

No.

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In her defense, is the Governor relying on that same IFMIS report?

Mr. Speaker, Sirs, she is relying on the same IFMIS extracts.

Can she rely on the IFMIS report we have when it favors her but disown it when it does not?

Pardon?

Can the Governor urge the Senate to accept the IFMIS report to the extent that it exonerates here but reject it to the extent that it shows wrongdoing on her part?

As long as it is the same report she is relying on, she cannot.

The Governor says she did not use her relatives to embezzle public funds. Did we take the Senate through millions upon millions of shillings taken by her relatives as pre-payments?

Yes, we have already taken the Senate through that part of the evidence.

The Governor says the matter is before the Ethics and Anti-Corruption Commission (EACC), another matter is in court, and another is in some other forum. To the best of your knowledge, does the pendency of any complaint or inquiry preclude the County Assembly or the Senate from impeaching a Governor if they are persuaded that the Governor has fallen short of the standards required under Chapter Six?

No, because the county assembly oversight is not conditional on what the Ethics and Anti-Corruption Commission (EACC) is doing, and also, I believe the Senate’s powers are independent.

Would you consider the Governor to be sufficiently proximate to all these persons who withdrew Kshs78 million from the county irregularly?

These are people who are close to the Governor.

Why do you say they are close?

Some are relatives and others work in the Office of the Governor.

A governor who is unaware that all the Kshs78 million has been siphoned from the county, would that strike you as a diligent governor?

No.

Would that strike you as a competent governor?

Of course, no.

How many times does the secretary to the Governor’s chief of staff appear on the Integrated Financial Management Information System (IFMIS) report receiving prepayments contrary to Public Finance Management laws?

She appears 87 times.

What is the total amount paid to her irregularly as per the IFMIS report whose authenticity is not an issue? The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate.

Kshs21,868,944.

How many times does Lydiah Nkatha appear, the one you have said she has an entanglement with the chief of staff?

Eight times.

How much has she withdrawn?

Kshs3,606,400.

The Governor has produced some vouchers and imprests. She answers that the payments to her sister were imprests she takes on behalf of other people. Is that a valid defense according to your understanding of these documents?

It is not.

Are the imprests the Governor has submitted signed by the relevant offices?

They are not supported or signed by the relevant officers like the director of accounts and the Chief Officer of Finance. The examiner has also not signed the relevant supporting documents she provided.

Incomplete as they are, out of the Kshs78 million, how much has the Governor accounted for?

On average, it is Kshs2 million.

We are told that we misrepresent hospitality for the hospital. Does the Motion misrepresent hospitality payments as payment for hospital supplies?

It does not.

Does the impeachment Motion mention ‘hospital’?

Nowhere does the impeachment Motion mention the hospital.

You have been accused of saying that Jane Karimi Kathia is a relative of the Governor. Is there any place we have said she is a relative of the Governor?

Nowhere in the Motion.

This also applies to Catherine.

Yes.

Let us interrogate the defense of per diems and imprests. Will that explain the 107 irregular payments and styled prepayments on IFMIS?

It does not.

The vouchers and imprests that the governor has produced. Do they explain the big payments to her sister and other relatives or do they focus on the petty payments?

It does not because they conveniently focused on the small payments that account for only Kshs2 million out of the Kshs78 million that it is alleged they have misappropriated.

We are still interrogating whether these were imprests for per diems. Does the IFMIS report indicate payments that are per diems?

Sorry.

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Are there specific payments indicated on the IFMIS as accommodation and domestic travel?

Yes, there are.

Like on what pages?

Pages 17,21,22,27 and 28 of our volume two.

If there are specific entries for per diems, can the Governor be heard to say that the unexplained prepayments are also per diems when the system has a way of capturing per diems ?

No, they cannot.

To the best of your knowledge, can an officer hold more than one imprest at a time?

Of course not, because it is against the PFM Regulations of 2015.

Which regulation in particular?

Regulation 93, 4(b) and 8 of the PFM Act.

If an officer cannot hold more than one imprest at a time, what do we make of situations where we see the Governor’s relatives receiving several prepayments on the same day? Would that mean they were holding several imprests on that day?

Yes, they were.

As a matter of fact, can we see on the IFMIS instances where the Governor’s relatives were paid six, eight and five times on the same day?

Yes, and evidence is on page 17 to 29 of volume 2.

The imprest the Governor has submitted, are they all accompanied by signing sheets?

Most of them are not.

The claim that an officer receives imprest on behalf of an entire delegation, would it require each member to sign the signing sheet even if one officer receives the money in its entirety?

Yes, individually, they should.

Has that been shown?

No.

Does the law permit use of imprest to make huge payments of money?

It does not allow.

As a matter of fact, imprest is confined to small payments that are done routinely. Therefore, cannot be conveniently be paid through the ordinary payment system. Is it not?

That is true.

Given the law on when imprest can be used, would it then be a valid answer, to be told that 107 pre-payments amounting to Kshs78 million were done by way of imprest that we have not even seen?

No, that would be abuse of imprest.

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Did the Governor produce the imprest she has now produced before the Senate, before the County Assembly?

They blatantly refused.

She blatantly refused?

Yes.

You told us they are not signed. I want you to show us a few that are not signed by the validating officers. Please, show the Senate.

Pages 93.

Mr. Speaker, Sir, we are referring to the Governor’s bundle, the one with the blue pages.

Page 93, on that particular payment voucher for Rose Kinya, who is the Governor’s sister---

This is the payment to the Governor’s sister.

Amounting to Kshs25,400. The payment voucher has not been signed by the examiner, that is examination. The payment voucher has not been signed by the Director of Accounts or Chief Officer of Finance.

Let us go to the payment voucher at page 108. Is it signed by the examiner?

No, it is not.

Who is it issued to?

Rose Kinyaa, the Governor’s sister.

Is it signed by the Accounting Officer?

No, it is not.

Let us go to the one at page 131. Who is it issued to?

Mr. Speaker, Sir, page 108 is only signed by the AIE holder who is the COS indicating the Chief of Staff.

Okay. What about the one on page 131, who was it issued to?

Mr. Speaker, Sir, is was issued to Ms. Rose Kinya, the Governor’s sister.

Is it signed by the Director of Accounting or the Chief Finance of Officer?

No, Mr. Speaker, Sir, it is not.

Let us go to the one on page 120. It shows voucher No.68458 was issued in the name of---

Ms. Rose Kinya, Mr. Speaker, Sir.

That voucher, according to the IFMIS extract on page 23 of our Vol.2, was paid to?

Mr. Speaker, Sir, it was paid to Ms. Kathure Lukaria Catherine.

Is that an irregularity where the Governor’s sister is the one who surrenders the purported imprest but on IFMIS, the money is misrepresented as being paid to Ms. Catherine Kathure?

Yes, Mr. Speaker, Sir, it is an irregularity

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Does this show why even for people who are not the Governor's relatives, the Impeachment Motion still accuses the Governor?

Sorry, come again.

Does this show the connection between the Governor’s relatives and other irregular payments to third parties?

Yes, Mr. Speaker, Sir, it does.

Still, let us stick to that payment to Ms. Catherine Lukaria. What amount is indicated on IFMIS?

Mr. Speaker, Sir, on the IFMIS extract, it is Kshs107,500

How about the one indicated on the Governor's voucher for that payment?

Mr. Speaker, Sir, it is indicated Kshs117,600.

There is a variance of over Kshs10,000. Is it not?

Yes, Mr. Speaker, Sir, there is.

Would this constitute fraudulent accounting?

Yes, Mr. Speaker, Sir, it does.

Let us come to the specific embezzlement. Let us look at the acceptance of the imprest of page 282 of the Governor’s volume. The signing sheet was for a journey of how many days?

Mr. Speaker, Sir, two days.

Two days. The cover letter is on the previous page. Which page---

Page 281

Okay, page 281. Who are the people going on this journey?

Mr. Speaker, Sir, it is Her Excellency. Bishop Kawira Mwangaza, the Governor; Ms. Miriam Gwathai, the Personal Assistant, who is also the sister to the Governor, Ms. Rose Kinya, a Security Officer to the Governor, who is also the sister to the Governor; Mr. Kenneth Murangiri, indicated as a driver and Moses Kumania indicated as---

Who is Mr. Kenneth Murangiri indicated there?

He is the brother of the Governor.

So, let us now hold the thought that the journey is for two days; the signing sheet is for two days. Let us find out whether the Governor and her delegation went for two days on page 284. That is the work ticket that supports that imprest. On that day, 7th February, where did the vehicle travel to and from?

Mr. Speaker, Sir, it travelled from Meru to Nairobi and back.

Above there, it shows that vehicle was in Meru the previous day. Is it not?

Yes, Mr. Speaker, Sir.

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After that, it shows that the following day, it was also in Meru County. Correct?

Yes. On 8th, the vehicle travelled from Meru County to Laare, which is in Meru County, and back.

So, if the Governor and her relatives signed imprest for two days for a one-day journey, by their own documents, would that be embezzlement of county funds?

Yes, it is since they did not spend even a night in Nairobi City County. They travelled to Nairobi City County and back, then they claimed facilitation for two days.

Has the Governor submitted any supporting document for this unsurrendered imprest such as a hotel booking, boarding passes, receipts for vehicle fuel or any other document that would be required to validate an imprest?

None.

Would that explain why her own officers have refused to validate that imprest?

Yes, it explains why.

Let us look at the work ticket No.824574 at page 276 of the Governor’s bundle. What is the serial number of that work ticket?

Which dates are appearing on the work ticket?

From 1st January, 2023 all the way to 22nd January, 2023.

Let us go to page 118. Is the serial number the same as the one you have read?

Yes.

That same work ticket also appears at page 129, right?

Yes, it does.

On both pages 118 and 129, the dates are in February. Right?

The one on page 118 covers from 1st February to 19th February. The one on page 129 covers from 1st February to 20th February. Among the entries, there is entry on 16th, 18th and 19th. That is the one on page 129.

On 129, the entries are from?

From 1st February to 20th February. However, along the entries, there is a single day that has not been indicated. They have only indicated 16th February, then jumped to 18th February, then 19th and then 20th.

On the second page, it goes to?

It goes back to 17th.

Is that the natural chronology of events or this is an exposed falsification of this document?

It is not. Maybe it is a forged document to try and support the irregularities.

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Let us go to page 104 of the Governor’s document and hold it together with page 204. Can you confirm it is the same work ticket no.824574?

Yes.

The dates are in which month?

The dates on the work ticket on page 204 start from 1st of March to the 18th of March.

Let us now go to page 189 of the Governor’s bundle. Is it the same work ticket?

It is the same work ticket---

The dates are on which month?

1st of April to 23rd of April.

Mr. Mawira, we have seen the same work ticket being given to the Senate in the answer to the charge of misappropriating county funds. Is it possible for a vehicle as busy as the Governor’s to use the same work ticket from January to February to the end of April? Is that something the Senate should seriously believe?

The Senate should not believe that because considering how busy our Governor is, they cannot use the same work ticket for the whole month.

Sir, how many times and how many imprest have been justified using this single work ticket number 824574? How many times has it been used to explain different imprest by the Governor?

They are used 17 times.

Can a single work ticket account for 17 different imprest running across four months?

No, it cannot.

Can you tell the Senate very quickly the pages where you say it has been used 17 times? We do not have to go through each of them given the time.

On the Governor’s bundle, pages 104, 118, 129, 138, 150, 189 up to pages 337.

17 times?

Yes.

Let us look at the work ticket No.810977 at page 319 of the Governor’s bundle. That work ticket has a column for signing by the authorizing officer, number and signature of the person authorizing the journey. Is any of those journeys authorized?

None.

Is it fair to postulate the reason it is not signed by the authorizing officer is that this document is not genuine?

It is true.

Who is the purported authorizing officer as per that page?

Kenneth Murangiri who is the brother to the Governor.

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Mr. Speaker, Sir, can I beg and plead that you give me at least 30 minutes? I said that this is my most critical witness. I can live with the inability to call the others but I crave that you give me 30 minutes to an hour. I will be eternally grateful to you.

Are you, therefore, saying that if you are given 30 more minutes, you will conclude with this witness and forego the others?

I am not saying that. I know it is an impossible situation for everyone, unfortunately, the rules only provide a single day where it is not humanly possible on matters this serious to address it within those times. I beg if it finds favour with you, we can even push the hours and allow me to at least call one or two more witnesses. I can clearly not call all six given that time is moving, but if you give me 30 minutes with this one and allow me to call at least two more, I will be more than grateful.

How long do you intend to be with the remaining two, the ones you intend to call?

Mr. Speaker, Sir, this one is the main witness. The other one will be speaking to very specific allegations. I do not see any of them taking--- If we go by the time we took the first witness, on our part. We took around 15 to 20 minutes with them. The only reason why their session ran into an hour is because the cross-examination was longer. We also took more sessions for interjections from the Senators.

So, if I give you half an hour to conclude with these witnesses, and then 20minutes within which to conclude with your remaining two witnesses, will that be fair?

If you give me 20 minutes for purposes of examination in chief for the two witnesses, it should be enough. However, I cannot take responsibility for how long the cross examination for each of them---

Just speak for yourself. I will come to the---

I will take 20 each for the other two.

Okay. So, the four-hour time period given to you has terminated at 7:13 p.m. So, I am going to grant you 30 minutes to conclude with this witness. We will deal with the Governor’s lawyer when he is on his feet.

Much obliged, Mr. Speaker, Sir. You have been told at paragraph 1.1.11 of the Governor’s response that there is no evidence linking Kenneth Guantai to misuse of county funds and his name does not appear in the IFMIS extract. Is that defense of the Governor consistent with the evidence on record?

No. This is because the evidence is there for all to see on pages 20, 22 and 24 of the IFMIS extract.

So, who again is Kenneth Guantai?

He is the brother to the Governor.

So, when the Governor says he does not appear on the IFMIS as receiving money and it is there in black and white, is that a serious defense?

It is not since it is a misrepresentation of facts.

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It is said that you of all the people made a Facebook post defending the Governor that you are now asking the Senate to remove from office. What is your answer?

Yes, I did, but my support does not give the Governor leeway to breach the law. Also, the support came in before I was seized of the facts before this Senate and the Assembly.

Did you have the benefit of these IFMIS extracts at the time you made this Facebook post?

No.

Did you have the benefit of the documents down before the Senate when you made this Facebook post?

No.

It is said that you, the Speaker and Hon. DMK, made contributions to Okolea . You contributed Kshs100. One of you gave a goat and here you are complaining about Okolea. What is your response?

Even if it were true, it does not explain what county government vehicles were doing at an Okolea rally.

No. Let us begin. First of all, is it true that the Speaker and Hon. DMK made contributions to the Okolea kitty?

I may not speak for the others but I did.

You did?

Yes.

Would the fact that you made that contribution diminish the gravity of the offences the Governor is said to have committed in those rallies?

It does not in any way.

The Governor says that she has a video in which she gives a disclaimer that Okolea is separate from official functions. Is that a valid answer to---

No. It is inconsistent with the evidence that we have adduced.

She tells you if county officials attended the Okolea rally, they did so in their private capacities as members of Vaite Fellowship. Who runs this Vaite Fellowship?

It is the Governor of Meru and her spouse.

So, the Governor and her spouse run a fellowship which is attended by county staff who attends Okolea rallies. Is that a valid defense?

It is not valid

Does that actually confirm the involvement of County staff in Okolea operations contrary to the promises made by this Senate less than a year ago?

Yes, it does.

The Governor says she did not misrepresent her relatives as a technical team. Does the evidence support her?

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It does not.

Does the records say in black and white that they are designated as a technical team?

They were designated as a technical team by none other than the County Secretary of Meru County Government and the Head of Public Service.

The Governor says she did not make this China trip because the relatives she sent were an advance team who discovered the company was not linked to the Chinese Government. To the best of your knowledge, did the Governor seek any travel clearance?

No, she did not.

Is that consistent with the Governor who actually intended there to travel in the first place?

It is inconsistent because in the first place, the Governor should have been in the letter or list that was sent to seek for clearance to travel.

She tells you no public funds were lost on the trip to China. What is your response?

In whatsoever case, if no money was lost, the county lost a great opportunity, considering that there are high incidences of cancer in Meru County. The county lost a great opportunity to address that problem for the great people of Meru County. It is public knowledge that whenever you travel, the cost of the trips are covered by the company. Those who are traveling are paid a quarter per diem .

Would you consider the loss of opportunity greater than perhaps the loss of money or the incidence of cancer in Meru?

Yes, I would.

Mr. Speaker, Sir, I will let my colleague exhaust the remaining bit. I have been standing for quite some time.

Mr. Speaker, Sir, my name is Boniface Mawira and I will proceed with the exam in chief. Mr. Evans Mawira, turn with me to page 347 of the Governor’s bundle. Are you there? What letter do you see at page 347?

It is a letter from the Office of the County Secretary when it comes to deployment of Nephat Kinyua Meme.

Okay. Did the County Secretary have the powers to appoint Nephat Kinyua as Director, External Partnerships?

No, unless the powers were delegated by the County Public Service Board (CPSB), which is not indicated.

Has the Governor annexed any authority to show that these powers were delegated by the CPSB?

None whatsoever.

Is this the same Nephat who was in the Chinese trip?

He is the same person.

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And the brother-in-law to the Governor?

Yes.

Turn with me to page 287 of our volume two. I think it begins at page 284, of our volume two. What document do you see there?

Mr. Speaker, Sir, it is an advert by the office of the County Public Service Board (CPSB).

In which office?

Mr. Speaker, Sir, Office of the Governor.

So, the advertisement is for recruitment in the Office of the Governor. Let us turn to page 287. You can see the advertisement for the recruitment of the director, external affairs. It is for which group?

It is for job Group R.

The requirements for the appointment were?

Served in a comparable and relevant position for a minimum period of five years.

There is also a university degree under (ii). Turn with me page 89, volume two. It begins at page 88. After that advertisement, there is a shortlist of officers in the Office of the Governor. At page 89, you can see the persons who are shortlisted for the position of director, external linkages and the name of Nephat is not among those names.

It is not.

What is the date on page 88 of that shortlist in our bundle?

It is dated 6th September, 2023.

There is a letter we saw on the Governor’s bundle at page 347. I want you to clarify the date.

It is dated 9th March, 2023.

You also confirmed that the County Secretary did not have powers to appoint this director?

Yes, I confirm.

Is it your evidence that the County Secretary in so doing was usurping the powers of the CPSB?

Yes, they did.

At page 287 of our bundle, we have seen that the director is at job Group R. Turn with me to page 343 of the Governor’s bundle. What document has the Governor produced in that bundle?

It is an offer of appointment letter.

Who is it addressed to?

Nephat Kinyua Meme.

In paragraph one, what is the job group of Nephat Kinyua Meme?

He is employed in the position of Pharmaceutical Technologist, job group H.

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Could a person who was employed in Job Group H be appointed to act as a director in job Group R?

That is an illegality.

What is the possible explanation for this irregularity?

You are not supposed to be appointed to act in any position that you are not qualified for.

Would you say that the only reason why Nephat is clearly favoured and jumps from Job Group H to R is because he has a relationship with the Governor’s sister?

Yes, I can confirm.

Okay. Turn to Page 384 of Volume 2. Let us begin at Page 295 and 296. What document is at these two pages?

Mr. Speaker, Sir, it is a notice of redeployment from the office of the governor.

The notice has been issued by which office?

Office of the governor.

Is it actually a redeployment or appointment of Chief Officers (CO)?

Mr. Speaker, Sir, it is appointment.

I remember during your examination-in-chief by learned senior Dr. Muthomi Thiankolu, you said that for the appointment of Chief Officers, the County Public Service Board (CPSB) must be involved.

Yes, it must and also---

It is actually the CPSB that recommends the appointments to the governor.

It recommends and also creates those offices.

It creates those offices, advertises, recruits and submit the names to the office of the governor for formal appointment.

Mr. Speaker, Sir, that is the procedure.

At Page 296 the letter is signed by the County Secretary for the Governor. Could the governor through the County Secretary purport to appoint these Chief Officers without the involvement of the CPSB?

No. That is illegal.

Has the CPSB actually disowned those appointments?

Yes, they have.

Where is the evidence on that?

Mr. Speaker, Sir, the evidence is on page---

Mr. Speaker, Sir, you can turn to Page 384, Volume II in the interest of time.

The evidence is on Page 384; a letter addressed to the Clerk of the County Assembly.

Who has written that letter? In whose letterhead is it issued?

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The office of the CPSB and signed by the Secretary of the Chief Executive Officer (CEO) of the Meru CPSB, who is the CPA Virginia Kawira.

In Paragraph four of that letter, what does the CPSB say?

Mr. Speaker, Sir, it states that the Board is the appointing authority according to Section 64 of the County Governments Act. However, the Board was not involved in the appointment of the acting Chief Officers as per the Act.

The Board actually confirms that it was not involved in these appointments.

Yes, Mr. Speaker, Sir.

Is that an irregularity?

It is an irregularity.

Mr. Speaker, Sir, at Page 295 of Volume II. Specifically, No.18 on Page 296; the appointment of Mr. Kenneth Mwiti Riungu. Is he appointed in an acting capacity or a substantive appointment?

Mr. Speaker, Sir, it is a substantive appointment since it is not indicated if it is in an acting capacity.

Would such a substantive appointment require the approval of the County Assembly?

It requires one.

Was that approval obtained?

No, Mr. Speaker, Sir.

For argument’s sake Hon. Mawira, the Governor has said in her response that the County Secretary is the one who made these appointments. As per the law; the County Government Act, can a County Secretary appoint Chief Officers?

It is not possible and it is contrary to what we have because the letter is signed by the County Secretary for Her Excellency the Governor.

Could the Governor lawfully - even if we are to assume she delegated this authority - delegate the mandate to appoint Chief Officers to a County Secretary?

The law does not allow that or envisage the same.

Is the statutory mandate to appoint Chief Officers not vested in the person of the governor?

It is.

Still on these two pages; Page 295 and 296, Volume 2, who is qualified to act as a Chief Officer? I want you to explain to the Speaker and Hon. Senators.

According to?

I am asking from the persons who have been appointed here as Chief Officers. For example, turn to Page 296 No. 17. You see Mr. Gitobu moving from Meru Municipality to the Department of Lands to perform the functions of a Chief Officer. Can a person who is not a Chief Officer be appointed to act as a Chief Officer in another department?

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No. It requires vetting and approval by the county assembly.

It is your evidence that only a person who is already a Chief Officer can be appointed to act as a Chief Officer in another department. By corollary, in the national Government, only a Principal Secretary can be appointed to act in another state department. If you are not a Chief Offer having been vetted and approved by the county assembly, you cannot be appointed to act as a Chief Officer in another department.

That is true.

What would you say of the appointment of Gitombu Nkanata at No.17?

It is an illegal appointment.

No.15 of Christopher Wamugunda?

It is also illegal.

Number two, this is for the nephew Edwin Muragiri?

It is in contravention of the law.

Who is Edwin Muragiri? On Page 295.

The nephew to the spouse of the governor.

Is it regular for a person who is already in another department, that is Meru Youth Service, a Semi-Autonomous Government Agency (SAGA), to move from a SAGA to the public service and take over the role of acting Chief Officer?

It is irregular.

From the Governor’s bundle on Page 348. This is an appointment letter for Mr. Edwin Muragiri in 2017.

Yes, it is.

He was in job group K.

Yes.

Is it regular for a person in job group K – as we have seen in the case of Nephat in job group H – to jump the stairs or ladder and become a Chief Officer, which is the highest rank in the county public service? Is it regular?

It is not.

Mr. Speaker, Sir, and hon. Senators, turn with me to Page 360 of our volume two. Sorry, from Page 359. You have alleged that the Governor has appointed a bloated workforce specifically in her office.

Yes, it is true.

From Page 359, at the top of the page, what is the title of the document provided by the County Public Service Board?

Summary of appointed persons in the office of the governor from August 2022 to date.

These are persons appointed in the office of the governor from August 2022 when she took the oath of office to date. This is as of 9th October, 2023.

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Yes, because this was when the county Public Service Board gave us this list.

When the County Public Service Board communicated to the assembly vide the letter appearing on Page 354 of our Volume II. The County Public Service Board attaches a list of all the appointed officers in the office of the governor. On Page 360, how many information officers can you count?

They are 10 in number.

Is it reasonable for a governor to have 10 information officers?

It is not reasonable.

I remember during examination in chief you said on Pages 361 and 362 there are 38 cleaners in the office of the Governor.

Yes, they are.

Mr. Speaker, Sir, turn to Pages 369 and 370 of our volume two. What documents are from Page 369 to 370?

They are pay slips.

Pay slips for what job designations?

Pubic communications officer.

The job designation is public communications officer?

Yes.

How many are they?

They are six in number.

Mr. Speaker, Sir, turn to Page 261 of our volume two. That is a notice for shortlist and interview schedule. Correct?

Yes.

At Page 268, how many positions are advertised for the shortlist for public communications officers II and III?

The ones who are shortlisted are 19 in number.

Turn to Page 293 of our volume two. The document begins at Page 284. It is advertisement for recruitment to the Office of the Governor. At Page 293, how many positions have been advertised?

Only three positions.

What is the job designation?

Public Communications Officer II and III.

For Publication Communications Officer II and III, only three vacancies were available.

Yes.

At Page 268 of our volume two, we have seen that 19 persons were shortlisted.

Yes.

Turn to Page 361 of our volume two. I want you to count the public communication officers appearing on that page. That is Nos. 60, 67, 68 and 69. How many are they?

They are four

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They are four officers, right?

Yes.

The four officers were recruited as per this summary provided by the County Public Service Board for all the staff in the office of the Governor from August last year to date.

Yes.

There were three vacancies, you will agree with me from Page 293. There were only three vacancies and 19 were shortlisted on Page 268.

Yes.

Four have been recruited.

Yes, four have been recruited.

As per the summary by the County Public Service Board.

Yes.

That means that one extra person was recruited over and above the vacancies that were available.

That is true.

Of the four, how many appear in that shortlist? On Page 361 of our Volume two, there is Mr. Kaberia Andrew Bundi, Mr. Samuel Mureithi, Mr. Muchobu Dominic Muriki, and Mr. Kiambi Cristus Manyara. How many appear in the shortlist at Page 268? To save time, it is only one person.

Mr. Kaberia Andrew Bundi

Mr. Kaberia Andrew Bundi is the only Public Communications Officer who was shortlisted and recruited?

That is true.

So, the other three who have been hired were not even shortlisted?

Yes.

We now move to Pages 369 and 370 and you will see the payslips. How many payslips can you count for Public Communications Officers? On Page 369, there is one for Mr. Andrew Kaberia Bundi, Mr. Tony Mburugo, Ms. Purity Kajuju, Mr. Erick Gikunda, Ms. Frida Kinoti, Ms. Naomi Kinya.

Yes.

So, six persons are being paid yet there were only three vacancies, and of the 19 who were shortlisted, only one was hired?

That is true

Is that not a glaring irregularity?

Mr. Speaker, Sir, it is a glaring irregularity on the part of the Office of the Governor.

Okay

Counsel, your time is up so, wind up?

Thank you, Mr. Speaker, Sir, for your indulgence. I will not take more than three minutes. In the interest of time, I am not going to the specific page, you have been told that the Deputy Governor has been absent in only two out of the nine Cabinet meetings yet, they say that the Deputy Governor had abdicated his

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responsibility. Are those two defences compatible or are they not consistent with each other?

Mr. Speaker, Sir, they contradict each other and the Deputy Governor has been absent from the Cabinet meeting since May as per the affidavit and the evidence that she gave under oath to the County Assembly.

Okay. We took you through the screen shots of WhatsApp groups and your allegation as per the Motion was that the governor condoned insubordination by demeaning the Deputy Governor in front of his junior staff.

That is true, Mr. Speaker, Sir.

The Governor in her defence says that this group was not just for junior officers, who were the admins, sub-county admins, and chief officers but also members of the public. Is that correct?

That is correct, Mr. Speaker, Sir.

What is your comment on that?

Mr. Speaker, Sir, that makes the matter worse because if the Governor can use such words on a deputy governor in front of the members of the public, then it is very unfortunate.

So, it aggravates the situation, it makes an already bad situation worse.

Yes, Mr. Speaker, Sir.

In summation, your closing remark, what would you like to say or what would you want the Senate to do to the people of Meru County?

Mr. Speaker, Sir, I pray to this Senate to listen and interrogate the evidence that the Assembly has submitted and make their decision based on the evidence that they have adduced. Last time on the report of the Senate, the County Assembly was told that we did not prove our case and, therefore, I ask the Senate to save the people of Meru County from the problems that they are facing.

Do you confirm that you have evidence running into 448 pages in our volume two?

Yes, Mr. Speaker, Sir, I confirm.

Very well. That is all for the examination, Mr. Speaker, Sir. Thank you for your indulgence, we appreciate it.

Thank you. Counsel for the Governor, you may now proceed to do your cross-examination. However, before you start, by indication, how much time do you think you will require to do the cross-examination?

How much time do you think you would require to do the cross-examination?

Mr. Speaker, Sir, for record purposes, my name is Elias Mutuma, Counsel representing the governor. I note that the witness that has just left the stand has taken close to four hours in examination in chief. For parity of arms and to ensure that I impeach each and every allegation and also have time to play some of the videos that are going to disagree with some of the assertions, I will not need less than two and a half hours to do my cross

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examination. It is only fair that the governor is given a chance to defend herself through cross- examination. It is what she came here to do.

You have two hours. Please, proceed.

Thank you, Mr. Speaker, Sir. Mr. Mawira, good evening?

Good evening, counsel.

You are the mover of this Motion that saw the governor get impeached at the county assembly.

Yes, I am.

You have accused the Governor of misappropriation and misuse of county resources. Specifically, you accused the Governor of among other things, embezzling county funds through her sisters, namely; Rose Guantai and Miriam Guantai, brother Kenneth Guantai Murangeri, brother in law, Nephat Kinyua and the nephew to the governors husband that is Edwin Mutuma Murangeri. Those you call the ‘governors relatives.’ Is that your position?

Yes.

Confirm that in your Notice of Motion for impeachment, at no time did you term Kathure Rukaria and Jane Karimi as the Governors’ relatives.

I did not.

I will come back to Rose, Kenneth and Miriam. Let us go to Nephat Kinyua. Was your assertion that Nephat is a relative to the governor?

Yes. In relation to that, they have an affair with the governors’ sister.

I want you to read Page six, volume one of your Notice of Motion. How do you describe Nephat Kinyua?

Brother-in-law.

What would that mean? That Nephat is married to one of the governors sisters?

Yes.

Is that still your position?

It is.

What is the evidence you brought before the county assembly and this Senate to confirm that Nephat Kinyua is married to Miriam?

I said it is in public knowledge. It is also alleged that when they travelled to China, they spent in one room.

So, there are two sources of information. What you call public knowledge---

Public knowledge and pictures circulating on social media.

Have you brought the photos that are circulating on social media?

I have them, but unfortunately, they were not---

You did not. Have you brought this other source called public domain, to the Senate for the Senate to confirm that part?

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Anyone in Meru knows that you can confirm its true.

Anyone in Meru, but do the Senators here know that Nephat is the husband is to Miriam?

I will share the photos that I have with the Senators.

So, you have no evidence whatsoever before the Senate neither did you produce any evidence at the County Assembly to prove that fact. Yes or no?

Sorry?

You did not produce any piece of evidence to confirm that Nephat is married to Miriam. Either at the Senate or at the County Assembly. Yes, or no?

There is none that is adduced to the evidence.

So then, that assertion remains unsubstantiated.

It is substantiated from my knowledge and public knowledge.

Let us look at Page 342 of the governor’s bundle of documents. It is the big blue book. What is it that you find at Page 342?

It is a certificate of marriage.

Who are the parties to the marriage? Nephat Kinyua and Winfred Kinya. To the best of your knowledge, is that a monogamous or a polygamous marriage?

It is a monogamous marriage.

Are you alleging that Nephat is divorced?

I have not alleged so.

So, in the wake of that marriage certificate, which is a Government confirmation and your public domain and rumours on social media, do you still want to stand by your position that Nephat is married to Miriam?

They are both valid.

Between the two, which one do you want the Senate to take? Evidentially material and your rumours?

No rumours but I will leave that to the discretion of the hon. Senators.

Mr. Mawira, I want to put it to you that you lied to have the governor impeached by purporting that Nephat is married to one of her sisters. What do you say?

It is not true.

Let us go to Edwin Mutuma Murangiri. Again, you alleged that this gentleman is related to the governor. How are they related?

He is a nephew to the spouse of the governor.

Nephew to the spouse of the governor and the spouse to the governor is one Murega Baichu. Correct?

Yes.

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When you talk of a nephew, you then purport that Edwin Mutuma is a son to either Murega Baichu’s sister or brother. Is that my understanding?

Yes.

Who is the mother to Edwin Mutuma Murangiri?

I cannot confirm the name.

Who is the father to Edwin Mutuma Murangiri?

I can still not confirm their names, but I know them physically.

How is this Senate supposed to know their relationship if you cannot even tell the brother or the sister who is the parent to Edwin Mutuma? Is there a way of telling from your evidence?