Clerk, do we have quorum?
Sen. Orwoba and Sen. Beth Syengo, take your seats so that we start this afternoon’s business.
Clerk, you may proceed to call the first Order.
Hon. Senators and parties to this impeachment proceedings, we are first going to hear the case of the County Assembly. Counsel for the County Assembly, you have four hours to present your case. The four hours include the evidence-in-chief, cross-examination and re-examination. 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.
This is how we are going to conduct this investigation. You will call a witness, they will be sworn in, and you will lead them in evidence-in-chief. Thereafter, they will be cross-examined by the team for the Governor. You will proceed to re-examine the witness and, thereafter, the Senators will be allowed to seek any clarification or ask questions to that witness. The time taken by the Senators to seek clarification from that witness or to ask questions shall not be put as part of the four hours that have been given to you. Therefore, when the witness is responding to queries or questions from the hon. Senators, time will be frozen, so that you have your maximum four hours to put across your case. I hope that clarity helps. Therefore, Counsel for the County Assembly, the Floor is yours. You may proceed to call your first witness.
Thank you, Mr. Speaker, Sir, and Members of the Senate. With your permission, allow me to call to the stand, our first witness, Hon. Zipporah Kinya.
Please, introduce yourself to the House.
Thank you, Mr. Speaker, Sir, and hon. Members---
Sorry, you will have to take oath.
Thank you. Go ahead to introduce yourself to the Senate.
Mr. Speaker, Sir, I am Zipporah Kinya, a Member of the County Assembly of Meru, specially elected by the United Democratic Alliance (UDA) Party. I am the Deputy Leader of the Majority Party and I also represent the 817 women and girls of Meru County in the Assembly.
In respect to this Motion, what was your role?
My role in this Motion is that I am the Mover. I moved this Motion in the County Assembly of Meru. I drafted it because I felt there was need to remove the Governor of Meru County, Hon. Kawira Mwangaza, from office through impeachment.
In the processes and your decision to move this Motion, were you actuated by malice, ill will, vendetta or any other motivation against the Governor? 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.
Mr. Speaker, Sir, in an attempt to move this Motion, I have championed for good governance, accountability and respect for the rule of law in Meru County since I joined the County Assembly. I was guided by the need for the people of Meru to get services and the right services. That was the reason I moved this Motion in the County Assembly of Meru.
That statement you have just made before the House, is it the general perception and view of the entire House or was that the view of Zipporah Kinya?
Once I introduced this Motion before the Members of the County Assembly, my Motion was supported by 49 Members of the County Assembly (MCAs) out of the 69, as per the law. I believe the MCAs agreed with me that there was need to move this Motion in the County Assembly.
Was there any type of inducement from any other quarters that perhaps may have triggered you to move this Motion?
Mr. Speaker, Sir, absolutely none.
Just before we broke for lunch, there was a video that was played before the Senate. We would like you to comment on it. Before the video was played, was there public participation that was carried out?
After I read a Notice of Motion on 31st July, 2024, public participation was done on 5th August in the 45 wards of Meru County. This exercise was very successful and it was both qualitative and quantitative.
What do you mean by both qualitative and quantitative?
The public participation was successfully qualitative because the residents of Meru County were given an opportunity to give their views, through written memoranda and attending public participation in the gazetted venues. They also gave their views through electronic media.
Through the analysis of the percentage of the public participation, how many were in support of the impeachment---
Apologies, Counsel for the County Assembly. Hon. Members, kindly be seated and be silent as the County Assembly is presenting its case. Let us hear the witness in total silence. Proceed, Counsel.
I put the question to you on whether you did an analysis of how many members of the public were in support of the impeachment and how many were against the same?
Mr. Speaker, Sir, about 85 per cent of the public participation participants presented oral and written memoranda in support of the Motion to impeach the Governor. That meant that 15 per cent of the participants opposed the Motion to impeach the Governor of Meru.
Is that evidence before the Senate, and if yes, kindly answer on the same? 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.
The evidence is here before the Senate and it is in our documents on public participation, Vol. 5.
Is that the big volume?
Yes.
Kindly point out the page.
Page 14.
Before we play the video, when was the Motion moved?
The Motion was moved on the 8th of August, 2024.
Were there events that preceded the debate of the Motion? If yes, would you kindly indicate them?
Before the Motion was moved on 8th August, 2024, there were events that preceded the Motion. One of them, notably, was the attempted razing of the County Assembly while the Members were inside.
When you speak about attempts to raze, what exactly happened? The Senators were not present, they might want to understand the situation.
There was an attempt to burn the County Assembly of Meru at around 3.00 a.m. while the Members were inside.
How was that situation arrested and who arrested it?
The situation was arrested by our Serjeant-at-Arms and security personnel that were deployed around the Assembly that night and even the previous night. The security personnel also assisted in putting out the fire.
You said that then the fire was lit? Is that what you are saying?
Yes, the fire was lit. It was a petrol bomb. It was a petrol bomb that was thrown on the roof of the County Assembly from the Meru Law Courts. The Meru Law Courts borders the County Assembly. Somebody climbed through the roof of the Meru Law Courts and threw a petrol bomb at the Assembly. I was inside. I could not even wear my pair of shoes to run out. I ran out barefooted that night because the roof had started to burn and we could see the fire from inside.
That is okay. What were you doing at the County Assembly at 3.00 a.m.?
We were in the County Assembly because of security reasons. There were so many threats to our lives. I would like to report to this House that there was a fire attempt even my home. Fire was thrown in my house. So, we were in fear that we would not get to the Assembly. Some people had threatened that they would block all the roads such that we would not get to the Assembly.
So, do you have evidence of such kind of threats before this Senate? If yes, would you like us to see it?
The threats were given by some members of the public. I believe we have some videos that can show that, including a video of attempted arson in my home.
So, we play video nine in the Assembly bundles? As you prepare to play video nine, in summary, whom do you attribute or where were they coming from? 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.
In summary, the threats were coming from the supporters of the Governor of Meru County.
Let us play video nine.
As we watch, you can explain what is happening to save time.
Somebody has just come and poured some petrol across the fence from my neighbour.
Then the person threw fire from my neighbor’s side. Then the watchman, who was awake realised that there was some fire. He told me that he heard something being thrown there and then he heard some noise. So, he went to check. That was when he found fire. It is the watchman now who went to call the other workers who came to put off the fire.
Where was that fire, briefly?
It was just next to the cowshed.
Whose cowshed?
My cowshed.
Is that in your compound?
It is in my compound.
Was that done during the subsistence of the Motion or before the Motion?
On the eve of the Motion.
Is that why you are saying that you feared for your lives?
I would want to clarify to this Senate that I had tabled another Motion before this one that was stopped by the court. The night that I was to move the Motion is when the fire attempt was made. So, in the following Motion that I tabled, we decided now to sleep in the County Assembly because our security was not guaranteed.
Thank you. Were there members of the public who publicly exhibited conduct of posing threats to the County Assembly?
Yes.
Do you have evidence before this Assembly?
Yes.
Would you want us to play video No.7 of a transcribed public participation video?
Yes.
Please, have it played. Video No.7 of the County Assembly transcribed public participation. Not that one. The folder is called ‘evidence of public participation.’ Yes, that one.
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Would you explain to the Senate who that is, what was happening and when it was happening?
Mr. Speaker, Sir, that is an employee of the Meru County Government working in the office of the Governor and he is threatening the members of the public not to participate in the public participation. He is saying that there will be no public participation in the whole of Buuri Sub-County because they do not want it to be carried out by the Meru County Assembly. He is threatening that they are going to ‘choma’. Mr. Speaker, Sir, and hon. Members, I believe everybody understands what he is saying in Kiswahili. He said that “tutachoma na tutachoma.”
Do you know his name?
Mr. Speaker, Sir, he is Martin. I do not know his official name, but his name is Gachege.
Were those threats actualized?
Those threats were actualized by trying to ‘kuchoma’ the County Assembly.
Were there people who were arrested, and if yes, were they charged?
Yes, Mr. Speaker, Sir. About 16 young men were arrested and charged in the Meru Law Courts for the acts.
Do you have evidence of them being charged or a video?
Yes, I have a video.
Would you ask to play it?
Yes, Mr. Speaker, Sir.
Could you kindly play video Number 10? Under the folder; video in support of the impeachment Motion. As we wait for the video, do you have any charge sheet before this Assembly?
Yes, Mr. Speaker, Sir.
Would you lead us to where the evidence is to be found?
The evidence on the charge sheet is found in the County Assembly documents, volume four, page 571.
Briefly, could you read out the particulars? As you do so, what is that video about? Kindly speak to the video and the charge.
Mr. Speaker, Sir, the video is about the young men who were arraigned in Meru courts for the attempted arson on the night of the Motion in Meru County Assembly.
Thank you. Kindly read out the particulars of the charge.
The charge is preparation to commit a felony, contrary to Section 308 of the Kenyan Penal Code. On 8th August, 2024, at Meru County Assembly area in Imenti North Sub-County, within Meru County, jointly armed with the articles for use in the cause of connection of burning the premises of the County Assembly; three bottles of petrol, four motor vehicle tires, and five stones were found in a motor vehicle make Sienta, registration No.KDB704A, light blue in color. The date of arrest is 8th 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.
August, 2024. The suspects were in custody by the time of the preparation of this charge sheet on 8th August, 2024.
Witness, do you recall the video that was played by the Governor before we went for break?
Yes, Mr. Speaker, Sir.
I want you to speak to the said video No.VKM18. Kindly play it. As we await that, do you, with all the persons you represent this afternoon, associate yourself with the content, the sentiments and the views of that person who spoke?
Kindly play the video that was played just before we went for a break.
Kindly pause it. Who is that speaking?
Mr. Speaker, Sir, and Hon. Members, that is a political activist from Meru County.
Is he a Member of County Assembly (MCA) of Meru County?
Mr. Speaker, Sir, he is not a member of the Meru County Assembly.
Is he an employee of the Meru County Assembly?
Mr. Speaker, Sir, he is not.
Evidence was laid that he is the Secretary General (SG) of the Mbus party. Yes?
He is not the Secretary General (SG) of the Mbus party.
Who is the SG of that party?
The SG of the party is Milton Mugambi Imanyara.
Milton Mugambi Imanyara? Where do you get that evidence from?
Mr. Speaker, Sir, I got the evidence from Gazette Notice No.5805 dated 9th May, 2024, by the Political Parties Act.
It was alleged that the association of that video, was that there were 20 MCAs from the said political party who are supporting the Motion. Yes? Do you recall?
Yes, Mr. Speaker, Sir.
What is your testimony in that respect? Are all the members of the party supporting the Motion?
No, Mr. Speaker, Sir.
Proceed.
Mr. Speaker, Sir, only three of them do not support the Motion. They actually voted against it. 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.
Were they removed from the committees?
No, Mr. Speaker, Sir.
What is the current association of Mr. Mugambi, the SG of the Mbus party, with the Governor?
The current SG of the Mbus party has been nominated for appointment as the new legal advisor of the Governor of Meru County. His recruitment is in the process.
What did you say? He is currently---
Mr. Speaker, Sir, currently, he has been nominated as the legal advisor of the Governor and his recruitment is in the process in the County Public Service Board (CPSB).
The Governor has a closer association with the said party, correct?
Yes, Mr. Speaker, Sir.
Before the proceeding of this Motion, did you get any letter from any political party trying to advise you on how to proceed?
No, Mr. Speaker, Sir.
Do you recall receiving the letter from the United Democratic Alliance (UDA) political party?
Mr. Speaker, Sir, I did not receive any letter from the UDA political party. I just saw it on social media.
Yes, but to whom was it addressed and what was the content of the letter?
Mr. Speaker, Sir, it was addressed to me and the instruction was that I withdraw this Motion from the County Assembly. However, I never received any letter.
Who was the author of the letter?
Mr. Speaker, Sir, the UDA party SG, Cleophas Malalah.
So, with all that, what motivated you then to bring this Motion?
Mr. Speaker, Sir, I got motivated to bring this Motion because, as I said, when I started, it was in pursuit of good governance and accountability. It was also for the people of Meru County to get quality services from Meru County Government.
In the opening remarks by my senior learned counsel, Mr. Ongoya, it was alleged that you had promised in advance to bring a motion of this nature. Yes?
I did not promise to bring a motion of this nature.
Do you have any evidence that perhaps may be beneficial to the Senate, where you might have made public remarks in respect to the question of accountability of the Governor?
Mr. Speaker, Sir, and hon. Members, there is a video that has been circulated since I moved this Motion in the County Assembly. It has been 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.
circulated on Baite TV several times and I am very sure that video is an abstract of what I said. I have a full video of what I talked about during that media interview.
Do you wish us to have the same played?
Yes, I would wish the extract is played and then, my video is played to ascertain that the extract was meant to mislead the people of Meru, the people of Kenya and also this House.
Thank you. Would you kindly then have video No.1 VKM1 in the Governor's folder played.
Hon. Senators, I am sure the majority of you may not understand that language and I can see the translation is running quite fast. Do I then make an application that will be provided with an interpreter or the transcripts are clear?
Well, unless hon. Senators are doubting the English translator---
I am well guided, Mr. Speaker, Sir.
If they have any difficulties, they will certainly make their position known.
I am well guided, then let us proceed.
Let us play video two in our bundle of document. As we play, what was the context of that video?
Thank you, Mr. Speaker, Sir and hon. Senators. That video is just a small extract of the media interview that I had done that day. Fortunately, or unfortunately, I had done that media interview when another impeachment was being considered in this House. It happened that there was a problem in a village where I last taught as a teacher. The village had lost around 20 cows and they were feeling that they needed vaccination services from the County Government of Meru. Those are the issues that made me to do that media interview, asking the County Government of Meru to give the people of Meru services and quality services.
When was this?
That was around the time that the other impeachment was in this House. There was an outbreak of a disease in that area.
Do you have the full text of that video?
Yes.
Would you wish to have it played?
I would wish to have it played.
In our bundle of document, video No.2, the County Assembly. 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.
Counsel, before you play that video, we have one of our Senators, Sen. Crystal Asige, who is visually impaired and she may not be able to see the English rendered translation. In this case, we may need a translator to translate it and explain by word, so that the hon. Senator can be comfortable with the translation. Can we have a translator coming in, please?
I am well guided. We can perhaps be proceeding with the other bit of evidence as we await the translator?
Sure, proceed.
Most obliged. Let us now go to the averments and claims in the Notice of Motion. We begin by looking at issue No.1; illegally revoking the appointment of CPA Virginia Kawira. Yes?
Yes.
That is one of the grounds that you want to move the Senate to impeach the Governor on. Correct?
Yes.
How was this illegal? Why should the Governor be held accountable for this?
Thank you, Mr. Speaker, Sir, and hon. Senators. My first ground is on gross violation of the Constitution and other laws. I have accused the Governor of illegally revoking the appointment.
I beg your pardon. Mr. Speaker, Sir, the translator has come. Perhaps then we can deal with the first issues.
Very well, you may proceed to play the video.
Video No.2 in our bundle of videos, the County Assembly. That is the video in support of the Impeachment Motion.
Not that one. The folder appearing as videos in support of the Impeachment Motion.
Yes. You can interpret.
Thank you very much, Mr. Speaker, Sir, and hon. Members. My name Muthengi Mpara from Kenya Broadcasting Corporation (KBC), Mwago FM. We are here as translators. I am with my friend Dan.
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According to the Mover of the Motion, Kawira Mwangaza has failed the Meru Community, now that she is not providing services to the community. That is the reason cows are dying. She says that even buying cows for people in the villages does not make sense because she cannot even vaccinate to prevent them from dying. On the issue of doctors---
What is your issue, Sen. Crystal Asige?
Mr. Speaker, Sir, since Meru County Assembly has brought the impeachment Motion here for a third time, they should have known that there is a Senator with visual impairment. What is happening is paraphrasing of the video clip and not direct translation. The video has been played for almost two minutes, but the translator has paraphrased it for about 15 or 20 seconds. It means it is not a direct translation but paraphrasing. To me, that is unacceptable. Everyone else can see every single word. I feel that the translator should do a better job. Otherwise, we should bring somebody else who can translate verbatim. I thank you.
Counsel for the County Assembly, I thought that as the video was running, the translator was taking notes, so that they can translate verbatim? We will replay that video one sentence at a time, so that it becomes a true rendition of what is said in that vernacular. Secretariat, I do not know of the available technology. I have witnessed a tendency where you pause and it disappears altogether. Are we able to pause after one sentence to take a translation, then proceed, or is it that if we pause, the video disappears altogether like I have just witnessed?
The translation for that is that a cow producing 20 litres of milk costs Kshs200,000.
Which translates closely to Kshs4 million that Meru farmers are losing.
Those ones are from the Chairman of Oruko Dairy who has explained the loss that dairy farmers have incurred. He goes ahead to add the grievances.
Those grievances are from the farmers because many dairy farmers there are incurring many losses.
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Their cows are dying every day because there is no vaccination for skin diseases.
The nominated MCA, Zipporah Kinya (ZK), has come out to talk about the issue.
She has come out to discredit the governance of Meru Governor, Faith Kawira Mwangaza.
She has been saying it is bad for the service of Meru.
When the Governor is providing services to the community by giving one person one cow---
When the Governor is giving one cow in every sub-county and forgetting the people, she has forgotten people who are losing their cows. There is no single cow that was taken to the villages of Oruko.
That is why I am here to say that that government cannot fit even a day.
That is why we are telling the people of Meru and the people of Kenya that Governor Kawira Mwangaza cannot deliver.
You cannot have a budget of buying one cow for one person and leave 20 cows for people who were not given the cows to die.
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ZK continues to say that in---
Keep playing the video.
She adds that, after Governor Mwangaza made transfers, she brought in other people who are not competent. She transferred David Mugambi, who was a Doctor of Philosophy (PhD) holder from that Ministry and taken to Kaguru. Mugambi does not work anymore. She alludes that the Governor took a young man who was not competent. There is a rumour that the person who was brought in is related to Murega Baichu. This person was given the work of livestock and veterinary services. The main work they are doing in that office is allocating a lot of money, saying that they are working. There is nothing they are doing.
Let us stop at that. Would you put context to that video?
Thank you, Hon. Speaker, Sir and Members. I have said that it was a call from the farmers. Having worked as a teacher in that village, those farmers expressed their frustrations to me. That is what I was addressing. Hon. Speaker, Sir, I have mentioned an issue of cows that succumbed to a disease outbreak. When the farmers sought help from the offices, they did not get any. As someone who was close to them, I took an initiative and called the Director of Livestock and Veterinary Services, who was my former colleague at the county government. When I asked him why there was an outbreak that had not been attended to, he told me that he had just been transferred from the office and taken to Kaguru. I would like this House to note that the Director is the substantive Director for Livestock Development and Veterinary Services in Meru County, but he was displaced for no good reason, yet cows are dying in Meru County. That was my great concern. So, at the end of the video, that is where I am saying, because the government is not sensitive to the cry of the people of Meru County, even if it means taking the Governor several times for impeachment, we shall do it because we cannot let the people of Meru County suffer. The Constitution of Kenya is clear that it does not matter how many times somebody violates the Constitution, the remedies should be sought.
Thank you. Is that one of the pieces of evidence of the breakdown of delivery of services in Meru County?
Yes.
Let us go to Ground No.1. Hon. Senators, I will be referring largely to volume II of the bundle of documents - Exhibits in Support of the Impeachment - when delivering this ground. It is a volume that appears in this colour. Kindly, Hon. Senators, turn with me to page one of the said bundle. You have alleged, and you want the Governor to be removed from office for illegally revoking the appointment of Virginia Kawira. 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.
Yes.
Who was Virginia Kawira?
Virginia Kawira is the current County Secretary/Chief Executive Officer (CEO) of the Public Service Board, Meru County.
Why are you saying that there was an illegal revocation?
The Governor of Meru County, through a letter dated 8th March, 2024---
Hon. Senators, the letter appears at page one of that Volume. Proceed.
The Governor of Meru County, through a letter dated 8th March, 2024, wrote to the Secretary of the County Public Service Board. The reference of the letter is- Revocation of your Appointment as the Secretary/CEO, Meru County Public Service Board.
Why are you calling it illegal revocation? Was the right procedure followed in the revocation of the appointment?
I call it an illegal revocation because the appointment of the CEO of the Public Service Board can only be revoked with a vote of not less than 75 per cent of all the Members of the Meru County Assembly.
Was this process subjected to the County Assembly?
No.
Hon. Senators, kindly refer with me to volume III. It is a green bundle that appears like this. Please, turn with me to page 51. It is a bundle that contains the laws applicable. In this case, we will be relying on section 58(5). That is page 51 of this bundle, volume III. What does that provision say?
Provision No.5 of the County Government Act says- “The Members of the Board may be removed from office- (a) on grounds set out for the removal of members of a constitutional commission under the article 251 (1) of the Constitution, (b) by a vote of not less than 75 per cent of all the Members of the County Assembly.”
Is that, therefore, the violation that the County Assembly is aggrieved of?
Yes.
Was the Constitution under Article 251 followed in her removal?
No.
Hon. Senators, 251 is at page 28 of the same bundle. Did Governor Kawira follow the provisions of Article 251 of the Constitution?
No.
Does that, therefore, amount to a violation of the Constitution and any other written law?
Yes.
Were the grounds under Article 251 met? 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.
No, they were not met.
Have you seen the Governor's evidence and response indicating that she revoked her appointment pursuant to an advisory by her legal advisor?
Yes.
Does an advisory by a legal advisor supersede the provisions of the law?
No.
Have you made an application before the Senate this morning to summon the said legal advisor?
Yes.
Is it your testimony that the documents that we raised in the morning amount to a forgery?
Yes.
Have you called a witness to testify to that effect through the summoning by the Senate?
Yes.
Did the County Assembly take any action in that respect?
The County Assembly has taken the action of charging the Governor or putting her to task because of this illegal revocation. I remember we came here again with the same issues.
What were the reasons contained in the said letter? What were the reasons for her revocation?
The reasons for the revocation are that the Secretary/CEO did not seek the leave of absence through the right process, and again, the reasons---
Yes, are you referring to page one of the said volume?
I am sorry for that mishap. I am noting that the reason for the Governor revoking this appointment is found on page 1 of Vol 2.
In summary, please.
In summary, it says that the officer did not--- Let me read the second paragraph on page 1 of Vol.2- “It has now been brought to my attention that apparently you did not relinquish your position in the County Public Service before assuming this role in your appointment. The County Government Act expressly disqualifies State officers and public officers from the positions created under Section 58(1) of the Act. Being a public officer, you are thus disqualified from the position of the Secretary to the Board.”
Were there other subsequent advisories from any other constitutional organ in that respect?
Yes.
Do you have that evidence before the Senate? If yes, lead us to the page.
Mr. Speaker, Sir, it is on page 2of Vol.2.
Would you kindly identify that letter?
The advisory on revocation of the appointment for Ms. Virginia Kawira Miriti. 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.
From whom is it?
It is from the Chairman of the Meru County Public Service Board.
Who is the recipient or the addressee of that letter?
Her Excellency, Hon. Bishop Kawira Mwangaza, the Governor of Meru County.
When is it dated?
It is dated 12th March, 2024.
What is the advisory in conclusion?
Mr. Speaker, Sir, Page three of Vol.2, the last paragraph states- “In conclusion, it is the Board's considered opinion that your letter dated 8th March, 2024 to Ms. Virginia Kawira Miriti, revoking her appointment as the Secretary/CEO of the Meru County Public Service Board is not legally binding as the officer is duly appointed as per the existing laws.”
Thank you. Did the Governor respond to that letter?
Yes.
Do you have evidence before the Senate? If yes, kindly lead us to the same.
On Page four of Vol.2, the Governor writes back.
Who is writing back?
The Governor writes back.
When is the date of the letter?
12th March, 2024.
Who is Mr. Julius Kayenga Mwitu?
Mr. Julius Kayenga is the Chairman of Meru County Public Service Board.
Is he the recipient of that letter?
Yes.
Who is the author of the letter?
The author of the letter on page six of the same bundle that is Vol.2 is Her Excellency Bishop Kawira Mwangaza, Governor of Meru County.
Would you kindly read the conclusion?
Mr. Speaker, Sir, on Page five of the same volume, the last paragraph states- “In conclusion, Ms. Virginia Kawira Miriti failed to resign as a public officer before taking the position of the Secretary of the County Public Service Board, despite promising, the appointment amounts to an illegality and as such, I have revoked the same to cure and correct this irregularity.”
Between the Governor and the County Assembly, who was supposed to make a finding of whether the process was illegal or not?
The County Assembly.
Thank you. Do you have any other advisory in that respect? If yes, kindly read us the page that contains the same. 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.
Yes, there was another advisory on the same.
From whom?
From the Public Service Commission.
When is it dated?
16th February, 2023.
Who is addressed on that letter?
The letter is addressed to the then acting Chief Officer, Department of Legal Affairs, Public Service and Management, County Government of Meru.
What is the content of the letter?
Advisory on Leave of Absence for serving County Public Officers wishing to take contracts as County Chief Officers.
What did the Commission say in respect to leave of absence? Is a person who is on leave of absence deemed to be holding two jobs at the same time?
No.
Would you kindly read the conclusion to that letter?
The conclusion on page eight of the same document, that is volume two, reads as follows- “Please note that care must be taken to ensure that leave of absence is only granted for employees that take up contractual positions that are not within the staff establishment of the county. Leave of absence may be therefore applicable to employees appointed to positions of the County Secretary, Members of the County Executive Committee, Chief Officer, personal staff of the Governor, and Members of the County Public Service Board and the County Assembly Service Board, or other contractual appointments in other bodies outside the County Public Service to which an officer cannot be seconded or transferred.”
So is it your evidence, therefore, that they said Virginia had qualified for leave of absence?
Yes.
What circumstances is she holding the current position? Is she permanent and pensionable or she is on contractual basis?
Virginia Kawira is on a contract of six years as required by the law.
Have you lined her up as a witness before this assembly?
Yes.
Do you have evidence that the Governor never heeded to that advice, yes?
Yes.
What did she do therein after?
The aggrieved person, that is Virginia Kawira Miriti, went to court and she is in the office, courtesy of a court order.
Do you have that evidence before the Senate?
Yes, it is on page nine.
Is that a copy of the court order? 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.
Yes.
Do you have the court pleadings before the Senate to prove your case?
Yes.
Would you wish to tender them as evidence before this Senate?
Yes.
In summary, in respect to that particular ground, was the revocation lawful?
Mr. Speaker, Sir, it was not.
Did it violate the Constitution?
It violated the Constitution.
Did it violate Section 58(4) and (5) and Section 59(a) of the County Governments Act?
Yes.
Did it violate Article 251 of the Constitution?
Yes.
Is that a ground under Article 181 and Section 33 of the removal of a Governor?
Yes.
Thank you. Let us go to the next point. Failing to appoint the chairpersons of Meru County Revenue Board and Meru Microfinance. Before we go to that, has this revocation of CPA Virginia Kawira affected service delivery in Meru County?
Yes.
In which way has it affected service delivery?
Mr. Speaker, Sir, it has affected service delivery in Meru County because the County Executive has really, in many times, usurped the powers of the Meru County Public Service Board and because of that, then the Meru County Public Service is not running well.
Thank you. Does this conduct of the Governor promote confidence in her office?
No.
Does it promote good governance?
No.
Does she exhibit accountability to the people of Meru County?
No.
Does she respect the sovereignty of the people when she goes on and ignores the performance of the County Assembly? Does she uphold the sovereignty of the people as enshrined in Article one of the Constitution?
No.
Does it violate the provisions of Article 73 of the Constitution under the Leadership and Integrity Act? 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.
Yes.
Thank you. Let us proceed to issue number two. You say that she must be removed from office and you crave this Senate to do so, for having failed to appoint the chairpersons of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board and Meru County Investment and Development Corporations as required by the law, thus failing to operationalize the said boards and or illegally appointing the chairperson. Yes?
Yes.
Why do you want her to be removed from office on that basis? How has she failed to appoint the chairperson of Meru County Revenue Board?
The Governor has failed to appoint the Chairperson of the Meru County Revenue Board because after the expiry of the terms of office of these boards, they have had no board chairman. I believe the board members because we have not seen any board member gazetted after the expiry of the other board members. Therefore, by not appointing the board members who are the ones supposed to supervise and also ensure accountability in these boards, this means that the secretariats of these boards have continued to expend public funds without authority and this is an action that may be subject to abuse. I believe when the board is not constitutionally constituted, it amounts to abuse of office and a violation of the statutes that govern that institution.
Who was responsible for appointing the chairpersons of these boards?
The Governor.
Is there any Act of Parliament or Act of the County Government of Meru indicating so or giving her the power to do so?
Yes.
Would you kindly read us to that provision before the Senate?
Just a moment.
As you proceed to indicate to us, how has this affected the delivery and the performance of the County Government of Meru?
I have said it has affected the development and performance of the County Government of Meru because in the budget, these boards are allocated millions of money. These are public funds that should be spent prudently with a lot of accountability and supervision. Additionally, these boards are the ones that approve expenditures for these bodies. The board is the one that approves expenditures for the boards. It means without a board, there is no approval of expenditure and accountability.
Can the board secretariat undertake that function in the absence of the chairman?
The secretariat has no mandate from the county laws and statutes to undertake any spending without the approval of the board.
Can you kindly lead the Senate to the law that says it is only the Governor who can appoint the chairpersons? 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.
The Meru County Revenue Board Act section six talks about the composition of the board and Section 6 (1) (a) talks about – “The board shall consist of- (a) a non-executive chairperson appointed by the Governor with the approval of the County Assembly;”
Who are the other members?
The other members of the board are- (b) the chief officer for the time being responsible for finance; (c) the chief executive officer who shall be an ex-official member and the secretary to the board; (d) two professionals appointed by the Executive Member through a competitive process in consultation with the Governor; and, (e) not more than two-thirds of the members shall be of the same gender.
So, according to that provision of the Act, it is only the chairman who is an outsider from the existing systems of the county government, yes?
No.
Who else is a member?
There are two others members I have just read.
Is that meant to enhance accountability in the boards?
It is meant to enhance the accountability in the boards.
In the absentia, can the accountability be enhanced or upheld?
It cannot.
Can the Secretariat expend monies allocated to the board in the absentia of the chairperson?
No.
Has these boards been expending money?
Yes.
Do you have evidence before the Senate?
Yes.
Kindly lead us to that provision where the evidence is found.
It is in another volume.
Hon. Senators, kindly go with me to volume two at page 383. Kindly lead the Senators to understand that piece of evidence, count by count. You can see where we have number one? Yes?
Yes.
It is Meru County Microfinance Corporation, correct?
Microfinance Corporation.
The next column speaks about approved budget allocated for the year 2023/2024. Yes?
Yes.
How much was allocated? 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.
The allocation for the financial year is Kshs76,155,481.
The next column speaks about exchequer issues, yes?
Yes.
How much is the exchequer?
Kshs51,911,631.
Then the next column speaks about actual expenditure, correct?
Yes.
How much has been expended?
Kshs63, 201,198.
The next column speaks about submission of financial statements as at 31st March 2024, yes?
Yes.
What is the status?
Yes.
What does that mean?
It means they were submitted.
So, during the incurring of this expenditure, was the board fully constituted?
No.
How much was expended in the current status of the board?
The actual expenditure for the period in question is Kshs63, 201,198 in the absence of a legally constituted board.
What evidence do you have that at the time of the expenditures the board had not been fully constituted? Hon. Senators, kindly go with me to page 51 of the same bundle. Would you kindly identify that document for hon. Senators to understand?
Yes. On page 51 of volume two, we have a Kenya Gazette.
Yes. When is it dated?
It is dated 14th June, 2019.
What is the Kenya Gazette number?
The Kenya Gazette number is 5202.
Yes.
The Minority Leader, what is your intervention?
Can the Counsel go slowly? We are trying to catch up with these volumes as he keeps on leading the witness. We are also recording.
Counsel, if you refer to a page, allow the Senators to get to that page before you flip to another page. Otherwise, you will lose them along the way. Kindly, proceed.
I am humbly guided and I apologize for the same. 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.
You have done slightly over one hour. So, just be guided on the time.
Let us go to page 48 of the same bundle. Madam witness, what is reflected in that page?
On page 48, we have another---
It is a gazettement. Is that correct?
It is a gazette notice.
Who is being gazetted?
We have a number of gazette notices.
Can you see Gazette No.5200?
Yes, Mr. Speaker, Sir.
Let us deal with that first.
Gazette Notice No.5200 is the Meru County Investment and Development Corporation Act, and the gazetted Chairperson is Felicity Biriri.
When is it dated?
It is dated 13th November, 2017.
For how long was the period of the chairperson supposed to run?
It was supposed to run for a period of---
From the Act, when was it supposed to run?
It is not clear from this Gazette Notice, Mr. Speaker, Sir.
When was the term of service supposed to expire?
In three years.
It is three years with a renewable term. Is that correct?
Yes, Mr. Speaker, Sir.
So, was the term of the persons appearing on that page ever renewed?
No, Mr. Speaker, Sir.
Look at page 55. What happened to that Chairperson?
On page 55, the Chairperson resigned in 2022 to vie for the position of Women Representative.
Do you have evidence of the resignation?
Yes, it is on page 55.
Was the position ever filled pursuant to the resignation?
No, Mr. Speaker, Sir.
What is the status of that chairmanship?
It is still vacant.
Were they expending all these amounts while the position is vacant in the evidence that you gave us at page 383?
Yes, Mr. Speaker, Sir.
Let us go to the next gazettement at page 49. Can you see the Gazette Notice No.5202?
Yes, Mr. Speaker, Sir. 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.
You can see that it relates to the Meru County Revenue Board. Is that correct?
Yes, Mr. Speaker, Sir.
You can read that the gazettement was done to run for a period of three years. Is that correct?
Yes, Mr. Speaker, Sir.
You can read that the appointment was done pursuant to Section 4, sub-section (1) of the Meru County Government Revenue Board? Is that correct?
Yes, Mr. Speaker, Sir.
Who was being gazetted?
The Chairman, Meru County Revenue Board.
He was gazetted on the 14th December, 2027. Is that correct?
It is 14th December, 2017.
When was his term supposed to expire? Upon the expiry, was it ever extended?
No, Mr. Speaker, Sir.
Look at page 52. Are you with me at page 52?
Yes, Mr. Speaker, Sir.
Have you seen another subsequent Gazette Notice No.538, which is being gazetted by the then governor, Hon. Kiraitu Murungi?
Yes, Mr. Speaker, Sir.
Whose term is being extended?
The Chairperson’s term.
When was it supposed to expire? From which date was it gazetted?
In the year 2020.
How long was it supposed to run again?
For three years.
When then was it supposed to expire?
In 2023.
Which month?
November, 2023.
Did that month fall due?
Yes, Mr. Speaker, Sir.
Was there an appointment?
No, Mr. Speaker, Sir.
Let us go back again to page 383 where we have that table. Kindly, let us go to paragraph four. Again, we repeat what we did. That is the Meru County Revenue Board. Is that correct?
Yes, Mr. Speaker, Sir.
The allocation was Kshs359,932,000. Is that correct?
Yes, Mr. Speaker, Sir.
The Exchequer issued Kshs231,080,000. Is that correct? 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.
Yes, Mr. Speaker, Sir.
Was the actual expenditure Kshs212,000,000?
Yes, Mr. Speaker, Sir.
Kindly, confirm whether or not that expenditure was done in the absence of the chair?
Yes, Mr. Speaker, Sir.
Why is it important to have a chair of the board?
A chair of a board is the one who presides over all the board meetings. The board approves expenditures for these semi-autonomous Government agencies of Meru County Government.
So, it is your testimony, therefore, that the expenditures were done without the approval of the board?
Yes, Mr. Speaker, Sir.
Who was supposed to make sure that these boards were up and running?
The Governor.
Did she undertake that role and responsibility?
No, Mr. Speaker, Sir.
Is it your assessment that she therefore abdicated her duties?
Yes, Mr. Speaker, Sir.
Does that inspire confidence in her office?
No, Mr. Speaker, Sir.
Does it contribute to good governance?
No, Mr. Speaker, Sir.
Does it contribute to upholding the rule of law under Article 10?
No, Mr. Speaker, Sir.
Does it enhance accountability under Article 10 and the prudence use of public resources under Article 201 of the Constitution?
No, Mr. Speaker, Sir.
Does it therefore breathe confidence under Article 73 of the Constitution that she knows how to manage the affairs of the County Government of Meru.
No, Mr. Speaker, Sir.
Is it a ground that meets the impeachment under Article 181 of the Constitution as read together with Section 33 of the Constitution?
Yes, Mr. Speaker, Sir.
Is it your prayer, therefore, that the Senate should uphold and consider this ground as fully substantiated?
Yes, Mr. Speaker, Sir.
Let us go to the laws that require the Governor to undertake this role. Hon. Senators, we are at volume three. However, before we go to that, you have also alleged that people have been appointed to exercise those functions without undergoing the due process. Is that correct? 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.
Yes, Mr. Speaker, Sir.
Is there any person of any of these boards who has been appointed unlawfully? If yes, who has appointed that person?
There is one.
Do you have evidence before this Senate?
The Chairperson, Meru County Revenue Board.
Where is that evidence? Hon. Senators, again, refer to volume two at page 43 of that bundle. What is that document about?
It is the responsibility of the board to recruit on behalf of the board. On this page, we have a Meru County Revenue Board job advertisement for the position of Chief Officers (CO).
Who is the originator of that advertisement?
The originator of the advertisement on page 46---
No, who is the author of this document? Is it Meru County Revenue Board?
Yes, it is Meru County Revenue Board.
Are they advertising for vacancies and positions of the Chief Executive Officers?
Yes, Mr. Speaker, Sir.
Are they therefore inviting the members of the public to participate in that process?
Yes, Mr. Speaker, Sir.
Who was to be the recipient of the application forms?
The Chairman, Board of Directors, Meru County Revenue Board.
Do you wish to refer the Hon. Senators to page 46 of your evidence?
Yes, Mr. Speaker, Sir.
What is contained in that page?
Mr. Speaker, Sir, those are instructions for the applicants; that suitable candidates are invited to apply and access the detailed job description from the website and all applications and documents should be sent through email or by post, courier, addressed and or hand delivered to the Chairman, Board of Directors, Meru County Revenue Board.
Which date are they supposed to have these applications reach the desk of the chairperson?
10th June, 2024.
Is there a chairperson currently holding that position?
None, Mr. Speaker, Sir.
The letter speaks that they must be forwarded to the chairperson. Who appointed this chairperson?
The Governor.
Did it follow the due process as prescribed by the law?
No. 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.
Was the County Assembly ever involved in the process of the appointment of the chairperson?
No.
Did you vet or approve that particular chairperson?
No.
Does that amount to a violation?
Yes, Mr. Speaker, Sir.
Hon. Senators, let us go to what the law says on the appointment and look at Vol. 3 of the same document, page 59. It is the Public Appointments (County Assembly Approvals). If you are with me, let us look at Section 4 of the said provision. Witness, read it out.
Section 4 on page 60 of the Public Appointments and County Assembly Approvals Act reads- “Exercise of powers of appointment. An appointment under the Constitution or under any other law for which the approval of a county assembly is required shall not be made unless the appointment is approved by the relevant county assembly in accordance with this Act.”
Was there that approval?
There was none.
Is there an appointment?
Yes, Mr. Speaker, Sir.
Is that a violation?
Yes.
Has that met the provisions of Article 181 as read together with Section 33 of the County Governments Act?
Yes.
Does that breathe confidence in the manner in which the Governor executes her functions?
No.
Does it call for accountability under Article 10 that the county organs will be held accountable for their actions?
Yes.
Does it breathe confidence in the rule of law?
It does not.
Is it prudent utilization of public funds under Article 201 of the Constitution?
No.
Let us go to Ground No.3. You want the Governor to be removed from office for refusing to implement the recommendations or the resolutions of the County Assembly. This required the dismissal of Dr. Kiambi Atheru Nthambura and the Chief of Staff, Harrison Gatobu. 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.
You are saying this was gross violation of the Constitution. Kindly brief the House on the circumstances that pre-existed before these resolutions were met. Was there a public petition?
Yes, there was Public Petition No.1.
Do you have this petition before the House and where do we find it in your bundle of documents?
It is in Vol.2.
Hon. Senators, let us look at page 206 of the bundle. Witness, speak to the evidence relating to that page.
On page 206, there is a petition that was brought by members of the public to the County Assembly for consideration.
What were the issues that the County Assembly was supposed to deliberate on?
The issues the public were raising emanated from the last impeachment where the Governor said, it was not me. For everything, it is not me. Members of the public said that if it is not you, then there is somebody else. Then they petitioned the County Assembly through this Petition on page 206 to investigate and take action against the ‘them’ because it was not the Governor.
How many Members proposed that Petition?
They were 1,611 members of Meru County from all the 45 wards and they brought this Petition to the County Assembly.
Did they append their signatures to that Petition in support of the same?
Yes.
Do we find that evidence from Vol. 2, page 214 - 258?
Yes.
Those are the signatures in support of that Petition. Did the County Assembly consider that Petition? If yes, what was the outcome?
Yes, Mr. Speaker, Sir. A joint committee of the Committee on Labour and Justice was directed to consider this Petition and upon consideration, the Committee made recommendations to the Governor.
Did the County Assembly generate a report emanating from that Petition? Where is the report found in your bundle of documents?
Yes. The report is in page 90 of Vol. 2.
Hon. Senators, I hope you are there with me at page 90 of Vol. 2. That is the report of the concerned Committee. Were there recommendations that ensured therefrom? Where do we find those recommendations?
Yes, the recommendations are on page 140 of Vol. 2.
Did you conduct a hearing or did you give these individuals a fair opportunity to appear before the Committee before the decision was rendered?
Yes.
Did all the members who were affected by the Petition participate in that process? 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.
They all participated except the Chief of Staff, Mr. Harrison Gatobu alias Nchamba Mbithi, who did not respond to the summons.
Did the Petition relate to only those two individuals or there were other individuals who were also involved in that Petition?
They were 12 of them.
All of them were in the executive office of the Governor?
Yes.
Were all verdicts positive or negative concerning all the 12?
Some verdicts were positive and others were negative.
When you say they were positive, what do you mean?
Some of the County Executive Committee Members (CECMs) were very clean. We did not find any issue with them.
They were acquitted, correct?
Yes.
So, on page 140, Paragraph 14, what is the County Assembly recommending?
In paragraph 14 on page 40, the County Assembly found that the Chief of Staff, Alison Gatobu alias Njamba Mbithi contravened Section 18(1) as read together with Sections 22 and 27 of the County Assembly Powers and Privileges Act 2017, by failing to honour the summons and invitations to appear before the various Assembly committees, including this joint committee, to produce evidence and respond to the allegations levelled against him in this Petition.
Those are the findings, correct?
Yes.
Does he always oblige to summons or is he perpetually and notorious for ignoring the same?
He does not.
Kindly continue to read.
This wanton disregard for the law, summons and invitations by the respective committees of the County Assembly was not only in contravention of the aforesaid laws, but also acted to undermine the standing of the County Assembly as a whole.
Was this communication ever made known to the Governor?
Yes, it was made known to the Governor.
Where in your evidence are you recommending their removal?
On the same page 140, on committee recommendations. I would wish to read recommendation No.2 on page 140. It states that the Governor dismiss the County Secretary, Dr. Kiambi Atheru Thambura, and the Chief of Staff, Mr. Harrison Gatobu alias Njamba Mbithi, from office for gross violation of the Constitution and other statutory laws.
Was this communication ever made known to the Governor?
Yes, the communication was made known to the Governor. 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.
Where do we find that evidence in your document?
Page 144 of the same document.
Let us describe that document. From whom is this document?
The document is from the County Assembly of Meru.
When is it dated?
It is dated 14th December, 2023.
Who is the author of the document?
The author of the document is the Clerk of the County Assembly of Meru.
Was the document ever served upon the intended recipients?
Yes.
Do you have evidence of service?
Yes.
Where is evidence of service found in that document?
Page 145.
No, I am asking of what is on page 144. Did the Governor or the Office of the Governor acknowledge receipt of that letter?
Yes.
How did they acknowledge receipt?
The office of the Chief of Staff acknowledged receipt on 18th December, 2023.
How did they acknowledge it?
By stamping the document on 18th December, 2023.
So that means the Governor was made aware of that particular reservation. Correct?
Yes.
Did she act upon it?
No.
Does that, therefore, amount to upholding the rule of law and Article 10 of the Constitution?
No.
Does it contribute to good governance?
No.
Does it contribute to respecting other constitutional institutions as the status of the County Assembly?
No.
Does it amount to a governor who wants to be held accountable and responsible?
No.
Does it undermine the integrity and the power of the County Assembly?
Yes, it undermines. 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.
Does it, therefore, equally amount to violating Article 1 of the Constitution on the sovereignty of the people?
Yes.
Is that an impeachable ground under Article 181 of the Constitution as read together with Section 33 of the Constitution?
Yes.
Have you, therefore, substantiated your case against the Governor in respect to this particular allegation?
Yes.
How has their continuous calling of office compromised service delivery in Meru County?
It has seriously compromised service delivery because all the illegal appointments made by the County Government of Meru are made by the County Secretary, including appointing very junior officers to very senior positions. This has seriously compromised service delivery in Meru County. A good instance is like the one I talked about in the video where an officer in Job Group M supervises officers in Job Group R.
A moment, please. The Hon. Senators are taking note of that particular evidence. Is it your evidence that they have compromised service delivery?
Yes.
Do you have evidence to show how that has been compromised in the county?
Yes.
Where is that evidence? As you look at the evidence, how has that been manifested? Identify the volume and the page. .
On volume two, we have the document on Page 198. However, in the bundle of documents, the page is not clear. As such, we made a clear copy which is on volume six. There is a replacement of this document on volume two, page 198.
Yes, Hon. Senators. Let us go to volume two.
Volume two is not clear, so I am talking now of volume six. We made a clearer copy.
Volume six is a replica of what we find on Page 198. Hon. Senators, if you could go with me to Page 31 of volume six, which is a replica of the same evidence?
On this page, I sought a Statement from the County Government in June, 2023, on the deployment of directors in the County Government of Meru. The Statement was never responded to.
To whom did you seek the Statement?
From the County Executive Committee Member in charge. On page 31, the CECM was summoned by the Assembly and he gave us a list of directors who are working in the County Government of Meru. The illegal appointments I am talking about are found on Page 31. 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.
I would want to take you to the column on Serial No.8. This is the list of directors in Meru County. You will find that an officer by the name of Kabwae Munene Eric---
Name in terms of the numbers.
No.8 .
Where we have the identification number, correct?
Yes.
We have the identification number. Correct?
Yes, Mr. Speaker, Sir.
That one is lacking. Yes?
The name is Mr. Kabuayi Munene Eric.
A male in Job Group J?
Mr. Speaker, Sir, Job Group J has been deployed illegally by the County Secretary to act as the Director, Information Communication Technology (ICT). Hon. Members, for those who have experience in public service, they will bear me witness that an officer in Job Group J is a very junior officer to supervise officers in Job group P, Q and R---
Thank you. That is delivered.
Those are the illegal appointments we are accusing the County Secretary of--
Thank you, madam witness---
Among others on that list, hon. Members.
Could you kindly point out others that amount to that violation?
Yes, Mr. Speaker, Sir. Let us go down to Serial No.24. We have another officer by the name of Ms. Karaine Susan Gitura. A female in Job Group L. Job group L is still a very junior group which cannot be appointed---
Kindly wait a moment witness.
Pardon me.
Kindly listen to me so that we can move together. What department is she being appointed to?
Mr. Speaker, Sir, roads department.
Which position?
Director, Mr. Speaker, Sir.
Which job group?
The substantive appointment is Job Group R.
Ordinarily it should be Job Group R. Who is being appointed here and what Job Group is she in?
Ms. Karaine Susan Gitura is being appointed to Job Group R yet she is in Job Group L.
What is the status of the roads and transport network in Meru County as we speak?
Mr. Speaker, Sir, it is very bad.
Is there a hue and cry?
Indeed, there is hue and cry. 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.
Thank you. Is there any other entry that you wish the Senators to look at? Perhaps serial No. 25.
Mr. Speaker, Sir, Serial No. 25.
Who is being appointed?
Mr. Speaker, Sir, Mr. Maraine Cyprian. A male in Job Group L, Director Roads and transport in charge of fleet management.
He is being appointed to oversee the roads, transport and energy sector. Correct?
Yes, Mr. Speaker, Sir.
This is the Director of Fleet Management. Correct?
Yes, Mr. Speaker, Sir.
Does he qualify for that appointment?
Mr. Speaker, Sir, he does not qualify.
Kindly confirm that this is a list of directors that you received pursuant to your search for information, and that the same came from the County Executive.
Mr. Speaker, Sir, I can confirm that.
On page 32, do you have any other indication that you would wish the Senators to note?
Counsel for the County Assembly kindly pause a bit. Sen. (Dr.) Khalwale, what is your intervention?
Thank you, Mr. Speaker, Sir. I was following page 31. I would like further clarity because the four officers whom the Madam has referred to do not have payroll numbers.
You will have that opportunity Senator.
Could they tell me so that I know whether they are real or not?
Not now. She will tell you, but not now. You will have an opportunity to seek those clarifications. At that time, you will be given your clarification. Proceed, Counsel for the County Assembly.
Thank you, Mr. Speaker, Sir. Madam witness, kindly refer to page 30 of the said document. That is the letter dated the 25th June, 2024. Correct?
Yes, Mr. Speaker, Sir.
The letter is addressed to the Clerk of Meru County Assembly. Correct?
Yes, Mr. Speaker, Sir.
The same comes from Dickson Munene Nkanata. Correct?
Yes, Mr. Speaker, Sir.
Who is Dickson Munene?
Mr. Speaker, Sir, he is the County Executive Committee Member (CECM) for Legal Affairs.
Is this the letter that forwarded this list? Therefore, you confirm its source. Correct? 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.
Yes, Mr. Speaker, Sir.
The same was received by the Clerk of the County Assembly on the 25th June, 2024.
Yes, Mr. Speaker, Sir.
Hon. Sen. (Dr.) Khalwale wanted you to confirm whether there are payroll numbers indicated there too.
Mr. Speaker, Sir, I can confirm that there is no payroll number that is indicated there. I may not know the reason because that is an official document from the county government.
However, you have evidence before this Assembly that they have maintained two types of payrolls, correct? Both manual and---
Yes, Mr. Speaker, Sir. Manual and Integrated Payroll and Personnel Database (IPPD).
Do you have evidence to that effect that you shall be yielding in the future?
Yes, Mr. Speaker, Sir.
Before I yield you to my learned friend, I will only ask you one question about grounds No.6. You are accusing the Governor of deliberately and knowingly misleading the public. However, before we go to that, do you have evidence before this Assembly where service delivery has been compromised? Do you have a video indicating how service delivery has been compromised?
Yes, Mr. Speaker, Sir.
Would you wish to play video No. 11?
Yes, Mr. Speaker, Sir.
Kindly have it played from our videos in support of the Motion.
Madam Temporary Speaker, we might require the assistance of the interpreter once more.
Can the interpreter come in? I direct that the interpreter be brought in to.
The interpreter is here. You may proceed to play the video.
Thank you, Madam Temporary Speaker and Hon. Members. These are residents of Kiguchwa Ward. Pardon me. Once again, my 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.
name is Muthengi Mpara. I am from Kenya Broadcasting Channel (KBC), Mwago FM, the translator.
Are you translating the first part of that video? We are expecting that you will do so. Can you----
These are women from Kiguchwa Ward who demonstrating outside Kiguchwa Dispensary. They want to know what was really happening after a woman gave given birth outside the hospital.
The woman delivered, assisted by other women from the village. The residents say that it is a big risk to the child and the mother herself.
We came here at 4.00 a.m. and found this woman who was asking for assistance. She was looking for the watchman. She asked me to help her find the watchman. I was coming to pray.
She delivered a baby outside in the field. We were chasing away children who wanted to join us in the process of helping during the deliver.
It is a big embarrassment and not a good thing.
She delivered the child at around 6.20 a.m. That is when we came in and went to the village to look for some clothing and blankets to help cover the child.
We did everything, including finding clothing for the child. We are now waiting for the doctor to come and do the examination.
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.
We are waiting for the doctor to come so that he can confirm whether the child is okay or not.
Women and men from Kiguchwa are embarrassed. They say it is something that is disrespectful in the community, especially now that the hospital is along the road.
Women are delivering outside. Governor Kawira Mwangaza is a woman just like the women who are delivering outside there.
Why can she not look and take it like a hospital or has it become a toilet?
If it is a toilet, let her come and close it because we do not want to see the embarrassment.
The hospital is along the road and children are just children.
It is bad when children look at the private part of another child. What about if these children were looking at the private part of the Governor? Would she be happy?
Would Kawira be happy if it was done to her? That is why we are embarrassed.
Let the Governor be told to come here and look at this hospital. The doctor should also be here. If she does not do so, let the hospital be closed forever.
We do not want to see the nakedness again.
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Children from this village have seen everything, including nakedness.
Women who come for delivery usually get their babies outside here.
I cannot really get that one. There is something---
Children from this village have seen everything and Kawira should know this.
Women here are delivering their children along the tarmac and secondary and primary school students---
According to the hospital, they tried the best they could have done. They took mother and baby to Meru Level 5 Hospital.
They referred mother and baby to Meru Level 5 Hospital because the baby was not due.
The hospital was opened, but now services are a problem. Doctors are not available to treat the patients in the hospital.
We have been left to do everything in the hospital, including looking after the patient. Even the watchman is not available.
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.
The watchman is insulting by calling those of us who went to seek for services as prostitutes.
We want the Governor to take action. Before Monday, something has to be done.
We can stop at that. Thank you. Madam witness?
Yes.
What is the status of service delivery in Meru County in respect to that hospital? Are you aware of that hospital?
Yes, I am aware of that hospital. It is in Tigania East.
Counsel, just to alert you that you have done two hours now.
Madam Temporary Speaker, we are just about to conclude. Is that the current status of hospitals?
Yes.
Did the Governor offer any explanation or apology?
No.
Did the Governor take any disciplinary action to make sure that the hospital is up and running?
I am not aware of any.
Let us look at Ground No.6 on page 10 of the Motion. What are you charging the Governor with? Hon. Senators, these are grounds of impeachment in Volume 1.
Yes.
What are you charging the Governor with?
Count No.2 is Gross Misconduct.
Briefly, how has the Governor misconducted herself in this respect?
The Governor has engaged in gross misconduct by deliberately and knowingly misleading the public. She gave false information that Kshs86 million had been raised through Paybill No.247247 and Account No.0400163917899, established after the murder of Daniel Muthiani, alias Sniper, thus violating the moral and ethical requirements expected of State officers contrary to Section 19---
That is okay. What did the Governor say in respect to this amount of money and what is the actual fact?
In a video that I would wish is played, the Governor---
It is okay. What did she say?
She claimed that the people of Meru, including MCAs, contributed a total of Kshs86 million after the death of the blogger from Meru known as Daniel Muthiani, alias Sniper.
What was the fact? 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.
According to the bank statement in volume two, from page 277 to the last page which is 330. The correct position is that a total of Kshs286,518 was contributed by members of the public.
What is the evidence appearing on page 277? Those are bank statements, correct?
These are bank statements.
Who is the account holder?
The account holder is Irene Kawira Kamenchu.
Why is she operating this account?
She is the widow to the deceased.
Therefore, she was in charge of operating this account, correct?
Yes.
Have you ever had an opportunity to interact with the said Hyrene Kawira Kamenchu?
I interacted with her when she called me. She called me when heard me mention the case of Ksh86 million, the day that I read a notice of motion.
Yes
She told me that she got interested in this issue because I touched on an issue that was affecting her directly.
Are you calling her as a witness in this case?
Yes.
What is your grievance in respect to these particular utterances and who uttered them?
These utterances were meant to mislead the public.
Who uttered them?
The Governor of Meru County, Kawira Mwangaza. She uttered the utterances in a press briefing.
Yes. What else did she say in that press briefing?
In that press briefing, the Governor said that a total of Kshs86 million was raised in respect to the contributions towards the ---
The widow should be bought a prado, a mansion should be built for her and an education fund be established out of the Kshs86 million. Then she alleged that---
--- it is a business that the Members of County Assembly (MCAs) are used to get fuel for their vehicles. It is an avenue for playing politics. I believe those words were not kind.
What did she say in respect to the death of Mr. Sniper?
She said that those advocating for justice for Sniper were playing politics. It is not only Sniper that has died in Meru County. 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.
What did she say in respect to the Sniper's wife?
I pray that the video is played because I cannot remember everything off head.
Okay, let us have that video played.
Let us have the video played. I have just given a few highlights.
No, we will call the other witness to have it played. However, did she make any remarks in respect to Sniper's wife?
Yes. She talked about the Sniper's wife being built a mansion.
In respect to her being or living with a ---
Oh, sorry. I forgot that. She also alleged that Sniper’s wife had already been taken by one of the MCAs and was living with him. Well, it was meant to undermine the integrity of the MCAs.
Thank you, Madam Witness. I yield you to my learned friend, Mr. Boniface Mawira, to take you through the last count.
Good afternoon, Madam Witness. Mr. Speaker, Sir, I will pick up from where my learned senior has left. On this count number two - Gross misconduct. These utterances ---
You have a witness in respect to that allegation, correct?
Yes.
A video for that witness will be played then. Yes?
Yes.
So, does this conduct that you say is gross misconduct by the Governor fall below the expectations of the conduct of state officers under Article 75 of the Constitution?
Yes.
Specifically, does it demean the office that the Governor holds?
Yes.
Does it demonstrate respect for the people?
It does not demonstrate respect.
Does it bring honour and dignity to her office?
No.
Okay. Hon. Senator, turn with me to page 11 of the impeachment Motion. I will take you to the---
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.
That is abuse of office. Volume I of our impeachment Motion, a green copy. Specifically, count No.3, ground No.8. You accused the Governor of irregular payment of emergency call allowances to 161 doctors and medical officers using the wrong rates. Correct?
Yes.
The Governor in her opening statement stated that there are circulars to that effect and that it was pursuant to a Collective Bargaining Agreement (CBA) between the Council of Governors (CoG) and the Kenya Medical Practitioners and Dentist Union (KMPDU). Correct?
Yes.
So, on page No.331 of our Volume II, that is, the exhibit in support of the impeachment Motion, what document is there?
The report of Auditor-General on the County Executive of Meru for the financial year ended 30th June, 2023.
The Governor in her response says that the County Assembly has not considered this report. My question to you is, has this report been committed to a committee of the Assembly?
I am a member of the committee and I am not aware.
Okay. Would consideration of this report by the Assembly change the conclusions that were made by the Auditor General?
No.
Is the County Assembly an appellate chamber for the conclusions that were drawn by the Auditor General?
No.
So, the consideration by the County Assembly would not in any way change the conclusions that were made by the Auditor-General, correct?
Yes.
Turn with me to page 344 of our volume two, still in that report. That is Irregular Payment of Allowances to Doctors.
Yes.
I want you to read the second paragraph, that is point No.7, right?
Yes.
Read the second paragraph from “Although Management---"
It says- “Although the Management provided a circular reference to MOH/ADM/CONF/STAFF/76/Vol.1/19, dated 18th April, 2017, which was issued after negotiation with the striking health workers and was one of the issues contained in the return-to-work formula agreed between the Ministry of Health and the unions of the medical practitioners, it was only valid for four years from the date of the circular which had expired.”
So, at the time of preparing this report the Auditor-General had the benefit of the circular the Governor was referring to, correct? 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.
Yes.
What conclusion did the Auditor-General arrive at? That is contained in the next paragraph.
It reads as follows- “Had the correct rates being applied, doctors and medical officers were entitled to Kshs51,780,000 instead of the Kshs126,120,000 paid resulting to an irregular payment of Kshs74,340,000.”
So, the Auditor-General confirms that there was an irregular payment of Kshs74 million?
Yes.
What conclusion does the Auditor-General make?
The Auditor-General states- “In the circumstances, management was in breach of law.”
I will take you back to the first page of that document. The report begins on page 331 of our Volume II - The exhibits in support of the Impeachment Motion. On page 336(2), at No.2: Key Entity Information and Management, in the background information who is the first person in that list?
The first person on that list on the County Executive's day-to-day management is under the following key organs. No. 1. H. E. Bishop Kawira Mwangaza, the Governor of Meru County.
In the key management team, the person on top of that list is the Governor of Meru.
Yes.
Up there, in the background information, the first person still is the office of the governor.
Yes.
The major responsibility, you will agree with me, is coordination of the overall running of the county government.
Yes.
Okay. So, is this the management team that the Auditor-General concludes was in breach of the law?
Yes.
Would consideration by the County Assembly of this report change that conclusion?
No.
Okay. Again, on that Auditor-General report, that is your ground number nine in the Motion - Use of Manual Payroll, at page 347 of the same report--- Are you there? That is page 347 still of our Volume II - Use of Manual Payroll. What is the conclusion that the Auditor-General makes? I would like you to only read the conclusion, in the interest of time.
It reads as follows- 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.
“In the circumstances, the management was in breach of regulations.”
This is the management that is headed by the Governor?
Yes.
So, can the Governor say it was not her?
No.
Can the Governor say it is the County Executive Committee member (CECM) Finance?
No.
She is the head of the management team? The buck must stop at her door.
Yes.
I would like you to read what that Article 229(6) of the Constitution says. What does it say?
Article 229(6) of the Constitution says- “An audit report shall confirm whether or not public money has been applied lawfully or in an effective way.”
An audit report is the final authority on whether money has been spent lawfully, not, the County Assembly can change what that audit report says. Is that correct?
Yes.
Turn with me to page 377 of our Volume II, that is the Controller of Budget report for the first nine months, specifically, page 382 of that report. Are you there?
Yes.
Paragraph 26.7 on Expenditure on Employees' Compensation, the second paragraph. Let me read first so that you can agree with me, right? “Further analysis indicates that personnel emolument (PE) costs, amounting to Kshs3.36 billion were processed through the Integrated Personnel and Payroll Database System, IPPD system, while Kshs102.94 million was processed through manual payroll. The manual payroll accounted for 3.1 per cent of the total personnel emolument cost.” Is that correct?
Yes.
So, this is evidence again from the Controller of Budget (CoB) report for the first nine months of financial year 2023/2024, that monies have been paid through this payroll system?
Yes.
Madam witness, is the County Assembly on trial in these proceedings?
No.
So, if the Governor is accused of making payments through manual payroll, is it a proper defense for her to say, “even the County Assembly does so.” 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.
No.
Why do you say so?
I would say so because I am not sure whether the County Assembly does that. Secondly, two wrongs do not make a right.
Okay. Is the defense of: “Even someone else has done it” available to the Governor? Is that defense available to her?
Sorry?
Is the defense of: “Even the County Assembly or even someone else has done it, so I am allowed to do it”, available to her? Is the County Assembly on trial in these proceedings?
No.
Does bringing evidence and we submit there is no such evidence, but assuming there is such evidence of wrongdoing by the County Assembly, would it excuse the Governor of her own wrongdoing?
No.
Turn with me to page KM 34, that is Volume I (b) of the Governor's response. Page 229 of Volume 1(b). It is the index of documents by the Governor. It is a blue copy. This is the evidence that the Governor has filed to show that the County Assembly also maintains a manual payroll. My question to you is simple. On the face of that document, when was that report prepared? For which financial year?
It was prepared for the financial year 2020/2021.
Were you a member of the County Assembly then?
No.
Was the current government in place then?
No.
Was the Governor in office as Governor of Meru then?
No.
To the best of your knowledge in which office was the Governor serving in financial year 2020/2021?
Sorry?
In which office or capacity was the Governor serving in the year financial year 2020/2021?
She was serving as the Women Representative.
So, she was not the Governor?
She was not the Governor.
This report was not in respect to the Assembly which you serve?
Yes.
Are you a first-time member of the County Assembly?
Yes. 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.
On ground No.10 - Employment of a Bloated Workforce, it says: “It has contributed to an excessive wage bill.”
Yes.
Are those the allegations?
Yes.
Turn with me to page 11 of our Motion still on ground No.10, that is page 11of our volume, draft number 10.The evidence of that is to be found in the Auditor-General report. I beg your pardon. It is to be found in--- Just a moment, Madam Temporary Speaker. How many staff do you say are employed in the office of the County Governor?
Madam Temporary Speaker, it is 111.
Have you said that it is 111 staff?
Yes.
Okay. Have you filed any evidence before this honourable House to show that this is a bloated workforce, indeed?
Yes.
Okay, where is that evidence?
Madam Temporary Speaker, it is on page 164 of Volume II.
Page 164 of Volume II. What is that document that is on page 164 of our Volume II of the County Assembly's Volume II? What is that evidence?
Madam Temporary Speaker, it is a list of appointed persons in the office of the governor and the appointment dates from August, 2022 to date.
Madam Temporary Speaker, the document from page 164 all the way to page 175, those are the staff in the office of the governor.
Yes.
In the interest of time, you will agree with me that there are 38 cleaners in the office of the governor.
Yes.
There are 17 information officers in the office of the governor?
Yes.
Is that a bloated workforce that you are talking about?
Yes.
In the document on page 172, how many staff were employed by the former Governor in his office?
Madam Temporary Speaker, the former Governor employed 45.
Okay, that is 45 staff. Which page of your exhibit in Volume II?
It is on page 172 to 175. 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.
Okay. Have advisories been given by the Transition Authority (TA), the Intergovernmental Relations Technical Committee (IGRTC) and by the SRC on the limitation as to the number of staff in the office of the governor?
Yes.
Where is that evidence found in your exhibit?
Madam Temporary Speaker, it is on page 176 of Volume II.
That is an advisory by the IGRTC?
Yes.
On page 178; that is an advisory by the TA? Correct?
Yes.
On page 179, you will agree with me that some of the staff that listed there are the Political Advisor, Chief of Staff, and Personal Assistants on page 180?
Yes.
Okay. Madam Temporary Speaker, turn with me to page 353 of the County Assembly's Volume 2. I believe it is a pink copy. Madam Witness, you have spoken about illegal appointments in the office of the governor, correct?
Yes.
You have spoken about how these illegal appointments, people serving in other job groups, through the impunity of these two officers serving under the office of the governor, has hampered service delivery in the County Government of Meru, correct?
Yes.
With respect to this bloated workforce on page 353, you say that the wage bill for the Meru County Government from the Financial Year 2022/2023 to Financial Year 2023/2024 has increased by Kshs500 million, correct?
Madam Temporary Speaker, I can make a correction. It is Financial Year 2020/2021, and it is on the extreme right; the previous year. Then, the next column is on Financial Year 2022/2023, when the Governor took over.
Thank you for that correction. So, in the Financial Year 2021/2022 and the Governor took in in the last quarter of that year.
She took over in the first quarter. The Governor took over in the first quarter.
The first quarter of which financial year?
The first quarter of Financial Year 2022/2023 in August.
So, when does the first quarter begin?
Madam Temporary Speaker, the first quarter begins on 1st July. 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.
When does the first quarter of the financial year end?
Are you asking the last financial year.
Which is the last date of the first quarter of a financial year?
The last date is the end of September. A quarter of the financial year is made up of three months.
Okay. So, this is the time when the Governor took over.
Yes.
Between the first quarter and the last quarter of the financial year 2022/2023, compensation of employees increased by Kshs500 million.
Yes.
What are the actual figures from financial year 2021/2022? I want you to read that to the actual figures.
During the Financial Year 2021/2022, it was Kshs496 million.
You can just leave it at that for in the interest of time.
Okay, it was Kshs4.4 billion.
By the end of the year?
By the end of the year, it was Kshs4.9 billion.
Is this what you are saying has been contributed to by this bloated workforce?
Yes and other appointments.
I will take you back to the short list that we have seen of the 111 personal staff. On page 164 of our Volume II, on the top of that page, it says: “Appointed persons in the office of the governor and the appointment dates from August 2022 to date.” Correct?
Yes.
You will agree that these appointments were made when the governor came or took or assumed office and in the first quarter of that financial year?
Yes.
Okay. I will take you to the last allegation.
Madam witness, this allegation of a bloated workforce, you are also saying that the wage bill of the county government exceeds the 35 per cent limit that is set by law?
Yes.
At what percentage does the recurrent expenditure and excessive wage bill stand according to page 11?
Madam Temporary Speaker, it stands at 49 per cent. 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.
Thank you. The last allegation in your Motion is paying Mr. Kiambi Christus Manyara, a public communication officer in the office of the governor his full salary and benefits while in remand. Correct?
Yes.
What evidence do you have to show that this Mr. Kiambi Manyara a staffer in the office of the governor?
Yes, he is a staff in the office of the governor.
What evidence do you have?
Madam Temporary Speaker, I have his pay slip and I also have an appointment letter in volume six. You can check for an Appointment Letter in volume six.
Madam Temporary Speaker, we have a pay slip on page---
Page 146 of volume two.
Madam Speaker, turn with me to page 146 of Volume II. That is the pay slip for Christus Manyara Kiambi. For which month, is that pay slip?
The pay slip is for the month of June, 2024.
Where is the other pay slip?
Madam Temporary Speaker, the other pay slip is on page 392.
For which month?
For the month of April.
Page 393 is for which month?
Page 393 for the month of May.
Specifically, on page 169 of that document, beginning at page 164, who is the staffer listed as number 69 in the office of the governor?
Staff number 69 is Kiambi Christus Manyara, a Public Communications Officer II, recruited on 3rd October, 2023.
He is working in the office of the governor.
Yes.
Do you have any evidence that he was charged in court?
Yes.
What was he charged with? You say he was charged with murder.
Yes.
Whose murder was he charged with?
Kiambi Christus Manyara was charged with the murder of Daniel Muthiani alias Sniper.
What evidence do you have in that respect?
There is a charge sheet? 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.
Madam Temporary Speaker, that is on page 429 of our Volume II on the pink document. Who is the fourth accused person in that charge sheet?
The fourth accused in the charge sheet is Christus Manyara charged with the murder of Daniel alias Sniper.
You say he was paid? We have seen the pay slips.
Yes.
From the charge sheet, when was he charged?
He was charged on 29th February, 2024.
You have information that he has been in remand?
He has been in remand.
Until what time?
To around May 2024.
Okay. You have his pay slip of March and immediately after 29th February. Was he paid in March?
Yes, he was paid in March.
He was paid in April, May and June?
Yes.
You say that he should not have been paid?
He should not have been paid.
Okay. You quote Section 42 of the Public Service Manual?
Yes.
Where is that document in your exhibits? In the interest of time, it is on page 394 of our Volume II. The pink copy specifically, on page 419 of that document of our Volume II. The manual begins at page 394. What does that provision say?
The provision on page 419---
Of which document? The Public Service Commission Discipline Manual, correct?
The Public Service Discipline Commission Manual 4.3, talks about absence from duty without leave, reasonable or lawful cause. Madam Temporary Speaker, I beg to read. “Where an officer is absent from duty without leave, reasonable or lawful cause, the following steps shall apply; (a) Establish the exact dates the officer was absent from duty. If not traced through personal contacts and next of kin within a period of 10 days, from the commencement of such absence, the salary and other remunerative allowances shall be stopped with effect from the date of absence and disciplinary action instituted against the officer.”
So, from the time he was absent, he should not have been paid? 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.
He should not have been paid a cent.
On the previous page, I believe it is page 418, what does it say about interdiction and suspension?
Page 418, 4.2.2 on Suspension, it says – “The circumstances under which an officer may be suspended from exercise of powers and functions of the office include- (a) When charged with serious criminal offence in a court of law (b) Charged under the Anti-Corruption and Economic Crimes Act (c) Upon conviction of a criminal offence.
So, by virtue of that provision, the moment he was charged with a serious criminal offence, that is, murder, his salary ought to have been stopped, correct?
It should have been stopped, maybe I can correct that. It should have been stopped the moment he was absent from work, not even being charged. The moment he was absent from work, the salary ought to have been stopped. That is the standard procedure in management of public service.
I will refer you to our Volume 6 of the County Assembly documents on page one and two. What documents are there?
On page one we have an appointment letter for Sabina Gathumi.
What is your contention? In your Volume II, you have provided documents that evidence legal appointment that is Volume II of the exhibits in support of the impeachment Motion. What is your contention with respect to those two officers? It is on page 187 of your Volume II and specifically page 188.
My contention with those two documents on Volume 6 is on other irregular appointments.
Irregular appointments by who?
By the County Secretary of the County Government of Meru.
This is the notorious County Secretary?
The notorious County Secretary.
Who the governor refused to take action against despite the recommendation of the County Assembly, correct?
Yes.
Where is the evidence of those illegal appointments?
The illegal appointments are on page 187 to 188.
Kindly explain what is illegal about the appointment of Jane Kanana? That is on page 188 of our Volume II.
On page 188, we have serial No.2. There is an appointment of Jane Kanana who is the Assistant Director of a department that is not known on that page. She is appointed as an Acting Director, Human Resource Management by the County Secretary. In my view, this appointment is illegal because the 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.
Department of Human Resources has a substantive Director. This appointment means that---
Sorry to interrupt. Where is the evidence of the substantive Director?
The evidence of the substantive Director is on volume six, page three.
So, Mary Karimi Kimaitha by that appointment letter is the substantive officer?
Yes. Mary Karimi Kimaitha is the Substantive Director of that department.
Is it proper or legal for the County Secretary to appoint another person to act in a position where there is a substantive office holder?
It is not procedural and it also amounts to misuse of resources.
What does the County Government Act say with respect to the acting appointments?
The County Government Act, Section 69 (2) (a), stipulates that you cannot appoint or re-designate an officer to act in a position that is not vacant.
That is the appointment of?
That is the Director Human Resource.
Madam Temporary Speaker, that is in the County Assembly list and bundle of authorities on page 57 of County Government Act, Section 69. You can read the provision.
On Page 48 of Volume III of the bundle of documents. I am reading Section 69 (2). It says- “A public officer shall not be re-designated to own or act in a public office if- (a) The office is not vacant.”
So, if the office is not vacant, you cannot deploy another person to act in that office. Is that correct?
You cannot.
Does that apply to Sabina Gatumi as well?
Yes, Madam Temporary Speaker.
Who is Sabina Gatumi as per page one of your volume Six; the Further Assembly Documents?
According to my documents, Sabina Gatumi is the substantive Payroll Manager.
She is the substantive payroll manager. Is that correct?
Yes, Madam Temporary Speaker.
Who has been deployed to act in her office when there is a substantive office holder? 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.
An officer by the name Solomon Mugera has been deployed to act in that office, whereas Sabina Gatumi is the substantive holder of this position.
Madam Temporary Speaker, turn with me to page 189 of our Volume II These minutes were prepared and signed by the County Secretary for the County Human Resource Management Advisory Committee. One of the persons present is Mr. Solomon Mugera. Is that correct?
Yes, Madam Temporary Speaker.
He is present as the acting payroll manager?
Yes, Madam Temporary Speaker.
The same is replicated at page 188?
Yes, Madam Temporary Speaker.
These are the appointments that were done by this notorious County Secretary that you said has hampered service delivery as you have even seen in the videos from the hospital and elsewhere?
Yes, Madam Temporary Speaker.
Madam Temporary Speaker, I will request that some video clips in the governor's videos be played.
You may proceed.
That is video number seven. Foremost, Madam Witness, you told us that there is a person who was speaking, purporting to be the Secretary General of the Bus Party. Do you know him?
Yes, Madam Temporary Speaker.
Is he a Member of the County Assembly (MCA)?
No, Madam Temporary Speaker.
You said you are aware of the person who is legally recognized as the Secretary General of the Bus Party?
Yes, Madam Temporary Speaker.
What is his name?
Milton Mugambi Imanyara.
You also said during the examination-in chief by my Senior Counsel, Mr. Ndegwa Njiru, that there are some members of the Bus Party who support the governor?
Yes, Madam Temporary Speaker.
Have they been victimized by the County Assembly?
No, Madam Temporary Speaker.
Have they been removed from any committees?
No, Madam Temporary Speaker.
In fact, from your Volume VI, from Page seven to 29 on the membership of the Sectoral Committees of the Assembly, you will see that some of these persons are members of committees. Is that correct? 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.
Yes, Madam Temporary Speaker.
Is there any of them who is a chair of any committee, and is member of the Bus Party?
Yes, Madam Temporary Speaker.
What is his name?
One of them is my chair in the Sectoral Committee on Youth, Gender, and Social Development. She is Hon. Makena Murogocho.
She is a member of the Bus Party, who openly supports the governor?
Who supports the governor even in this impeachment.
She has not been victimized.
Yes, Madam Temporary Speaker.
Okay. So, all that gentleman appears to say in that video, that MCAs should take instructions from him, and the party is going to take action against members who appear to support the governor. Has action been taken against the said Jennifer Murogocho?
No.
She is the chairperson of the Committee on Youth, Gender, and Community Services as indicated on page 18 of your Volume VI. Is that correct?
Yes, Madam Temporary Speaker.
Who is the other member of the Bus Party?
There is Hon. Felix Kithinji Mwirigi on page 23. He is the Chairperson of the Sectoral Committee on Transport, Energy, and Public Works.
He has equally not been victimized despite being a member of the Bus Party?
Yes, Madam Temporary Speaker.
You also said that you received a letter from Cleophas Malala directing you to withdraw the Motion.
Yes, Madam Temporary Speaker.
Would you say that you were intimidated and threatened to withdraw the Motion?
Yes, it was a form of intimidation.
Did you succumb to that intimidation?
I did not.
Has the County Assembly succumbed to intimidation by that gentleman who was speaking in that video?
No, Madam Temporary Speaker.
Is that an attempt by the Governor to shift attention from the real issues?
Yes, that is a---
How is that video a response to---Madam Temporary Speaker, I request that video number 7 of the Governor’s videos (VKM 7) be played. 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.
I had already granted that permission. Can the video be played, please?
I am sorry for that, Madam Temporary Speaker. It is video number 12 and 13 of the governor’s videos. I am coming to this in a moment. Yes, that is the correct one.
Madam Temporary Speaker, the video can be paused.
Is the translator here? Is it interpreted?
The useful part that I want to cross-examine her on was played in English.
Very well. So, it is the part that was in English only?
Yes, Madam Temporary Speaker.
That is okay.
Video No.13 in the governor's videos can also be played.
Video number 13.
That is video No.12.
Is that 12 or 13? If that is 12, then, can you play 13?
Yes, that one.
Can we hold on? Do we need an interpreter for that and can they come in? Is Sen. Asige here? We still need an interpreter for those who do not speak that language.
If the translator is ready, can they replay the bit that is in vernacular?
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.
Bw. Spika, jina langu ni Gitonga Kabori. Nitapeana tafsiri iliyo kwenye kanda inayoendelea sasa. Anasema amefurahi kwa sababu hakuna mtu yeyote analipa kodi katika Kaunti ya Meru, kule Maua. Na hakuna siku watarudi tena kulipa hata hizo chuma zikiuzwa skrepu. Chuma zile ziko kule, ziuzwe zikiwa nini? Zikiwa skrepu. Tunaenda kutangaza ya kwamba hakuna mahali kwingine kodi italipwa. Tuje tukapeane pesa zetu ziende kutolewa kama hongo kwa Maseneta. Hatutafanya hivyo kwa mara nyingine.
Madam witness, I have played that video from the governor’s record of videos, you said you know the gentleman talking in that video?
Yes.
You said he is not the Secretary General of the Party. What would you say his role is in the Party? Does he have a role in the Party?
I am not aware.
To the best of your knowledge, you would say he is an imposter?
He could be.
Are you aware that he has a role in the Party?
Counsel, hold on. The Senate Minority Leader, what is the issue?
Asante, Bi. Spika wa Muda. Nilikua nataka kujua jina la yule alikua akiongea.
Counsel, you might want to indicate the name of the gentleman in that video.
From the video, his name is indicated as Alhaji Mwendia.
Proceed, Counsel.
Are the views of this gentleman representative of the views of the Assembly and is he a member of the County Assembly?
No, Madam Temporary Speaker.
Is he an elected leader in Meru?
He is not.
So, to the best of your knowledge, has any of the Members who appended signatures in support of the impeachment Motion coerced by that gentleman?
No.
A few minutes ago, you have confirmed that even three members of the Party he purports to come from support the governor.
Yes.
They have not been victimized or removed from any of the committees of the County Assembly and some of them are even chairpersons of those committees.
Yes.
Would you say that you have been coerced or succumbed to any pressures to move the Impeachment Motion? 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.
No, Madam Temporary Speaker.
Did you even succumb to the intimidation of threats by Cleophas Malala to withdraw the Impeachment Motion?
No.
Are you a member of the Mbas Party?
No.
You were specially nominated on which Party?
The UDA Party.
Okay. Before I yield the witness for cross- examination, I ask that video No. 7 of the governor’s videos be played.
Play video No.7. Counsel, you have now done three hours.
The translator?
Madam Temporary Speaker, my name is Gitonga Kabori. I request the video to be replayed again.
Ninaweza sema kuwa impeachment ya gavana, nataka kuelezea Wameru. Hiyo
ya gavana ni shughuli yao kwenye Bunge la Kaunti ya Meru. Hio ni kama biashara yao. Na wanaweza kuimpeach mara nyingi yenye imebaki. Sasa, naweza sema mambo hiyo ya drafting na kupanga Wabunge, alikua mmoja wao pale. Ni yeye alikua apeleke hio Motion Meru. Ni yeye alikua wakupeleka hio
wa kwanza mpaka pale dakika za mwisho. Kama ulisikiza Evans Mawira vyema akiongea, alisema alikua na hakika kabisa kwamba gavana ataenda. Kwa hivyo, alipokua na huo uhakika kabisa kwamba gavana atatolewa, akaichangamkia akaichukua ndio aweze kupewa hio heshima.
What is the context of the things that you said in that video?
I cannot remember because it was an interview of one full hour. You can see it is just an extract of a very short part of my full interview and the video is not dated. I cannot even remember which date was that. I talked about so many governance issues. That is why I am saying that our business is to oversight the county government of Meru. I believe the law does not limit the many times of I oversight the county government of Meru. 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 I yield the witness to cross-examination, in totality, from all the evidence and the testimonies and the witnesses we are going to call, of course, we shall get to that, but from all the video pieces of evidence that have been played here, and the documents that have been shown in terms of the exhibits, what do you ask the Senate to do?
Thank you very much. From the case that I have presented to this Senate, I believe that the gross violations by the governor of Meru have impacted negatively on service delivery in Meru County.
As such, I submit that the people of Meru are crying, service delivery in Meru is highly compromised, there is poor governance. There is no witch hunt, there is no malice, and there is no external influence on the County Assembly of Meru.
My prayer is that this House listens to the cry of the people of Meru and saves them from the agony of crying each day, in and out, from January to December.
Madam witness, a final question: How would you like the Senate to treat the videos from that gentleman whose name is Alhaji?
On the videos of the gentleman called Alhaji, I would like to say that it is really unfortunate and uncalled for. Those sentiments do not represent the feelings of the Assembly and the feelings or the view of the people of Meru. I believe he made those remarks on his behalf. I believe the people of Meru, including the County Assembly of Meru have a lot of confidence in this House. That is why we have come again and again so that we can get a reprieve from this House. I regret those comments from Alhaji, and on behalf of the County Assembly of Meru, those comments are highly regrettable.
Thank you, Madam Witness. Thank you, Madam Speaker. I yield the witness for cross-examination by the governor's team.
Thank you. Now, Counsel for governor, it is your turn for cross-examination.
Thank you, Madam Temporary Speaker.
Counsel, how much time do you think you will require for this?
That is why I came here. My learned colleague, Mr Mutuma, is the one cross-examining, but I came here to seek direction on the question of time.
The reason being, at the very least, it is not asking for too much to ask for equality of terms. It is the bare minimum the law expects of us. The County Assembly has done something very unique.
They have taken three hours and 10 minutes on this witness, out of the four hours allocated for the entire County Assembly case. Meaning that even if we took the remainder of their entire time, we are not even getting a third of the time they have taken with this witness. My learned colleague, Mr. Mutuma, would have desired to have at least half the time the County Assembly took with this witness to do justice.
We are not asking for the same time. We are asking for half the time. Madam Temporary Speaker, we urge that you give direction on that question. 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.
On a point of order, Madam Temporary Speaker.
Sen. Mungatana?
As a follow-up of that point, which has also concerned me as a Senator sitting in this hearing, we had an application under the Third Schedule, Rule 10 for the County Assembly asking for three more witnesses. However, they have already spent their time. The Speaker had indicated four hours. So, I just wanted to know whether they intend to bring the other three witnesses or what is it. We need direction because it seems like they have exhausted their time.
I submit.
The Counsel for the governor, can we begin by giving you one hour for cross-examination? We can review, should you require some more time.
Thank you so much, Madam Temporary Speaker. My colleague, Mr. Elias Mutuma, will take on the witness in cross-examination.
On a point of order, Madam Temporary Speaker.
Yes, Sen. Omtatah?
Madam Temporary Speaker, as somebody who believes in human rights, I do not think it is fair for us to keep a witness standing for so many hours. You have seen even proceedings in the United States Senate, witnesses are cross- examined sitting. I have seen this lady trying to lie on the rostrum. I do not know if it is fair to keep somebody standing for three hours and then it is under cross-examination for an hour or two hours. It will not be good for the health of that person.
Sen. Omtatah, I do not think there is a rule that says she cannot sit, and she has not requested. Witness, you may sit down during cross-examination.
Thank you.
On a point of order, Madam Temporary Speaker.
Sen. Wafula, what is the issue?
Asante, Bi. Spika wa Muda. Sisi Maseneta ni kama Majaji katika kesi hii. Ni vyema tupate mwelekeo iwapo majaji wataweza kupea mwelekeo mshukiwa ama mshtakiwa jinsi ya kukabiliana na mwenzake katika hafla ya kujitetea.
Asante.
Sen. Wafula, the procedure was properly guided by the Speaker at the beginning. It is time for the governor’s counsel to do cross-examination. Let us allow that to happen.
Madam Temporary Speaker, may I seek your guidance on whether during the cross-examination, our time stops running or it will still eat into our time? I am most humbled.
The Speaker guided very clearly. Cross-examination is part of your time. Sen. Beth Syengo, proceed. 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.
Madam Temporary Speaker, I would like to seek clarification from the witness whether she was a County Executive Committee Member (CECM) of the previous administration.
Sen. Beth Syengo, what is the clarification?
Sen. Orwoba, please allow me to preside over this. Sen. Beth Syengo, what are you seeking to be clarified? We are not asking questions at this time. We have been discussing a procedural issue and now we are moving to cross-examination by the counsel for the governor. It is not yet time for Senators to ask questions. Counsel for the governor, please proceed. Your time starts running now.
Thank you, Madam Temporary Speaker. For record purposes, my name is Elias Mutuma, counsel for the governor in these proceedings. Good evening, Mhe. Zipporah?
Good evening.
Kindly confirm your full names and what you do at the Meru County Assembly.
My full name is Zipporah Kinya. I am a Member of the Meru County Assembly, specially elected by the United Democratic Alliance (UDA) and the Deputy Majority Leader.
Indeed, you have previously served as a member of the executive in the previous regimes. That is right?
Yes.
In what capacity?
I served as a sub-county administrator, then later redesignated as the deputy director administration until I exited.
When were you appointed as a subcounty administrator?
In 2013.
Which governor appointed you in that position?
Hon. Munya.
Did the next governor also retain you in that position? That was governor Kiraitu Murungi.
I was redesignated in 2018 to a deputy director of administration.
Thank you. Briefly give us the composition of party membership in the Meru County Assembly. How many parties and Members are there in the county?
In Meru County Assembly, we are 69 Members. The UDA has 21 Members while the “Mbus” Party has 20 Members. I am not sure of the numbers of the remaining parties. 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.
Very well. Are there any independent Members in the Assembly?
Yes.
How many?
I am not sure of the number, but there are Members who vied on independent tickets.
Thank you. You have indicated to hon. Senators that this impeachment Motion has been supported by a majority of residents of Meru County and you gave a percentage. What percentage is that?
It was 85 per cent according to public participation.
Have you brought the memorandum and report of that public participation?
Yes.
That is the basis for your claim that 85 per cent have supported the impeachment, right?
Yes.
I want you to have a look at that report briefly. That is Volume 5 of the Meru County Assembly’s bundle of documents. I want you to go straight to page 286.
Yes, I am there.
I want us to identify the anomaly in that minute. According to the title of that meeting, when did the meeting start? First of all, tell us where that public participation exercise took place. Which ward was it?
It was at Kionyo Social Hall.
What time is indicated at the top as the time when the meeting began?
It is indicated 10.00 a.m.
Can you look at Minute No.1? What time does the minutes show that the meeting began?
I can read Minute No.101. The officers of Meru County Assembly arrived at the venue for public participation at 8.00 a.m.---
It says 10.00 a.m.
They arrived at 8.00 a.m.---
Kindly wait for my question. What time does it indicate the meeting began as per Minute No.1?
It is 10.00 a.m.
However, at the top, it shows that it began at 8.00 a.m., correct?
No. The first page says that it is officers of Meru County Assembly who arrived at 8.00 a.m.
Correct. It is the other way round. The top shows 10.00 a.m., correct?
Yes.
Is that the position? 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.
I am---
The title of the minutes shows social hall in Abogeta West Ward of Meru County at 10.00 a.m.
Exactly.
However, Minute No.1 shows that the meeting began at 8.00 a.m., correct?
Counsel, I dispute that. The minutes says officers of the County Assembly arrived at the venue for public participation at 8.00 a.m.
Thank you very much.
Then at 10.00 a.m., the meeting was called to order.
Can we go to page 291? Can you confirm that the same format of capturing minutes appears at page 291? Tell us where that meeting took place and how the minutes were captured.
The meeting took place at MCK Kithare, Njia Ward, in Meru County at 10.00 a.m.
Minute No.1?
Officers of Meru County Assembly arrived at the venue for public participation at 8.00 a.m.
Can we go to page 294 and compare that with page 297? Could you tell us whether the same format of capturing minutes appears, that officers in all these stations arrived at 8.00 a.m. and the meeting began at 10.00 a.m.?
On page?
Page 294. Kindly tell us.
The officers of Meru County Assembly arrived at the venue for public participation at 8:30 a.m.
Correct. Proceed to read Minute No.1.
The meeting was called to order by Mr. Raphael Mwenda at 10.00 a.m., and a prayer was said by Ms. Kirimi Kabubania, a member of the public.
Compare that with what appears at pages 297 and 299. Is it the same that has been captured?
It reads: Officers of the County Assembly arrived at the venue for public participation at 8.00 a.m. and at 10.00 a.m. the meeting was called to order.
Thank you. Now, let us read Minute No.1 verbatim. Of all the minutes that I have identified, read the first paragraph. For instance, let us start with page 286, Minute No.1.
The officers of the County Assembly arrived at the venue for public participation at 8.00 a.m., and at 10.00 a.m., the meeting was called to order---
Proceed to read the entire paragraph.
“By Mr. Kevin Mwenda from the County Assembly of Meru and a prayer was said by Mr. Mutugi from Kionyo Boda Boda Association.
Thank you. That was page 286, now read Minute 1 on page 297. Tell us whether the words used are verbatim word for word. 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.
This one says officer of the County Assembly arrived at the venue of public participation at 8.00 a.m. At 10.00 a.m., the meeting was called to order by Godfrey Mutiga and a prayer was said by Murangiri Mbogori, a member of the public.
Thank you. Do you find those two minutes to have got semblance word for word except for the names of individuals present?
Not really. One is talking about 8.30 a.m. and the other at 8.00 a.m.---
Show us the difference in terms of the content of that Minute. Pages 297 and 284. You will confirm that except for the names, the rest of the content is---
It is not true, let me read again. The officers of the County Assembly arrived at the venue at 8.00. a.m., the meeting was called to order by Kevin Mwenda from the County Assembly of Meru and a prayer said by Mr. Mutugi.
Thank you. Can you now go to the other one?
The other one is - the officers of the County Assembly arrived at the venue for public participation at 8.00 a.m. and at 10.00 a.m. the meeting was called to order by Godfrey Mutiga. A prayer was said by Murangiri Mbogori, a member of the public. There are two different things.
Thank you. Let us go to page 783 all through to page 794. You will confirm that those are handwritten memorandums. Right?
Yes.
Kindly look at the handwriting. Is it not the same handwriting that is presenting those memorandums?
I cannot confirm.
Apart from the names, do we have any other description of those parties such as phone and ID numbers?
The phone number, the name and the signature are there.
Thank you. We can proceed on and on but we will have time to identify all these things during cross-examination. Let us go to the incident that you talked about- that there was an attempt to torch the County Assembly of Meru. Which date was that?
It was on the eve of 8th. Actually, it happened at around 3.00 a.m. so---
Madam witness, I am asking the questions.
Yes.
Kindly restrict yourself to the question.
Yes.
What date was it?
The eve of 8th August, 2024.
I am interested in the dates; which date?
It was on 7th August, 2024 at 3.00 a.m.
What time was it? 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.
At 3.00 a.m. in the morning.
Were there MCAs within the Assembly at that hour?
Yes.
Does the County Assembly of Meru conduct business at 3.00 a.m.?
It does not.
How would you explain their presence in public offices at 3.00 a.m.?
The MCAs were under threat. Personally, I was seriously threatened. I could not sleep at my home, so I sought refuge elsewhere.
We have your answer.
Yes.
So, were you present at 3.00 a.m. at the County Assembly?
Yes.
Were there other members of the public present at the County Assembly at 3.00 a.m.?
I did not see them.
You did not see them.
Yes.
So, if I tell you that that fire emanated from people who were present at that time, would I be wrong?
You would be wrong.
You have just said that there were no other members, to the best of your knowledge.
Yes.
So, the people present at the County Assembly might have begun this fire?
The MCAs were inside and not outside and the fire was from outside.
You said that the fire emanated from the Meru Law Courts, correct?
Yes.
Meru Law Courts is a secured premise, is it not?
Yes.
As a County Assembly, did you try to seek any statement from the Meru Law Courts? You have just accused them of torching the County Assembly of Meru because you said the fire emanated from the Meru Law Courts. Do you want to change your statement or do you want to stick by it?
I stick by that statement.
Did you seek any statement from the leadership of Meru Law Courts?
I did not seek any statement because I was not the investigating officer. Maybe the investigating officer did.
You did not. 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.
Yes, the investigating officer---
You have attributed the incident to governor’s supporters. You have given us a clip showing some members of the public arraigned in court.
Yes.
Among those people who were arraigned in court, which one of them is a supporter of the governor, by name and description?
I only attributed it to the person working in the Office of the Governor who said---
Thank you. My question is simple about the people who were arraigned in court. You produced material evidence in the form of video.
Yes.
Among the people arraigned in court, which one of them is a supporter of the governor, by name and description?
I did not allege that they are the ones. I said they are the supporters of the governor.
You are now withdrawing that statement.
I am not withdrawing. I alleged that those who threatened to do it are supporters of the governor. Indeed, I did not say those that are arraigned are the ones.
So, you are now withdrawing that statement. It is on record that governor’s supporters torched the County Assembly of Meru and you brought evidence. I am asking you, Madam Zipporah, which one of them is a supporter of the governor, by name and description?
I did not say those that are charged are the ones who are the supporters of the governor. I actually talked about the staff from the office of the governor who said, “atachoma”.
We are going to the staff that you talked about.
Yes.
So, would you now want to confirm to the Senate that, indeed, there were no supporters of the governor charged with torching the Assembly?
Yes, I can confirm because I said there are some people who are charged for the offence.
You have just said that they are not governor’s supporters?
Yes.
Thank you.
Those charged.
Thank you very much. Let us go to the specific officer from the office of the governor. What was the name of the officer?
I do not know the official names, but he is popularly known as Gachigi. 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.
Is he among the people we saw in that clip having been charged with the offence?
No.
He is not there?
Yes.
To the best of your knowledge, has this individual been charged for any offence, threats or even assault?
He has not been charged.
Any report that has been made?
I am not aware of any.
Madam witness, have you filed any report because you came to the Senate and alleged that he threatened Members of the County Assembly (MCAs) and he was among the people who planned to torch. Have you made any efforts to have him arrested including even filing a report?
An Occurance Book (OB) has been recorded.
Where is that OB?
An OB was recorded by---
I ask you specifically. Have you taken any steps? Not an OB. Have you personally taken any steps?
Personally, I have not, but the County Assembly has taken.
Thank you. You also played a clip showing your home being torched.
Yes.
What time was it?
It was torched on the eve of the first impeachment Motion.
What time was it?
3.48 a.m.
And you say that was on the eve of the first impeachment Motion?
Yes.
You said the fire emanated from your neighbor's place.
Yes, from the neighbour across.
You told Senators and we were listening - and the Hansard can confirm - that the fire emanated from your neighbor's home.
Not neighbour's home. I said the fire was from my fence.
We were very keen Madam Speaker and we can have the Hansard read to us. You said it began from your neighbor's home.
I did not say the neighbor's home but from my fence. If the fire was thrown from across the fence---
That fence is adjacent to a neighbor, is it not?
Yes.
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.
What is the name of your neighbor whose land is adjacent to your fence?
I do not even know the neighbour.
You do not know your neighbour?
The person bought the land recently. I am very serious on this.
It is a plot that was bought recently.
So, as recent as the eve---
I know the other neighbour who sold it recently. I know the previous owner of that plot. I can tell who he is.
But you confirm there is a neighbor?
Yes, there is a neighbour.
Did you--- Mr. Temporary Speaker, Sir. I see counsel trying to coach the witness. That is very unbecoming of an advocate. We should have known what counsel is trying to tell the witness. That cannot be permitted.
Mr. Temporary Speaker, Sir, I am trying to control the witness for ease of clarity. I am telling her to be straight to the questions asked. The normal way of controlling a witness.
Very well. Witness, please only respond to the questions asked.
Okay.
Thank you, Mr. Temporary Speaker, Sir. Do you confirm that there is a neighbour adjacent to your fence?
Yes.
You do not know the name of your neighbour?
The name of the new neighbor, but I know the old neighbor who sold the plot recently. I can give the name.
Did you go to this neighbour that you do not know and consult him or her about the source of the fire?
The plot is vacant. There is no home. It is not habited.
The question is, did you visit them or try to investigate who owns that plot?
I tried to investigate, but I have not yet known who bought it. 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.
Thank you. We saw that video was a very short clip, correct? How many seconds was that clip?
I am not sure.
How many buckets of water were used to put off that fire?
I did not count.
Can we watch that clip again?
Yes.
That is minutes before the fire incident, right?
Yes.
Proceed.
Madam Temporary Speaker, the clip is still playing. So, by now, we have no one at the scene, right?
Yes, there is no one.
There is a gentleman who walks in. Kindly tell us who that gentleman is.
My watchman.
Does your watchman look panicked?
Yes.
We cannot see that.
To me, he is.
Do you confirm that you were home on that day?
I was not at home.
I confirm you saying that you were woken up by your worker to inform you about the incident.
I did not say that.
We will confirm from the HANSARD.
I was not at home.
So, you are now confirming you were not?
I was not at home.
Thank you. So, by now, there is still no one putting off the fire and the gentleman is walking easily where the fire incident is. Let us see how many buckets of water those are. That is one, three--- There is another one and the fire is off.
Do you confirm that that was a petrol bomb? That is what you told us. 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.
I talked about a petrol bomb in the Assembly. Please, It is not that one, let us get the facts right.
Madam witness, what action did you take after your house was allegedly attacked and torched?
I was not at home. I came back the following day and reported the incident at Nkubu Police Station.
You annexed a copy of the OB report?
I mentioned it in the Hansard---
Have you attached a copy of the OB because you knew you were going to rely on that clip? Have you attached the OB report?
It is in the HANSARD.
Yes, or no? Have you attached?
I have not.
So, this Senate has no way of confirming whether there was any formal report or investigations done in respect to that incident? They have no way of doing that, is it not?
Okay---
It is a yes or no answer. They have no way of confirming that.
Yes.
They have no way. I put it to you, madam witness that what we have just watched is a stage-managed incident and we can all tell that. What do you say?
It is not.
Thank you. You have also talked about a number of incidents where residents of Meru have complained about the governance structure of madam governor here. You have specifically talked about an incident where there was a birth that took place near Kiguchwa Hospital. Do you remember that?
Yes.
Kindly confirm the status of that hospital. What level is that hospital? What kind of a hospital is it?
It is a Level 3 hospital according to the complaints of the people of Kiguchwa.
It is not “according”. Madam witness, you investigated the governor and the evidence you brought here are subject to investigations. With surety, tell us what level of hospital that facility is.
Level 3.
It does not have a maternity wing, does it?
I am not sure.
I am putting it to you that it is a dispensary without a maternity wing. Is that the position?
I am not sure.
If it does not have a maternity wing, then there was no way a woman would have gone there to give birth, is it not? 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.
I cannot confirm.
You cannot confirm.
Yes.
And you want this Senate to impeach the Governor based on that allegation. Is that your position?
It is not part of my allegation, but compromised service delivery.
So, it is not part of your allegation?
It is a support of the compromised service delivery.
Do you, however, confirm that you did not bring the Governor here to answer to those charges? That is what you have just told us.
I confirm it is part of this delivery of service that has been compromised through illegal appointments.
You have also talked about 20 cows dying in a certain Ward in Meru County. Which ward was that?
It is Kwene Ward.
In your impeachment Motion, kindly refer me to the charge where the Governor is being accused of that specific allegation. I do not even know the name of that allegation. In your impeachment Motion and supporting evidence, show me exactly where you have accused the Governor of that mismanagement of public resources. Is there anywhere?
I did that. That video was meant to correct the video that was presented as defense for the Governor, which also is not part of the allegations.
So, you have not brought the Governor to the Senate to answer to those charges, have you?
Yes, because that is not part of my charges.It is only that the Governor defended herself through the wrong videos too.
Thank you.
I said, the Governor---
I have not asked you a question, kindly.
Okay. I am sorry.
Let us proceed to the role you played in the last impeachment. We have watched a video of you saying that, indeed, you were part and parcel of that process. Is that still your position?
Yes.
So, the last impeachment Motion was meant to be brought by you. Is that your position?
Yes.
What happened that you did not proceed with the process to its logical conclusion?
The County Assembly Majority Leader, as a senior of the House, requested me to hand over the Motion to him.
The Leader of---? 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.
The County Assembly Leader of Majority, who happens to have been my boss.
Thank you. Now, we have watched a video of you, and I would ask VKM1 to be played from the Governor's exhibit of videos.
Thank you, we can pause there. Do you confirm that you conducted that interview, but among the things you have said in that clip, there are also other things you talked about, on issues of governance?
Yes.
Do you confirm that is you talking?
Yes.
The words that you have uttered are your words?
Yes.
Thank you. So, even if the Senate was to discharge the Governor this time around, you would still come back in this Senate with other charges, correct?
It depends. Let me confirm that if the Governor does not continue the violations, we cannot bring her back. Indeed, it is because those violations continued, even when the case was here in the Senate. That is why I said that. If the Governor stops the violations, then we are good to go as Meru County. I cannot confirm that I will come back because maybe the Governor may decide not to violate the Constitution anymore.
Do you have any personal vendetta against the Governor?
No.
Do you think she is a mad woman?
No.
Do you think she is crazy?
No.
Can we watch video VKM09? Madam Temporary Speaker, we might need an interpreter for this specific video.
Serjeant-at-Arms, please usher in the interpreter.
Before we hear from the video, what is your background training, professionally?
Professionally, I am a trained teacher.
You actually served as a principal of a school, is that not so?
Yes.
Do you have any training in medical health?
No.
Mental health?
No. 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.
Psychiatric training?
No.
Psychology?
No.
Thank you.
Is the interpreter there?
We can now watch the video.
Thank you, hon. Temporary Speaker. I will go ahead and interpret the video. Kindly, can you play back?
In Meru County Governor, Kawira Mwangaza, do not think that you have a governor. She is mad. The Meru Governor went crazy a long time ago. Today, I would like to declare that seat vacant. So, Merus should be ready. We need to get the way forward on how to get a new governor who can lead Meru County.
Thank you, we can stop there. So, were you lying to the members of the public then when you said the Governor was mad, or are you lying to the Senate now when you are saying you do not think that she is mad?
I did not say that she is mad.
Was that you we just watched on television?
It was taken out of context.
Was that you we watched on TV?
It was taken out of context.
Witness, please answer the question.
Sen. Khalwale, what is your point of order?
Madam Temporary Speaker, as one of my colleagues who will be making a decision based on this evidence, could you remind the witness that she is under Oath. Can she, therefore, stick to one side of whatever it is she wants to tell us?
Witness, you are under oath. Please, stick to telling the truth while under that oath.
Do you want me to remind you of the question? 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.
I remember the question. Thank you, hon. Temporary Speaker and Members. I just said I was taken out of context.
You confirm you uttered those words, but your evidence is that they are taken out of context?
Yes.
So, you appeared on that media house?
Yes, I appeared.
What is the name of the media house?
Weru TV.
Do you do know it is a national TV, popularly watched in Meru County?
Yes.
Thank you. So, were you lying? I will repeat the question. Were you lying to the people of Meru, or are you lying to Senators now when you say that you do not think the Governor is mad? You must have been lying to at least one of those people.
I said I was taken out of context.
Did you explain your context in that clip?
Yes, I did because the interview was for one full hour.
Thank you. We supplied you with this video on Friday. We are appearing before the Senate on Monday. Have you sought leave of this Senate to produce the full clip where the context is explained?
I did not seek leave because the video is even not dated. I have done so many interviews in Weru TV, and because the video is not dated, I could not even remember the date of the video.
The date notwithstanding, have you confirmed that you appeared on that show and uttered those words?
Yes, I did.
However, you have not sought leave to produce that full clip even by asking the specific TV station to provide you with one.
I did.
You have not.
I asked Weru TV and they told me it is not possible unless I get a date for the video.
Where is the evidence of that request?
I just made a call, and they could not trace the video.
Thank you. The mover of this Motion is yourself, Madam witness.
Yes.
You have made it your business to impeach the governor and there is actually a direct financial benefit to you and other members of the County Assembly who impeached the governor. Is that correct?
No, not correct. 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.
Not correct?
Yes.
We have seen you on Video VKM7 stating that it is your business to impeach the Governor. Can we watch that video?
Madam Temporary Speaker, we can stop there for the sake of time. You have talked about two issues in that interview. The first one is that it is your business.
Mr. Speaker, Sir, it is the business of the County Assembly.
It is your business to impeach the Governor?
Madam Temporary Speaker the clip says that it is the business of the Assembly not private.
Business in Kiswahili Language is biashara, true or false?
We transact business using the County Assembly.
Is it true or false that business is biashara in Kiswahili? You are versed in the Kiswahili Language. Is it true or false?
Madam Temporary Speaker, business is biashara in Kiswahili.
You have also said that hon. Mawira took away your glory of trying to impeach the Governor and that is why you ended up with the Motion. You were involved with the drafting until hon. Mawira took the glory. Is that what you said?
Madam Temporary Speaker, he took the Motion from me.
You have said that he took the Motion from you and got the glory of impeaching the Governor. Is that not what you have said?
I have said that---
Do you want us to play that clip again?
It can be played because I said, Hon. Mawira took away the Motion from me and he told the people of Meru that he took the Motion because he was sure the governor was going---
You want us to replay that clip again, where you are saying that he took the glory of trying to impeach the governor? Have you heard yourself say that hon. Mawira took the glory?
He was taking the glory; not me. You are confused since I am not the one who is taking the glory, it is Hon. Mawira.
So, two issues, Madam witness. The Motion process in Meru County is biashara, and secondly, there is a glory attached to it. I want to take you there shortly. One, tell us, you have just told us that you drafted the Motion. You are not a lawyer, are you? 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.
Hon. Members, please, allow them. Just note down; you will get time to speak to this.
You have said you were involved in the process of drafting the Motion. Is that still your position?
Yes.
But you are not a lawyer. You could not have drafted it yourself.
I drafted it; even this other one. I am not a lawyer; I am a teacher and I am aware of the violations.
Did you have any help from a lawyer to draft that Motion?
Of course, I got the help of a lawyer.
For legal services at a pay? You must have paid your lawyer to do that. Do not worry. I am not asking you how much, but you must have paid your lawyer for that.
I did not pay anything.
You did not pay anything?
Yes.
Is that the same lawyer representing you before the Senate today?
No.
Which lawyer helped you draft the Motion?
It is the lawyer who represented the County Assembly in the last proceedings.
Which process you were involved in? That is what you just told us; you were involved in the previous Motion as well?
Yes.
Including the drafting?
Yes.
So, the lawyer who represented you in the last impeachment process was the lawyer who drafted the Motion for you?
Madam Temporary Speaker, he assisted me in drafting the Motion.
Subsequently, he represented the County Assembly.
Yes, because I was doing it on behalf of the County Assembly.
Let us talk about your appearance here today.
Yes.
You are seated here today and you are earning allowances for conducting this business, correct? True or false?
Not true.
You are earning per diems today.
Not true. I have not earned any. I have not been facilitated by anybody to come here. I represented myself. 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.
So, if later it is confirmed that you received funds during the process of impeachment, you would have taken away public funds, without having any justification. Is that your evidence? Be very careful because it is going on record.
Madam Temporary Speaker, I can confirm that I have not received anything, personally.
During the last impeachment, were other MCAs and yourself paid?
Counsel, you have 13 minutes to go in your hour for cross-examination.
Thank you, Madam Temporary Speaker. So, it is your evidence that none of the MCAs are paid during these processes. We just want a confirmation.
Madam Temporary Speaker, I am not aware.
You did not receive any funds during the impeachment process during the last three processes, you have not? Not even a single coin?
Madam Temporary Speaker, I cannot remember because there are so many payments that are made in the County Assembly. I cannot remember whether I was paid for coming for impeachment. What I am saying is that right now as I sit here, I have not received anything.
You have not received anything?
Yes.
We have looked at the Auditor-General's report. Hon. Senators, I want to refer you to page 272 of the Governor's Response, Vol.1b of our exhibits. Kindly look at the Governor's response. I want you to look at the first project that has been flagged by the Auditor-General of Meru County. We can provide for the sake of time. Are you able to look at that specific page; Page 272, 1b? What is the first project the county government of Meru has been identified as doing by the Auditor-General?
The first activity is the Motions for the impeachment of the Governor of Meru County, two Motions for the two impeachment attempts.
So, the Auditor-General of Kenya flags two impeachment Motions as a project of the County Assembly of Meru, correct? That would of necessity mean, public funds were utilized. Otherwise, the Auditor-General would not have deemed it fit to include it there. Correct?
Yes.
Can you tell us how much money was spent, cumulatively by the County Assembly in at least those two projects? Are you able to tell us that?
I am not aware. I do not know.
You do not know. 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.
Yes.
Which Committee do you serve in at the County Assembly?
I serve in a number of committees.
You serve at the Committee of Public Accounts Committee (PAC)?
Yes.
That is the committee that scrutinizes the reports by the Auditor-General, correct?
Yes.
Have you come across that report? It is on page 272, hon. Senators, of Volume 1B of the Governor's Exhibit. Perhaps, let us just scrutinize your role as a Member of the PAC. What is your main role?
My main role as a Member of the PAC is to consider reports that are committed to the Committee by the County Assembly.
I want you to look at Article 229(8) of the Constitution, specific to your role. Are we there? Tell us your mandate as a Member of the PAC. First of all, confirm that the Chapter talks about the report of the Auditor-General, correct?
Yes.
What is your role under Article 229 (8) of the Constitution?
Within three months after receiving an audit report, Parliament and the County Assembly shall debate and consider the report and take appropriate action.
Thank you. As a Member of this Committee, have you discussed the report of the Auditor-General in the discharge of your mandate under that Article?
The report has not been tabled by the Chairperson.
You have relied on that report to impeach the Governor?
Yes.
Meaning you have had an opportunity to look at it, is it?
Yes.
But you have not discussed?
We have not discussed because it has not been tabled to the Committee.
When was that report received? When did you come across this report because you are relying on this very report to show, number one, that the Governor is using a manual payroll, is it?
Yes.
Your evidence is derived from that report?
Yes. I cannot remember the date, but I got it immediately it was released by the Auditor-General.
You confirm that you got it immediately?
Yes.
As a Member of this Committee, you have not taken any steps in the discharge of your mandate under that Article, have you? 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.
I am not the Chair of the Committee.
But you are a Member of that Committee?
I am a Member of the Committee.
Thank you. Let us go straight to the charges. I am looking at the charge where you want the Governor impeached for illegally revoking the appointment of one Virginia Kawira.
Yes.
Do you know Virginia Kawira?
Yes.
What position did she hold before becoming the Chief Executive Officer (CEO) of the board?
She was a finance officer in the Department of Finance and Economic Planning.
She was an officer, Senior Principal Finance Officer?
Yes.
Is that a position where services are still needed within Meru County?
Yes.
Has there been any replacement of that position pursuant to her joining the County Public Service Board (CPSB)?
I cannot confirm.
Madam witness, this is your Motion.Were you not interested in finding out whether that position was filled? The truth of the matter is that position has not been filled is it?
It was not a subject matter in my Motion.
It was not?
It was not.
You are aware that Virginia took leave of absence, correct?
Yes.
A person who takes leave of absence is still holding that position, is it? That position is not given to any other person. Am I right?
No.
It is not?
It remains vacant for the contract period.
And for how long is the contract of Virginia Kawira running?
Six years.
Six years?
Yes.
So, for six years, that position will not be occupied and there will be no service delivery in that position?
The position can be occupied by law.
How would it be occupied by 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.
The appointing authority in the departments can appoint somebody on acting capacity.
For how long can someone act? Six months, is it? The law prohibits anyone to hold a position for more than six months, correct?
There is deployment. Somebody can be deployed to work in that position. There is a difference between ---
In a substantial position?
Yes, one can be deployed by Public Service Management laws.
Thank you. When was Virginia appointed as the CEO of the board? Give us the specific dates.
Legal Counsel, you only have five minutes remaining to conclude your cross-examination.
Thank you, Mr. Temporary Speaker, Sir.When was she appointed? When did she assume the role of the CEO?
Ms. Virginia was appointed on 1st September, 2023.
1st September, 2023?
Yes.
By that time, to the best of your knowledge, had Virginia relinquished her previous position when she was being appointed or even sought leave of absence by that date? When did she seek leave of absence to make things easier for you? It was on 2nd October, am I right?
Let me confirm.
Kindly, refer to our documents, hon. Senators, at Volume 1B of the Governor's response at page eight. Do you find a letter where Virginia is now seeking leave of absence on 2ndOctober? Can you see it?
I can see it.
What is the date of that letter?
2nd October, 2020.
When did Virginia assume the role of the CEO?
She was appointed on 1st September.
1stSeptember?
Yes.
So then, this Virginia served in two positions for a whole month, am I right?
I cannot confirm, but as per the records, yes.
As per the records, yes.
Yes.
Do you not think that is an illegality where an officer serves in two positions without any justification?
Yes.
Thank you. You have relied on an advisory by the Board saying that the Governor's revocation was illegal, correct?
Yes. 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.
When that advisory was issued, who was the secretary of the Board from where the advisory emanated?
Ms. Virginia was the Acting Secretary.
So, Virginia was the Acting Secretary of the board that issued this advisory, correct?
Yes.
Do you not think there is a clear conflict of interest then where the Secretary of this Board sits and takes minutes and an advisory opinion is generated from the same Board?
Not true. The letter of revocation was addressed to the Chairman and it is the Chairman that responded. Nonetheless, responding to a letter does not require any minutes.
How are decisions of the board arrived at? Is it the Chairman who makes the decision or it is subject to the board's discussion, minutes and subsequent communication done?
I do not think there is any provision of the law that requires an advisory to be discussed in a board meeting, in my own opinion.
But you confirm that Ms. Virginia was the Secretary of the Board by the time the advisory was issued?
I confirmed she was the acting Chief Executive Officer (CEO) of the Board at that time. That disqualifies the earlier question that she served in two positions. I had forgotten, she was still appointed by the same Government as the acting CEO of the County Public Service Board (CPSB). So, she was still at the CPSB.
You have relied on a provision of the law to say that the revocation was illegal. What position was that? In your view, what ought to have been the right procedure? Mr. Temporary Speaker, Sir, with your indulgence, I see my time is up. At the beginning, we had been promised that we would reconsider the timelines upon lapse. I kindly request to be given half an hour to complete.
Legal Counsels from both sides, I need to make a ruling on the time issue. This time around, we have to be very stringent to the times allocated. We had agreed that the evidence and cross-examination will take four hours. The County Assembly’s side has taken three hours on one witness. We have given one hour for cross-examination. We are left with one hour. Legal Counsel, you will advise at this point in time, how you are going to utilize the one hour you have. Are you going to bring all the three witnesses or how are you going to allocate your time? We have to come to an agreement that we shall give the one hour left to the County Assembly to give their evidence, and then allocate the Legal Counsel of the Governor one hour to cross-examine the evidence provided by the County Assembly. Legal Counsel, how will you utilize your one hour?
Thank you very kindly, Mr. Temporary Speaker, Sir. In response to your question, we have two more witnesses remaining on the part of the County Assembly. That is Ms. Aurelia Murangiri Kiramana and Ms. Hyrene Kawira Kamenchu. 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.
Mr. Temporary Speaker Sir, you recall that there were summons that were issued in the morning pursuant to our application. Those in our humble view are the witnesses for the Senate, who then cannot be deemed to be within the hour that was allocated to us. So, to utilize effectively the one hour remaining, perhaps we will only call one more witness, and then we shall be advised on how to deal with the Senate's witnesses as and when the time allows. I am most humbled.
Legal Counsel, I am advised that there are no witnesses of the Senate. Those were witnesses that were summoned by yourselves.
Yes, Mr. Temporary Speaker Sir. However, even up to now, we are not aware whether or not the summons have been responded to because the communication must come from the House. That the witnesses that were summoned are within the precincts for us to be able to plan for them.
Legal Counsel, we will find out if they have responded to the summons. However, the summons was done as per your request.
That is correct, Mr. Temporary Speaker Sir.
As I wait for that clarification, let us agree that you are going to utilize your one hour for one witness as you have indicated.
Yes, then we shall be advised on how to proceed with the other three witnesses. Of course, stepping on the traditions of the House, where the House has previously summoned witnesses and considered them to be the witnesses of the House. I am most humbled.
I will get clarification on that and get back to you. Legal Counsel for the Governor, let us agree that we will stop with this witness now and proceed to the next witness within the one hour. We will decide if they are going to bring another witness within that one hour. Once they have completed the one hour, we will give you one hour to cross-examine whatever evidence they have produced.
Mr. Speaker Sir, this is a moral of the Motion. The bulk of the evidence and the case that is being presented before Senate is on the shoulders of this specific witness. So, we have a lot of questions for her. It would be quite unfair for our client if we do not pose all the questions that we needed. I humbly beg just for 25 minutes from the earlier minutes that are requested to conclude.
Legal Counsel, you can see the mood in the House. Senators do not want to go through the experience they went through the other time because of poor management of time. I can give you 20 minutes, but it is with a caveat. I give you 20 minutes, which I will take out from your one hour of the next cross-examination of the other evidence that will be brought here. Is that in order?
That is okay. I am getting a note from my Lead Counsel.
Very well. You have 20 minutes on your time. 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.
Madam witness, I am back to the question of CPA Virginia Kawira's removal from office.
Yes.
You are aware that upon her removal or revocation of her employment, she went to court. Is that right?
Yes, Mr. Temporary Speaker, Sir.
So, there is a matter that is active in court even as we stand before the Senate. Is that right?
Yes, Mr. Temporary Speaker, Sir.
That matter is yet to be heard.
Yes, Mr. Temporary Speaker, Sir.
So, should the Senators then proceed and find that the Governor violated by removing or rather revoking the appointment, would that not in any way affect the judgment that is pending before court? It would.
It would not simply because our contention is not on the dispute between the employee and the employer that is in court. Our contention according to the Motion is about violations. It is usurpation of the powers of the County Assembly of Meru contrary to Section---
Thank you. What is the dispute before court? How is it different from what the Senate is invited to listen to today? Is it not the same question of the Governor usurping the role and illegally revoking? Is that not the case that CPA Virginia Kawira has brought before the court?
CPA. Virginia Kawira is contesting a dismissal, and this Motion is contesting the usurpation of the powers of the County Assembly.
The charges you brought before the Senate are illegally revoking. Is that not dismissing her from office and terminating her employment?
Yes, without a vote of not less than 75 per cent of all Members of the County Assembly.
Is that not the same dispute before a competent court of law?
The contest in the court of law is a dispute between an employee and the employer. This dispute---
Sorry, you have answered the question. Who are the parties in that case? The Governor is a party in that case, is she not?
The Governor and Madam Virginia Kawira.
The Governor is a party?
Yes, Mr. Temporary Speaker, Sir.
The Governor is still a party in this proceedings?
Yes, Mr. Temporary Speaker, Sir.
Thank you. Let us proceed to the issue of illegally dismissing Dr. Ntoiti, Paul Mwaki and others. I want you to go straight to your impeachment Motion now, and read the charges very quickly. Read the specific charge.
The specific charge reads- “Illegally dismissing Dr Ntoiti, the CEO of County Revenue Board; Paul Mwaki, the CEO of Liquor Board; Kenneth Kimathi Mbae, the Managing Director of 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.
Meru Microfinance Corporation and Joseph Kithure Mberia, the CEO, MEWASS, in the usurpation of the powers of the appointing authorities---
Thank you. You can stop there. Can we go to the Motion that was brought before the Senate last year? I am looking at volume two of the Governor's supplementary list of documents at page 90. Can you read specifically?
I do not have it.
You can borrow mine. That is the Motion that was brought before the Senate last year in November, isn't it?
Yes, Mr. Temporary Speaker, Sir.
Can you read the last charge that appears at the bottom of that page?
“Sending Dr. Ntoiti, CEO of the County Revenue Board, Paul Mwaki, CEO of the Liquor Board, Kenneth Kimathi Mbae, Managing Director of the Meru Microfinance Corporation and Joseph KithureMbae, CEO of MEWASS on indefinite compulsory leave with full salary and benefits in the usurpation of powers of the appointing authority.”
What was the Senate’s findings in respect to that charge that was brought last year?
Legal Counsel, if I may interrupt. Please, stop the time. Just to inform the legal team of the County Assembly that the witnesses that were summoned by the Senate are here and they are available. Do you wish to reconsider your utilization of your one hour?
Mr. Temporary Speaker, Sir, with utmost respect to the House, it is our humble prayer that noting the content the witnesses will be submitting on, the House may find it in its favour to expand our time with maybe 30 minutes. I also understand that the Senators have been sitting here and they have other commitments and sit in other committees. We understand and appreciate the work that they do, but, again, we also have a case to deal with. We shall try to work within the one hour and if the circumstances do not permit, we will still come and seek leave to have the same expanded.
Before we go into the discussion of your time allocated to you, in terms of calling your witnesses, are you still going to call three witnesses?
We may abandon two of the first witnesses. We will call two of the witnesses in the first list and then we shall go to the witnesses who have been summoned. We shall forfeit one witness in the earlier list.
So, you will still be calling only four witnesses. How will you do that in one hour?
Mr. Temporary Speaker, Sir, at the closing, we will also take consideration and look at the evidence and their statements. We might take two, but let me just consider their statements.
Okay. While you think about it and taking into consideration that you used three hours on one witness, I will still stick on the 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.
one hour allocated to you, and you will let us know which witnesses you will be calling within that one hour.
We are guided by your wisdom.
Very well. You may continue.
Thank you. I would like to know how many minutes I still have for me to know how to restructure my questioning.
Legal Counsel, you have 12 minutes remaining. Before you proceed, what is your point of order, Sen. (Dr.) Khalwale?
Mr. Temporary Speaker, Sir, I am very disturbed. I appreciate you have guided the House on the application by the Counsel for the Assembly for more time. I would like to appeal to you because we want to deal with the issue of Meru conclusively. If due to Standing Order No.1, you can kindly allow all the witnesses of the County Assembly to come, I want us to deal with this issue of Meru, once and for all. We shall not die if you give them one more extra hour. We will be here. We want to hear the truth. We cannot stand the lies that are coming in this House all the time.
Mr. Temporary Speaker, Sir, I thank you.
On a point of order, Mr. Temporary Speaker, Sir.
What is your point of order, Sen. Mandago?
It is under Standing Order No.105. Did I hear the Senator for Kakamega say that he is not standing the lies? What evidence does he have to adduce to this House that what we are listening to are lies? Can he provide and table in the House?
Sen. Gloria, what is your point of order and that is the last point of order?
Mr. Temporary Speaker, Sir, we have been sitting here for long and I would like to appeal to you, as you consider Sen. (Dr.) Khalwale’s request, I do not think that all of us sitting here can wait until all the five or six witnesses are done for us to come back and seek clarification from the first witness. This is because, as per what has been scheduled, the clarifications have been put at the end. This means that the hon. MCA who is seated has to wait until the very end because we have some clarifications, which we can only seek after all the witnesses have given evidence. If you can allow that for every witness, even if you will give 15 or 10 minutes, we seek clarification and we are done with the witness, and the witness can leave. I thank you.
Senator for Embu, I clearly said that Sen. Gloria was the last point of order. Let me make a ruling on this issue. Sen. (Dr.) Boni Khalwale, as much as I appreciate your concerns, and I will let it slide - your use of words; it could have just been a slip of the tongue. As much as we 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.
want to get to the bottom of this, we also have to deal with time management. The ruling of the Speaker was very clear when he set down the rules and procedure of this sitting. We do not want to find ourselves sitting here up to ungodly hours because we were not able to manage our time properly. My concern is to manage time, and if we see it fit to increase any more time, we shall make that decision at the time when it arises. So, hon. Senators, we shall proceed as agreed. Legal Counsel, you still have 12 minutes, proceed and conclude.
Thank you, Mr. Temporary Speaker, Sir. Madam witness, you have accused the Governor of failing to implement the Assembly’s recommendation. I would like you to look at your documents and show me evidence where the Governor was specifically called upon and communicated to, to act on those implementations. The letter you have adduced to, is it addressed to the Governor? Let us go to Page 144 of your bundle of documents. Is that letter addressed to the Governor, yes or no, and what is the date of the letter? It is a yes or no question, we have no time.
14th December, 2023.
That letter is not addressed to the Governor, is it?
It is not.
That letter is not copied to the Governor?
It is not.
So, there is no evidence of any communication, direct from the Assembly to the Governor?
Yes, it is there.
Where is evidence of the County Assembly writing to the Governor, specifically and not to any other person?
The County Assembly communicates with the Governor through the County Secretary. That one I can confirm.
Is that letter addressed to the County Secretary?
The letter is addressed to--- I want to explain. This is a petition---
We have no time for explanation.
For clarity purposes, this is a petition.
The answer I am looking for--- Madam witness, I have no time.
Mr. Temporary Speaker, Sir, please, protect me.
I have no time and I have a right to ask for a yes or no answer.
Witness?
Yes.
Speaker (Sen. Abdul Haji): Please, answer questions as asked by the Legal Counsel.
That letter is not addressed to the County Secretary, is it?
It is not.
a: It is not addressed to the Governor, is it?
It is not. 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 not copied to the Governor, is it?
It is not.
The Chief of Staff was the subject of the recommendation, is it not so?
Yes.
It is for that reason that it is copied. The County Secretary was the subject of the recommendation. It is for that reason that it is copied. Are so many other people who are involved in the process? Is that not the position?
No.
Was there any follow-up with the Governor as to why she did not action the recommendations? There was no other letter specific to the Governor.
There was no follow-up.
So, if the letter was addressed to the person who is supposed to be removed, do you think it was logical for you to expect that they would forward it to the boss for acting on?
I cannot confirm.
Thank you. Let us go to the issue of illegally dismissing Dr. Ntoiti Mwaki and others. You read the previous Motion and compared it to the current one.
I did not read, but I have seen it.
When you came to the Senate last year and said you were part of that Motion, you did not accuse the Governor of dismissing. You accused the Governor of doing what?
Compulsory leave.
That is what you told the Senate?
Yes.
Did the Governor subsequently dismiss these individuals? First of all, confirm they are the same individuals we are talking about.
Yes.
Is there any other action taken by the Governor after we left the Senate concerning those individuals?
The compulsory leave---
Is there any other action that was taken by the Governor after we came to the Senate? Yes or no?
I am not aware.
The Governor has not done anything else concerning those individuals apart from what had transpired previously. Is it not so?
I am not aware.
So, the course of action had transpired by the time you were in the Senate last time?
Yes.
What was the Senate’s resolution in respect to that matter? The Senate found that the Governor was not guilty, is it not so?
Yes. 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.
Thank you. Let us go to the last issue of a bloated workforce. I want you to read the first five and the last five names in the list you have attached in your current Motion of Impeachment, where you are alleging that the Governor has employed a bloated workforce. Go to Page 164 of volume two of your document. I want you to read the first five and the last five names. First of all, confirm, how many people are we talking about in that list? It is 111, am I right?
Yes.
Please, read the first five and the last five names.
Yes.
The first five names, kindly.
I read them?
Yes, read them.
The first name is Gitonga Harrison Gatobu.
Second name?
Linda Gakii Kiome.
Third name?
Lawrence Mutwiri Mburuki.
Fourth name?
Gideon Kimathi.
Fifth name?
Mutuma Hillary Mugambi.
Let us go to the last five names on page 171. Read the last five names. I could make you read the entire list, but for the demonstration of my point, let us just say---
Jamal, Hassan Kaimenyi, Francis Mutembei Mwirigi and Martin Kaimenyi Kinoti.
Thank you. Turn to Page 140 of volume two. Confirm that this is the list that you supplied the Senate last year concerning the same charge. I am talking about Page 140 of volume two of the Governor’s response. I am looking at the first five and the last five names. We are talking about how many individuals on that list that you brought last year? That is a Motion that you participated in. The number is 111, am I right?
Yes.
Look at the first five names. It is on Page 140 of Volume 2 of the Governor’s response.
Gitonga Harrison Gatobu.
The same individual who appear in the other list. Read the second one. You do not have to flip the page because it is the same place you are reading. What is the second name? Hon. Senators, that is page 140 of volume two of the Governor’s response.
I have confirmed that they are the same. 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.
They are the same names, right? Should I make you read the entire list or you can confirm that they are the same names? You can confirm that it is the same list of 111 individuals that you brought to the Senate last year?
Yes.
Madam witness, when you tell the Senate to add you time to argue your case, do you not think you are taking Senators for a ride when you bring the same charge you brought last year and it was dismissed? Do you not think you have no respect for the Senators? It is a question I am posing to you. Kindly answer.
No.
You confirm it is the same charge with the same list?
The violation is the same.
The same list?
Yes.
What was the Senator’s verdict last year in respect to that same charge? What was the Senate’s verdict concerning the list you brought before it last year, accusing the Governor of having a bloated workforce? We sat here for hours. What was the Senate’s verdict?
The Senate’s verdict was that it was not substantiated.
Okay. So, when you were seen in that video saying that you will bring six or seven impeachment Motions, does that not confirm malice on your part when you keep on bringing the same issues before the Senators for arbitration?
It does not.
How so?
It does not.
Finally, let me bring up the issue of the death of “Sniper”. You have accused the Governor of gross misconduct for stating that there was more than Kshs86 million that was collected through a specific Paybill.
Yes.
I want us to watch that clip where the Governor is allegedly stating that Kshs86 million was raised. It is in the County Assembly’s videos. Maybe I should ask you directly. What is the evidence that you brought before the Senate?
I brought a bank statement.
I want you to show Senators where the Governor alleged that Kshs86 million had been raised. Where is that evidence?
It is in the video.
Which video?
The video that we presented.
The number of the video? We want to play it now. Can we watch Video Clip 1B?
Legal Counsel, can you stop that clip? Where is the translator? We need a translator. 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.
We can also have the time frozen for just a moment to allow this.
Serjeant-at-Arms, please, get the translator.
The interpreter is here. We can have the video clip played now.
Kindly play the video.
My names are Gitonga Kaburi from Kenya Broadcasting Corporation (KBC), Mwago FM. Mheshimiwa Spika wa muda na waheshimiwa katika Bunge la Seneti naomba turudie ndiposa nianze.
Lingine ambalo ninalo kwa viongozi waliokuwa wanauzungusha ule mwili wa Sniper. Wale waliokuwa katikati ya biashara hii, pesa waliokusanya hadi leo ni zaidi ya Shilingi 86 milioni. Tunataka bibi ya Sniper ajengewe nyumba ya ghorofa na pia anunuliwe gari aina ya Prado---
We can stop there. Madam witness, you have accused the Governor of saying that Kshs86 million was raised through a specific paybill. The Governor has not mentioned the paybill in that video. Has she?
The video is not complete.
You had an opportunity to watch it, which we do not have. Has the Governor mentioned the paybill? Yes or no? We will still have a chance to play it. I just wanted to go on record.Did she mention the specific paybill and account?
She did not mention the specific one in that video that has been played. However, in the whole video she will mention.
That is your video correct? It is your evidence.
Mr. Temporary Speaker, Sir, it is my video, but I believe it is not complete.The video goes on---
Counsel, your time is up.
Mr. Temporary Speaker, Sir, allow me five minutes to conclude on this issue.
That is just an abstract of the video---
Witness. One moment.
Yes, Mr. Temporary Speaker, Sir.
Counsel, your time is up.
Mr. Temporary Speaker, Sir, I beg for five minutes to conclude on this line of questioning.
I can only allow you to conclude on your questioning, then you stop there. 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.
Madam witness, apart from that paybill, were there funds raised through other modes? You have seen a Facebook post contained at Page 168 of our Volume 1B. Does it provide for a different paybill and account? Have you looked at it and confirmed that those accounts are different?
Mr. Temporary Speaker, Sir, I have. I can confirm that the paybill---
It is a simple question. Have you confirmed that there is a different account annexed at Page 168?
Mr. Temporary Speaker, Sir, it is not a different account.
It is your evidence; it is the same account.
Mr. Temporary Speaker, Sir, it is not the same.
It is not the same account?
From the defense evidence on the Facebook post, it is the same account as the one I have produced. They are not two accounts.
So, you confirm if Senators look at page 168, the accounts therein is the same as the one you have provided in evidence.
Yes, Mr. Temporary Speaker, Sir
We will leave that for us. There was also cash that was---
Counsel, I will have to stop you there. You had one last question.
Thank you, Mr. Temporary Speaker, Sir.
You are welcome. I think we can be---
Mr. Temporary Speaker, Sir, just a clarification.
The Counsel is already off. I do not think you can make a clarification.
Mr. Temporary Speaker, Sir, the next part will be taken by Mr. Muriuki and Mr. Mwangi for re-examination. However, before they do so, kindly confirm---
Counsel, let me guide you.As you start, know that your one hour starts when you start speaking.
Most obliged. We will only take about seven minutes in this session.
It is up to you how many minutes you are going to take, but just know that your time has started.
Kindly confirm that the use of the term business refers to the functions of the County Assembly.
I confirm.
Kindly confirm that this House has a committee called the House Business Committee (HBC)?
I confirm.
And that the term use of the word ‘business’ is not in the normal terms, as Counsel Elias Mutuma, may want it to appear as a transactional aspect.
Absolutely 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.
Further, confirm that you have not drawn any financial benefits from this process.
I have not.
And that the auditor’s report that was shown to you is indicated as part and parcel of the business and functions of the county.
Yes, I confirm.
That impeachment is one of the functions of the County.
Indeed, it is.
Thank you. Counsel Muriuki.
Thank you. Yes, proceed Counsel.
Mr. Temporary Speaker, Sir, I had an objection. The challenge is that in normal processes, I would have my own microphone to raise my objection, but now I do not. Counsel has asked questions that do not pass for re- examination questions. Counsel has been suggesting answers for all the questions to the witness and seeking the witness confirms those answers. That is the height of a failure of a trial process, at least, as we are trained and as we know it.That has already gone on record.I do not know what the Senate will do about it, but moving forward, I plead that you ask the Counsel to stick true to the rules of examination of their own witness, which cannot be in the form of suggesting answers to the witness and having the witness confirm those answers.
Thank you, Counsel. That is well noted. I will advise Counsel not to coach or guide the witnesses as we go forward. However, it is for the Senators to decide on their own on how they will take that questioning.
Mr. Temporary Speaker, Sir, I rephrase those questions. When you speak about business in your video, what exactly did you mean?
Mr. Temporary Speaker, Sir, I meant that in the County Assembly, we usually have our Order Paper which denotes the order of business. I meant that our oversight role is supreme and we shall continue with it.
Is the use of the term ‘business’ a parliamentary term?
In terms of orderliness, of order of business.
Did the County Assembly or any person who supported the Motion draw any financial benefit from the process?
I am not aware of any.
Have you drawn any benefit yourself?
I can confirm, none.
Finally, as I yield to my colleagues, you alleged evidence that the Auditor General (AG) has noted that the two impeachment Motions were indicated as having attracted financial obligations on the part of the County Assembly.
Yes. It is a function of the Meru County Assembly.
Thank you. I yield toMr.Muriuki.
Mr. Temporary Speaker, Sir and hon. Senators, my name is Eric Muriuki.I will take about four or five minutes to re-examine this witness then I shall yield to my learned colleagues. 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.
Madam witness, did you prepare the minutes for the public participation?
Mr. Temporary Speaker, Sir, the minutes for public participation were prepared by the County Assembly staff. Indeed, that was a function of the Assembly and was carried out by them as such, not I.
Are you a handwriting expert?
I am not.
Now, why did you find it necessary to spend the night at the Assembly on the eve of moving the Motion?
Because of the security threats.
Why did you attribute the torching of the Assembly to the supporters of the Governor?
Mr. Temporary Speaker, Sir, I stated that there was a member of staff who threatened to ‘choma’. We felt very threatened.
Thank you. You are asked whether you have taken steps personally to have this person arrested. Are you an investigator?
I am not.
Who is supposed to investigate and take the appropriate steps?
The relevant bodies that are charged with the mandate of investigating.
Is this House investigating the issue of attempted arson on your home?
No.
What is it investigating?
It is investigating gross violations of the Constitution and other laws and other grounds that I have alleged that the Governor of Meru has violated.
Why did it become necessary for you to play the video of the cows that died in that village?
I played that video because the Governor's defense gave a small abstract of that video, which was meant to mislead this House. So, I played that clip to give the exact oversight issues I was raising during that media interview.
Thank you, very much. Now, how are the videos that were played here for you an answer to Count one on violation of the Constitution and other laws by the Governor?
None.
How are those videos a response to the allegation on illegally dismissing CPA Virginia Kawira?
None.
How are those videos an answer to the allegation on refusing to implement recommendations of the Assembly?
There is none.
How are they an answer to the allegation on abuse of office?
None of them. 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.
Are you aware of the provisions of the County Government’s Act, Section 33(8)?
Yes.
What does it say? Kindly, Counsel, assist in retrieving the Section. Witness, let them help you to retrieve the Section, just listen to my question
Yes.
Does Article 229(8) stop you or any other MCA from moving an impeachment Motion against the Governor?
It does not.
Does the Assembly sit as an appellate chamber for the findings of the Auditor General?
No.
What is your specific complaint as regards the illegal revocation of CPA Virginia Kawira's appointment?
My specific complaint is that the revocation of Virginia Kawira was done without a vote of not less than 75 per cent of all the MCAs and in usurpation of the powers of the County Assembly.
Specifically, what provision of the law are you complaining of being breached?
Sections 58(4) and 5 and Section 59(a) of the County Government’s Act.
Thank you. I want you to read Section 33(8) of the County Government’s Act.
Yes.
Kindly read the Section.
Section 33(8) of the County Government Act provides that- “If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the Speaker of the concerned county assembly accordingly, and the Motion by the assembly for the removal of the governor on the same charges may be reintroduced to the Senate on the expiry of three months from the date of such votes”.
Have three months passed since the last impeachment attempt?
More than three months.
That notwithstanding, have you reintroduced any charges that were in the previous impeachment Motions?
I have not.
Thank you, Mr. Temporary Speaker, Sir. I will yield to my colleague, Mr. Mwangi.
I am informed that we have sufficiently covered our re- exam, so we shall move on to our next witness.
Thank you, Mr. Temporary Speaker, Sir and Counsel. With your kind permission, we will call Hyrene Kawira as our next witness. 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.
Thank you, witness, you may take leave. Serjeant-at-Arms, please, show in the next witness.
Counsel and Clerk, just give us a few minutes as we do some housekeeping.
Please call the Order to be moved now? Counsel and witness, please, take a seat as we conclude on this. Senate Majority Leader, proceed.
Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Monday, 19th August, 2024- Joint report of the Departmental Committee on Administration and Internal Affairs of the National Assembly and the Standing Committee on National Security, Defense and Foreign Relations of the Senate on the approval hearing for the nominee to the position of Inspector General of National Police Service. Mr. Temporary Speaker, Sir, I beg to lay.
Next Order. The Senate Majority Leader, proceed.
Thank you, Mr. Temporary Speaker, Sir. 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.
I rise to give notice of the following Motion, which is a joint report of the Departmental Committee on Administration and Internal Affairs of the National Assembly and the Standing Committee on National Security, Defense and Foreign Relations of the Senate on the approval hearings of Mr. Douglas Kanja Kirocho as Inspector General of the National Police Service. I give notice- THAT, the Senate adopts the Joint Report of the Departmental Committee on Administration and Internal Affairs of the National Assembly and the Standing Committee on National Security, Defense and Foreign Relations of the Senate, on the approval hearing for the nominee to the position of Inspector General of the National Police Service, laid on the Table of the Senate on Monday, 19th August, 2024; THAT pursuant to Article 245(2)(a) of the Constitution and Section 12 of the National Police Service Act, Section 8 of the Public Appointments Parliamentary Approval Act and Standing Order No.77 of the Senate, the Senate approves the nomination of Mr. Douglas Kanja Kirocho for the appointment to the position of Inspector General of the National Police Service.
Very well Counsel, we may proceed. That was a procedural matter that we had to dispense with. For your guidance, you had already utilized 10 minutes, you have 50 minutes to conclude with your evidence.
Most humbled, Mr. Temporary Speaker, Sir. I hope time does not run when she is taking oath.
No, the time has stopped.
Would you kindly state your names for the record?
Hon. Members, I am Hyrene Kawira, wife to the deceased Sniper.
Hyrene, have you sworn an affidavit in this case and would wish to rely on it in these proceedings?
Yes.
You understand that you are here to testify against the Governor for the utterances she made. Correct?
Yeah.
Just before we go to the crux of the matter, were you involved in the arrangement of your husband’s funeral? Kindly accept our condolences.
We have not yet laid him to rest. 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.
Were you involved at a particular time in making arrangements?
I was.
What nature of involvement?
Counsel, let me just speak directly to the witness. When responding, please use yes or no. Do not just say ‘yeah.’ Okay?
Yes.
Also, be audible.
We are most humbled, Mr. Temporary Speaker, Sir.
So, were you involved or was there a committee that was put in place to oversee the processes of preparing for the funeral?
Huh?
Let me put the question to you again. Au ungependa tutumie lugha ya Kiswahili?
Kiswahili.
Nauliza hivi; uliweza kuhusika katika kufanya mapangilio ya kumpumzisha mumeo?
Hon. Members, nimesema bado hatujamzika bwanangu,
nilichangiwa Kshs86 million. The moment nilirudi
. Wakasema niache kuwasumbua, I already have the money with me to bury my husband . My husbandis still lying in the morgue . Bado hajapumzishwa.
Kuna ushahidi ulioleta katika hili Bunge kudhibitisha hayo matamshi ya mheshimiwa Gavana?
Yes, there is a clip.
Ungependa ichezwe mbele ya Seneti?
Yes, please.
Clip 1B of the County Assembly list of evidence.
Kabla hiyo haijachezwa, ni nini kilitendeka hapo baada ya mheshimiwa Gavana kutamka hayo maneno?
Baada ya mheshimiwa Gavana kutamka hayo maneno, I
. Kuna mahali alisema nimefichwa na Member of County Assembly (MCA)fulani. Watu wa Kijiji wakanichukuwa kama malaya. Already nakaa na MCA and I am yet to bury my husband . This made me run away from home togo live with my relative .
Tafadhali rudia kwa utaratibu hayo matamshi.
Nimesema kwenye hiyo clip alisema nimechangiwa Kshs86 million. Alisema pia kwamba nimefichwa na MCA fulani. Ikasababisha aibu, nikawa laughing stock in the community . Watu wa kijii wakasema nakaa na MCA ilhali sijampumzisha bwanangu. Nilikuwa naomboleza bwanangu ikafanya hadi niondoke kutoka kijiji kuenda kukaa na one of my relatives .
Pesa ngapi haswa zilizochangwa?
Kshs86 million.
Nauliza ni pesa ngapi zilizochangwa? 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.
We have the statement---
Acha uonyeshwe.
Hon. Senators, we are referring to volume two of the evidence. The statement begins at Page 277 to 330.
Muliwaifungua akaunti ya benki yoyote wakati mlipokuwa mkitayarisha kumpumzisha mumeo?
We only had the Paybill.
Ni nani aliyekuwa amesajiliwa katika hiyo Paybill?
Ni mimi.
Ni nani alikuwa anajuwa kiwango cha zile hela imeingia na zile zimetoka?
Ni mimi.
Dhibitisha katika hili Bunge kwamba hiyo ni ile nakala kutoka benki zinazoonyesha kwamba ni wewe umesajiliwa.
This is the amount I confirm.
Nauliza udhibitishe kwamba hiyo ndio ile statement ya benki.
Hii ndio statement ya benki.
Iko katika Page 277 hadi 330.
Yes.
Twende katika Page ya 330. Ni hela ngapi zilizochangwa? Soma kwa utaratibu.
Kshs207,491.
Hizo ni zile pesa katika balance ya account . Kweli?
Hiyo ni balance. We have Kshs286,516.
Kwa hivyo yale matamshi ya mheshimiwa Gavana hayalingani na ushahidi?
Hayalingani.
Kuna njia zozote zile ambazo watu walikuwa wanachanga?
Ingine ilikuwa cash .
Ulipokea ngapi kwa njia ya malipo ya pesa taslimu?
Tulipokuwa Kinoru, I received Kshs8,000.
Ningekuomba uweze kutazama nakala ilioandikwa Volume 1B, ambayo ni nakala ya mheshimiwa Gavana.
Hon. Senators, volume 1B at Page 168.
Tazama huo ushahidi. Kuna mahali unaona nambari ya simu 0720103913?
Ndio.
Hiyo nambari ya simu imesajiliwa katika jina la nani?
Judith Kiragu.
Huyo alikuwa nani?
She is one of the blogger; the one who initiated the channeling--- Okay, the Paybill was initiated by Snipers friends and fellow bloggers.
Hii nambari ya simu ni ya nani? 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.
Judith Kiragu.
Kuna pesa ambazo zilikuwa zinatumwa katika hiyo nambari ya simu?
Yes.
Na hizo hela zilipotumwa katika nambari ya simu, ziliwahi kutumwa katika ile paybill?
Alitransfer hela ngapi?
Alitransfer Kshs115,000.
Kuna watu ambao wanafanyakazi na Mheshimiwa Gavana ambao wameshitakiwa kwa kuhusishwa na kifo cha mpenziyo, mumeo Sniper?
Yes.
Mr. Temporary Speaker, Sir, Katwa Kigen has an objection to raise subject to your direction.
Who has an objection?
Mr. Temporary Speaker, Sir, I just drew your attention to the fact that we had an objection to raise.
Sorry, you have a---?
We have an objection to raise.
Let us hear your objection. What is your objection?
What we are going through is an evidence-in-chief. This witness has sworn a witness affidavit, which is primarily her witness statement before you, and there are specific claims in that witness affidavit, which Counsel in exam-in- chief is supposed to bring on board to this Senate. The question that has just been put to this witness is not part of that witness affidavit. Secondly, the question of the murder trial as has been confirmed through the other witness is a matter actively pending before another court of law. We express our deepest sympathies to this witness for the loss of her husband. We would be the last people to want to see her go through the agony that the advocate for the Assembly wants to take her through at the moment. Mr. Temporary Speaker, Sir, we will do that justice, by limiting this witness, first, to the issues raised in the impeachment Motion. The question of who murdered or who did not murder Sniper is not part of the impeachment Motion anywhere and is not part of this witness affidavit anywhere.With tremendous respect, it is raised for the limited purpose of emotionalizing the Motion we have before this House. We beg that you overrule Counsel and restrict him to the evidence that was filed in this Senate and supplied to the Governor's Team. I beg, Mr. Speaker.
Thank you. Counsel, hold on a moment. 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.
Counsel for the Assembly, could you respond to what the Legal Counsel has raised on the matter he has raised?
I am most obliged, Mr. Temporary Speaker, Sir. I have always held my Senior Learned Counsel with high esteem until this afternoon when he makes an objection on a point that is not legally founded. Their evidence, that has been supplied to us from the Governor in terms of the phone number that I have questioned the witness on, and therefore, to assume that we can only limit ourselves to the affidavit and not test the evidence of the Governor, would be far from the truth. We have a charge sheet appearing on page 429 of our bundle of document at volume two. The County Assembly has no intentions whatsoever to prosecute the case that is pending before the court of law, but there is no caveat that an issue that arises in this trial cannot be mentioned for purposes of record. We have not accused the Governor of murdering Sniper.I do not know whether I have touched a raw nerve, but the objection is not founded. We will only ask the witness in terms of the particulars of the person charged. We will not go to the evidence of who killed who or anything of that sort. We have tendered that evidence, but they did not respond to it in their defense. We understand that it is a very emotive issue as demonstrated by the witness.
Very well, Counsel. Let us restrict our questioning to matters concerning the impeachment of the Governor. I tend to agree that if this matter of the murder case is in court, then it shall be sub-judice for us to discuss it here. Let us steer clear of that. Counsel, I would urge you to stick to the affidavit provided by the witness, and the line of questioning should be specifically on the impeachment Motion. Let us not divert on that, please.
I am well guided, Mr. Temporary Speaker, Sir. So, with respect to the murder of your dear husband, did the Governor ever send condolences to the family?
No.
Could we then have the video played?
Yes.
Let us have video 1B played. Mr. Temporary Speaker, Sir, perhaps, we need an interpreter.
Okay. Stop the video, please. Serjeant-at-Arms, please, bring the interpreter here.
May our time be frozen? 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.
Stop the time. Let us play the video.
Bw. Spika wa Muda, jina langu ni Gitonga Kaburi, kutoka shirika la utangazaji la Kenya Broadcasting Corporation (KBC), Mwagu FM. Nanukuu yale Gavana anasema. Naomba tuanze.
Let us play video 1A.
Please, also play video 1C
We can give the witness time to compose herself.
You can stop the time.
Sorry for that. Tumeweza kumsikilisa Gavana akizungumza kupitia video ambayo imechezwa. Amesema kuwa ulipewa Ksh86 milioni. Je, ni ukweli?
Hapana, ni uongo.
Je, hayo matamshi ya Mheshimiwa Gavana yamekudhuru ki vipi?
Tangu Gavana aseme kuwa nilipatiwa Ksh86 milioni, sijawahi pata amani. Kwanza, wale wote ambao walikuwa wanakuja kunipa faraja walinitoroka nikabaki peke yangu. Ikabidi mimi nihustle for my kids because their father who was the bread winner is no more. I was the one to hustle for my bills. Mambo hayo yalifanya hata nikiambia community kuwa mimi niko na shida wanaona tu niko na Ksh86 milioni. Ilifanya nikawa sina hata security na kila mtu ananiona kama pesa tu.
Asante. Amesema kuwa unaishi na Mheshimiwa, MCA Fulani. Je, hiyo ni kweli?
Hapana.
Hayo yamekuathiri ki vipi?
Aliposema kuwa mimi ninaishi na MCA, hilo lilifanya watu wote kijijini wakaniita malaya mpaka wakaanza kusemu kuwa huyu bibi ya Sniper hawezi kusubiri hadi amzike bwanake. Wote wakaniacha na wakanitenga hata familia. Kwa sasa, relatives wake wote waliniacha na wakanitenga. 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.
Kwa sasa hivi unaishi wapi?
Kwa sasa hivi ninaishi na one of my relatives
Ninapomalizia, je, uliona viongozi wakizunguka na mwili wa sniper?
Ndiyo.
Uliwaona wakizunguka na mwili wa Sniper?
Actually hawakuwa viongozi, walikuwa ni bloggers and Sniper’s friends.
Je, ni kweli ya kwamba kifo cha bwanako kilifanya biashara?
Hapana.
Asante. Sina maswali mengine. Utaulizwa maswali machache na wakili anaye muwakilisha Gavana na tena tunasema pole sana kwa kifo cha bwanako.
Counsel, as we proceed, could you, please, also advise the witnesses to stay back and not to go anywhere, until the Senators ask them questions during the questions of clarification time.
Utakapomaliza kuzungumza usiondoke kwa maana Maseneta watakuuliza maswali ya kudhibithisha mambo mawili ama matatu. Asante.
The previous witness also could be advised to stay behind, please.
We will trace and recall her. Most obliged.
Thank you, Mr. Speaker, Sir. We shall not be cross- examining this witness. We shall reserve our time for the subsequent witnesses. Thank you so much. We are much obliged.
I do not know whether the Senators will wish to seek clarification at this juncture.
Not now. Once we finish with all the witnesses, we will call her back for cross-examination or questioning.
Thank you, Mr. Temporary Speaker, Sir. Our next witness will be Linda Gakii.Mr. Mwenda and Mr. Mwangi will take the witness. Mr. Temporary Speaker, Sir, as they prepare, Mr. Ndegwa's team went away with our bundle. If they can just return it, so that we can refer to it; the biggest bundle.
Thank you. Kindly tell the Senate your names.
My name is Linda Gakii Kiome.
What are your qualifications?
I am an advocate of the High Court of Kenya.
When were you admitted to the bar? Kindly, you can give us your P/105.
My P/105 is 9006/2012. 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.
What are the notable possessions that you have ever held in your career?
I have been a member in long standing of the Law Society of Kenya (LSK). I am a member of Federation of Women Lawyers (FIDA). I have been the Chairperson of Mount Kenya Branch of the Law Society of Kenya and other positions therein for about 10 years. Thereafter, I was the interim president of the Law Society of Kenya for three months. After which I became a member of the Council of the Law Society of Kenya representing advocates practising in up country. This is the second term now.
When were you appointed by the Governor as a legal advisor?
On 28th March, 2023.
When was your contract terminated?
An alleged termination that was signed by the Chief of Staff, Meru County, Nchamba Mbithii, dated on 26th March this year, 2024.
There is an affidavit dated 18th August, 2024. Are you aware of that affidavit?
I am aware of the affidavit.
Where have you filed that affidavit?
I filed the affidavit before this Senate.
Before this Senate?
Yes.
What are the circumstances leading to you filing that affidavit in the Senate?
Thank you, counsel. While attending the annual conference in Mombasa, Diani Kwale County, yesterday I received a phone call from one of the Members of County Assembly (MCAs) from Meru County, Hon. DMK Kiogora, who asked whether I was aware of a letter that I had written, christened as a legal advice to the Governor of Meru County, while within the term which I was deemed to have been her legal advisor. When I received that letter through WhatsApp, it was an alien document. I can confirm before this House that yesterday was the first time I saw that document. It is not a document that emanated from me.
There is an internal memo in the documents of the Governor brought to this Senate. It is labelled as KM5. I want you to have a look at it. Are you there?
Yes.
I want you to have a keen look at that letter. From whose office is it emanating from?
The letterhead seems to come from the office of the Governor.
Who is the author of the letter?
It is from the legal advisor, office of the Governor.
Who is that legal advisor, office of the Governor? 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.
According to that letter, at the very end, it has been signed off, but the name is not indicated.
When was that letter, that memo written?
On 23rd February, 2024.
Were you still the legal advisor to the Governor?
Technically, yes.
Why are you saying technically yes?
In the month of December, 2023, the Governor summoned me in her office in Meru and asked me to tender my resignation. Out of which, the subsequent letter for notice of termination was issued to me by Nchamba Mbithii. That was dated 26th March, 2024.
So, substantively, you were the legal advisor by 23rd February?
Indeed, counsel.
Until which date did you vacate the office? When was your contract terminated?
There was a notice of termination on 26th March, 2024 which forms part of the affidavit that I filed before this Senate. It indicated that my services would be terminated by 30th April, 2024.
So, it means by 23rd February, you were the legal advisor to the Governor.
Indeed so.
I want you to look at the signature at the tail end of that letter. It is on page 12 of volume 1B of the Governor's documents. Whose signature is that?
The signature mimics my signature.
Why do you say it mimics your signature?
I say it mimics my signature because I did not append this signature.
Page 12 of the Governor's documents, volume 1B. It should be a blue copy.
Counsel, could you also tell us the affidavit by the witnesses is on which document?
The affidavit was filed by the witness. That forms the basis of why we called her to to be a witness today. It was filed to the Clerk of the Senate yesterday. It should be an independent document.
Very well, proceed.
So, you said the signature mimics your signature.
Indeed, counsel.
That means it is not your signature. 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 not my signature. I did not prepare and sign this document.
The Governor's team brought this document to this honourable House to rely on it as her evidence and for defence. What would you want this House to treat this document?
First---
On a point of order, Mr. Temporary Speaker, Sir.
What is your point of order, Sen. M. Kajwang’?
Mr. Temporary Speaker, Sir, just like you have struggled to get visibility on that affidavit, I am looking at the soft copies here, and I cannot find it. It is such a material submission that it would make sense for us to proceed until and unless we can confirm that we have it.
Thank you, Senator. Just one moment, counsel. Stop the time, please.
All right.
Mr. Temporary Speaker, Sir, with your kind permission, we would be able to have the assistance of supplying the hard copies to the honourable Senators as printed.
Can you say that again, counsel?
Mr. Temporary Speaker, Sir, if it so pleases you, we have the copies printed that the Senators can have access to.
Okay, give it to the Serjeant-at- Arms times and it will be distributed to the Senators.
We are most obliged.
On a point of order, Mr. Temporary Speaker, Sir.
What is your point of order, Sen. Oketch Gicheru?
Thank you, Mr. Temporary Speaker, Sir. I needed your pronouncement whether the affidavit was presented on time to the Clerk. That is the materiality with which the Senator for Homa Bay County was referring to that piece of evidence.
Thank you.
Counsel, could you please explain the affidavit to the Senators?
Thank you, Mr. Temporary Speaker, Sir. We received the defense documents from the Governor on Saturday past 5.00 p.m., the required time. Out of that, we realized some anomalies on the part of the affidavits, internal memos and letters given in the defense. Our witness being an advocate and after coming across these documents, vehemently opposed the position of that document that she was 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.
not the author of the document and therefore, we question the authenticity of that document. That is why she moved to swear an affidavit, yesterday on 18th and it formed the basis of our prayers this morning that this witness be called, as a witness of the Senate, to come and substantiate on the document. This is because, if this is not substantiated and it is a forgery, I am saying if it is a forgery, then this House can form the basis of the final determination of this case based on that document. That is why she was called upon to come and give this evidence.
What is your point of order, Sen. Eddy? If I could give guidance that this witness was one of the witnesses who were summoned through the Senate on the request of the Counsel. The summons went out this morning.
Mr. Temporary Speaker, Sir, the materiality of the fidelity is about the issue of timing and filing. However, for my own purpose and use, I wanted to know whether the counsel for the defence objected to what the counsel has just talked about.
So far, he has not objected.
It was not objected to in the morning.
Very well. We have established that. Please, proceed.
We will proceed to paragraph seven. I will request you to read it for this House.
Thank you. I have deponed in paragraph seven that I categorically state that the internal memo in question contains advice and information that I must clarify, was neither prepared nor authorized by me. I want to make it unequivocally clear that I did not draft, review or endorse the contents of the said internal memo.
I will further request you to read paragraph eight.
In paragraph eight, I deponed that all the matters therein are alien to me and simply put, the Governor has never sought any such legal advice from me and as such, the internal memo is a forged document. I will not hesitate to report the same for investigations by the DCI. When I arrived in Nairobi, I went to the Parliament Police Station and they told me that the only place I can lay this claim is before the DCI in Meru County. That will be the first thing that I will do because I feel aggrieved. I was impersonated and as an advocate of the High Court of many years of practice, that even my own pupil could have done better on this advice. I have a lot of respect for the Governor. In fact, I look up to her in a lot of ways. She is a resilient woman, but when I saw this letter, my heart sank with a lot of regrets.
Thank you. I will further invite you to read paragraph 13 on page two. I will tell you where to stop.
Mr. Temporary Speaker, Sir, I deponed in paragraph 13 that the internal memo has been forged and manipulated to appear as if it originated from me. 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.
Thank you. Let us do paragraph12.
In paragraph 12, I have deponed that the contents of this internal memo are not only mediocre, but also embarrassing. To say the least, the internal memo could not have been prepared by an advocate of the High Court of Kenya.
Such advice must have emanated from a person who has very little knowledge of serious matters of law and such which were being addressed in that internal memo.
So, counsel, in the finality of this matter, you want to say that the document forming the basis of the defense of the Governor has elements of forgery, especially on this internal memo?
Absolutely.
Thank you.That is all for us.
Counsel, you can proceed with the cross-examination.
Thank you, Mr. Temporary Speaker, Sir.
As a result of time constraints, I will go direct to the issue at hand. I will call you by your formal names, Linda Gakii Kiome, for purposes of these proceedings. So, Linda Gakii Kiome, please, confirm for the record that you are an Advocate of the High Court of Kenya.
Indeed, so, m walimu .
Thank you so much. You are aware that the issue you have now brought before this Senate is a controversy as to whether you issued the advice in question or you did not issue the advice in question. Is that a correct summary of the issue?
Indeed so.
Thank you. The Governor's case from your reading of the response to the impeachment is that she received this advice. Is that not correct?
That is correct.
Your position is that it is not you who issued this advice?
That is true.
Just for my understanding, is it your case that the Governor, as a matter of fact, never received this advice?
I may not know, but I am not the one who prepared this document. I am not the one who signed this document. In fact---
Sorry, Linda, let us just stop there. Time here is such a big issue. I just wanted to clarify. Is it your case that, as a matter of fact, the Governor never received this advice?
From me?
No, I am asking from you. I am saying, as a matter of fact, she never received it.
I may not know.
You do not know. What would bother this Senate, if I sat where the Senators seat would be, why would you come to make this kind of grave claim against the Governor? That is a legitimate question, is that not true?
Indeed so. 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 see whether we can find an answer to that question. Linda, your services as the legal advisor to the Governor were terminated by the County Government of Meru. Were they not?
They were terminated.
I am happy. I just wanted to confirm that fact.
Now, you did not take this lying low. You filed Meru Employment and Labor Relations Case No.E022 of 2024 against the Governor's Government of the County of Meru. True?
That is true.
So, you have an active dispute with the Governor of Meru County?
Indeed so.
Thank you so much. Before this, Linda, you were the running mate to the Hon.Mithika Linturi in a ticket adverse to the Governor's ticket in the last general election.Is that true or not true?
That is true.
Thank you so much. Are you a resident of Meru County?
I am a resident of Meru County.
It is fair to say that the Governor, Hon.Kawira Mwangaza, does not enjoy a very good relationship with Hon. Mithika Linturi. Is that a fair assessment?
That is not a fair assessment.
Okay, let me put it contrary. The Governor enjoys a fantastic working relationship with Hon. Mithika Linturi. Is that now a fair assessment?
Mwalimu, if only you had let me finish.
No. You have answered my question. I have limited time. The Speaker knows just how much time I have. Therefore, I am asking very limited questions. You said it is not fair that the Governor does not enjoy a good relationship. I am therefore suggesting to you, confirm that the Governor Kawira Mwangaza enjoys a fantastic working relationship with the person to whom you were the running mate, Hon. Mithika Linturi. Is that a fair assessment?
I may not know about that relationship.
You do not know? I am happy with that answer. You are aware that there was an impeachment Motion in Meru County Assembly by the same Mover of the Motion that brings us here today just this month of July.True or not true?
Mr. Temporary Speaker, Sir, I am aware.
You are aware that in that impeachment Motion, the termination of your services as the legal advisor to the Governor was an issue raised for removal of this Governor from office?
I saw the impeachment Motion and I confirm that is the position.
Thank you, Linda. If I look at your affidavit, you want to make us believe that the person who drew your attention to the fact that this legal advice is here in the Senate was hon. DMK Kiogora? Is that correct? 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.
Hon. Members, that is the true fact.
Thank you. Hon. DMK Kiogora is the same person who moved the first impeachment Motion against this Governor before this Senate. True or not true?
That is true.
Hon. DMK Kiogora is one of the people who signed on the Motion in support of the removal of this Governor which Motion brings us here today? True or not true?
Mr. Temporary Speaker, Sir, that is true.
Therefore, it is fair for us to conclude that you were actually procured by those who are against the Governor to come and state what you have stated before this Senate. Is that not a fair assessment?
It is a very unfair comment.
Thank you. I will leave it with that. Allow me to move to something else very little.You want us to believe that you came to this Senate as an independent witness, not one of those witnesses summoned by the County Assembly. I mean you are voluntarily giving evidence for the County Assembly.
I came here to clear my name.
Somehow, as early as yesterday, in advance of the County Assembly's application today to this Senate, you had a ready affidavit to support their evidence?
I sent that affidavit to the Speaker at 10.00 p.m. at night.
How was it received? The copy I was served does not have any receiving stamp in this Senate.
Mr. Temporary Speaker, Sir, I may not know how it was received, but I sent it to the email of the Speaker of the Senate.
Okay. It is your testimony that this affidavit was sent in soft copy?
Mr. Temporary Speaker, Sir, I did so, but I sent I also sent Hon. DMK Kiogora to ensure that it has been submitted.
You also dispatched DMK Kiogora, a signatory to the impeachment Motion against this Governor, to follow up for you that this has been received here.True or not true?
Mr. Temporary Speaker, Sir---
You also sent hon. DMK Kiogora. Did you not?
Mr. Temporary Speaker, Sir, I asked him to confirm---
Let us use the word asked to save time.You also asked him to confirm for you. True or not true?
It is true.
Thank you, Linda. Having said that, in the case you have filed at Meru Employment and Labour Relations Court, Case number E0/22 of 2024, one of your witnesses in that case is Virginia Kawira. Do you know that? 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.
No, she is not my witness. I have sued the County Public Service Board (CPSB) together with the Governor.
Is Virginia Kawira one of your witnesses in that case?
She is not one of my witnesses.
Let me move in finalization of this matter. The opinion in question has a signature. Does that signature resemble your signature?
It resembles. I said it mimics my signature.
I am using a different term. Does it look like your signature?
Mr. Temporary Speaker, Sir, it resembles my signature.
It was issued during your term in office?
I may not know, but the dates are within the timelines- --
The date is within the time when you were in office?
Indeed so.
During that time, you used to render legal advice to the Governor?
At that time---
During that period in office?
The Governor had already asked me to write a resignation letter.
I am asking; at the time you were in office, had your services been terminated?
The Governor was only waiting to write for me a dismissal letter.Verbally, she had asked me to resign in December, 2023.
Sorry Linda, let me go back a little; is the advocate in your case in Meru, Ngwele and Company Advocates?
He is.
That case was filed on 21stMay, 2024.
It was.
You filed a list of witnesses in that case.
Yes, I did.
You are witness number one in that case.
In fact---
You are witness number one on that list of witnesses in that case?
Yes.
Would it surprise you that in the soft copy in front of me, is that list of witnesses with Virginia Kawira Miriti as your witness number two?
At the time---
Would it surprise you?
It would not surprise me.
So, it is true that in that court case, the list of witnesses filed there for you, lists Virginia Kawira Miriti as your witness? 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.
At the time before the same---
Is it true that that list filed in that court lists Virginia Kawira Miriti as your witness number two?
It does.
Thank you so much.
But circumstances changed.
I have no problem with that. At least this Virginia Kawira Miriti is the same person the County Assembly has also applied to come here today and give evidence that they were not able to procure her earlier as a witness.
Come again?
Today, the County Assembly applied for some witness summons. Are you aware that together with you, they also sought that Virginia be summoned?
I am not aware.
I am now putting it to you as a fact that she was also summoned. Now, I suggest to you that these coincidences are too fantastic to be merely coincidental?
Hon. Members, I was later dismissed after I filed my suit by the same Virginia Kawira and she signed a dismissal letter against me. Now, circumstances have changed, she is no longer my witness. We have admitted to the court to ask to amend our pleadings to reflect as much. So, she is not my witness.
To your knowledge, do you know of a further list of witnesses filed in that case?
I may not reflect my---
A researcher going to that court file will find only one list of witnesses listing you and Virginia.
Indeed.
Thank you. The same Virginia who you also know has sued the County Governor for the termination of the revocation of her appointment as the Secretary to the County Public Service Board.
I do not know.
You do not know that fact. I am suggesting to you that all these things I have pointed here, if you search as an objective observer, it will show that you have a bone to pick with the Governor.
If I was to bring my statements for calls, I have never talked to Virginia nor to any other MCAs.
The question was different. I am saying that all this; filing of the case, your Mithika's running mate and your name being in the impeachment motion. I would have gone into the public participation where your name was mentioned multiple times as the reason for this Motion before us, but we shall submit that letter to the Senators because the record is before them to show that, generally, you have some bone to pick with the Governor. There is a quarrel you have with the Governor because your services were terminated. 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.
I have no quarrel with the Governor. In fact, when I received my appointment letter, it is the former Cabinet Secretary for Agriculture and Livestock Development, Hon. Mithika Linturi, who told me to go and help his sister in Meru County. She also affirmed that when she was giving me my appointment letter. I have no fight with the Governor.
Thank you. There is something in the Bible called the keys of betrayal. Thank you so much, I will rest at that.
Mr. Temporary Speaker, Sir, my name is Ndegwa Mwangi. I will take very few minutes in re-examination. Madam Linda?
Yes.
Did the Governor give you---
Counsel, you only have 14 minutes, be aware.
Mr. Temporary Speaker, Sir, I will take less than that. Did the Governor give you the job knowing that you are the Deputy Governor to Hon. Mithika Linturi?
She did.
Did the Governor seem to be having a litany of cases against her former employees?
Come again, Counsel?
The Governor seems to be having so many cases in court with her former employees. Are you aware of that?
I am aware.
Several issues have been raised before this Senate. There is the issue of whether you have filed a case and whether Virginia is your witness. The issue in question is the memo. Is it your evidence that the signature does not belong to you?
Mr. Temporary Speaker and Hon.Members of the Senate, I am an advocate of the High Court. I would not come to lie to Hon. Members. This is not my signature. It has been lifted from previous documents and placed on this document.
Would you know whether the Governor received that advice when it is not you who gave it to her?
I may not know.
Now, what is the case that has been mentioned as relating to the question of the internal memo? Is there any relationship?
There is no relationship. This is about legal advice. I have come to clear my name. Why? It is because of the mediocrity of the advice. I would also have wanted to be a national leader. I had applied to be a Principal Secretary. If I come to the committee that chairs the appointments from the national Government and such a document is presented as to have emanated from me, how would I speak for myself? How would I defend myself? 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.
The only reason I am here is to clear my name. I am so disappointed that such a document would be forged with my name by Her Excellency. I have no ill feelings whatsoever against the Governor.
A link has been laid relating the honourable Member who called you to the first impeachment Motion. There is a link that has been created that you are here to perpetuate the deeds of the hon. Member who called you to report to you about the internal memo. The question is: Was the first impeachment that was moved by the said hon. Member, before the forged signature?
It was before the forged signature.
You cannot be a conduit of the said Member, can you?
Honestly, I am not.
That is all, Mr. Temporary Speaker, Sir.
Legal Counsel for the Assembly, be aware that you only have 10 minutes to conclude with providing your evidence and witnesses.
We are most humbled. Within the 10 minutes, allow us to call our next and last witness, Jacob Kirari. Mr. Mawira will take the witness.
Serjeant-at-Arms, please, bring the witness in.
Sen. Faki, what is your point of order?
At some point, you had indicated that you would give the Senators opportunities to ask questions. Was that overruled?
No, we are approaching question time very soon.
Okay.
Counsel, you can have your witness sworn in. Serjeant-at-Arms, kindly facilitate the swearing-in of the witness.
Mr. Temporary Speaker, Sir, my name is Boniface Mawira. I will take this witness through cross-examination. 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.
I have a few questions for you, Mr. Witness. Kindly introduce yourself. What is your name?
My name is Jacob Kirari. I am the Clerk to the County Assembly of Meru.
Mr. Temporary Speaker, Sir, when we made the request for summons in the morning, we requested that the Clerk should avail the original register of documents that are received by the County Assembly as and when they are served. He has the original register here. I am truly sorry for this. He has just arrived with this original register. You might not have the benefit of the copies because he has just arrived a few minutes ago. So, probably after this, copies of this original register can be made for the benefit of the Speaker and the Hon. Members.
Mr. Temporary Speaker, Sir, I would desire to respond to that request before a ruling is made.
All right. Counsel, for the Governor, you had an intervention. Please, proceed.
Mr. Temporary Speaker, Sir, the procedure of this House is that the notice by the Clerk gave all of us up to Saturday, 17th August, this year, to furnish our documents to the Clerk. My colleagues will confirm we actually, both of us, met at the Clerk's office at the same time. In fact, the Clerk did not have to incur any expense serving these documents. The parties just exchanged the documents there. We have just dealt with a witness here whose affidavit was brought to us for the first time when we were sitting here. We have had to collect all this information you have seen me using to cross-examine, including getting information from court in Meru to confirm who these witnesses are, because she had lied to you that so-and-so is not my witness, Virginia is not my witness. I had to get that evidence from Meru. It is an unfair approach to a trial for parties to keep subjecting us to new documents that we have not had a chance to discuss with our client and other persons who may have knowledge, so that we can fairly engage in cross-examination. Mr Temporary Speaker, Sir, I humbly beseech that parties having filed their documents, this witness’ evidence be limited to commenting on the documents already filed and not introducing new documents. It is becoming an extremely punitive trial process to us, as counsel and to our client, if we will continue facing a trial by ambush. Fortunately for me, this Senate has a number of lawyers who know just how egregious trial by ambush is to our justice system. We are here in a justice process. We beseech you, Mr Temporary Speaker, Sir, to make a definitive ruling that the evidence of this witness is limited to commenting on the documents already filed by the parties, where both parties have had a fair chance to look at and not ambushing us with new documents which we do not know how we shall interrogate them before we cross- examine them. I humbly beseech you.
Counsel Ongoya, you will note that in the morning, there was an application under Regulation 10 by the Counsel for the 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.
County Assembly with regard to these two particular witnesses. That is the basis upon which they were allowed to come in and was summoned. The first witness has already been dealt with and you dealt with it very well whichever way you did, whether it was out of your ability to do it, you did it within that short time. I believe equally, that this particular witness, because of the summons that the House issued earlier because we have not yet seen the documentation they are going to rely on, it will be on the basis of your documents and whatever registers that we will shortly direct, that it will be available to the Members of the House for them to print out of it as the witness proceeds to testify. I believe that in the shortest time that we have, we will have the witness take the stand and will be guiding the witness along the way. Counsel for the County Assembly, please, proceed to take the witness and make available the document that you want to have your witness testify on.
Mr. Temporary Speaker, Sir, the witness has come with the original register. For context, the reason as to why this witness has been summoned is because we discovered forgeries in the Governor's documents after we exchanged documents on Saturday at around 6.00 p.m. The only reason this witness has come - It is a fairly short witness and in our summary request that we have built the original register there is only one original register. This is the original register he has brought for the letters and other correspondences that are served in the County Assembly. So, I implore and I would seek your guidance, Mr. Temporary Speaker, Sir, as to whether you can assist us to make copies so that they are available to Members or the original register can be circulated to Members. I am lost on the transcript there.
Counsel, as you run the witness to the document, we will need definitely for you to table the original document, as well as making available copies for counsel for the governor as well as the House to interrogate whether or not we will admit it, but we must get a copy of that register. Sen. Faki, what is your point of order?
I am trying to understand this procedure. What I understand is that, whatever evidence that was before the County Assembly is what was brought here. Now, if they are bringing in new evidence, I do not think it is admissible.
Sen. Faki, if you followed the proceedings in the morning, pursuant to the application made and the ruling of the Speaker, the reason as to why we have this witness is on the basis of that ruling. That has not been vacated. We are proceeding to deal with it. Proceed, Sen. M. Kajwang.
Mr. Temporary Speaker, Sir, it would be academic for us to proceed in the manner that has been suggested by the counsel for the County Assembly. We cannot listen to the submissions and entertain the interrogation if we do not have visibility of the documents or records. We are the judges in this matter. We are not the spectators. I know there is a past impeachment proceeding where we found ourselves in such a situation where a witness had been summoned and the documents had not been availed to Members of the Senate. 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.
The Speaker sitting where you are sitting made a ruling that we could proceed with the next witness, and if we do not have the next witness, then the House could consider listening to the testimony of the witness tomorrow in the morning, when all Members are able to be seized of the records or the substance that he wants to use to convince the Senate. Therefore, let us not do an academic exercise.
Sen. M. Kajwang’, the ruling that I have made is to the effect that we get documents in the form of register for purposes of the Members to interrogate as well as the counsel for the Governor. This is the last witness by the County Assembly and they have limited time. You know, we are prosecuting this Motion within limited time, and therefore, we will, in the next five minutes, be able to conclude on this particular document available to Members, and then we close on this particular case. For now, the position is, we will avail the document they rely on, as well as, if any, important comments that they want to make or interrogate on the evidence that already had been supplied by both parties. I do not want to deviate from that early ruling. We will give them a few minutes to avail that document.
Sen. Faki, I will not allow you to intervene any further. What I will do is to give direction, which is that we will stand down this particular witness. We have got questions and clarifications by Members from among the witnesses who already testified. We will go back to them to get clarifications. Once we are done, we will come back to this particular witness. By that time, we will have had time to look at the document, including giving an opportunity to the counsel for the Governor to look at that particular register before they take the witness to the stand. Can we have the witnesses who testified, probably starting with the first one, put to the stand? Let Members ask questions and clarifications and make inquiries they would like to have from that particular witness, so that we immediately embark on that session. Once we are done, we will go back to the gentleman who was on the stand. That is the direction of the Chair. The witness can step back as we prepare to avail that document to the House.
We are most obliged, Mr. Temporary Speaker, Sir.
Hon. Members, the witness is already here. For purposes of time management, we will ask questions and seek clarification from the witness. Each Member to inquire and get clarification under two minutes because we have one hour starting from now. This session should end one hour after 9.15 p.m, which is at 10.15 p.m. From my dashboard, I can see the requests from Members is almost everyone in the House. So, when you have the opportunity to ask, kindly do so under two minutes and make sure you go straight to the inquiry you want to 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.
make. Do not unnecessarily waste time in laying a lot of foundation. Whoever is not in, we will forfeit the opportunity. Then next on the line is Sen. Orwoba, who is not in. Senator Joe Njutu, proceed.
Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I want to seek clarification from the witness. I hope she is listening. There was a video that was played that showed one person that was said to be an activist in Meru, talking about something very malicious against the Senate. I would like the witness to tell us the circumstances surrounding those comments. Two, there was a fire in the witness's compound. However, looking at the image on the video clip, the fire was just next to the wall. There were some goods that would have been destroyed by this fire, which did not catch fire. Would the witness clarify exactly how the fire that was supposed to be damaging her property fell just next to the wall? In conclusion, there is a claim that there was a disease that was killing cattle in Meru. Would the witness tell us whether she made a Statement, a Question or a Petition to the County Assembly, being a Member of the County Assembly, instead of prosecuting this matter in public? Those are the clarifications I will be seeking from the witness. I thank you.
Madam Zipporah, you may respond to those three questions.
Thank you, Mr. Temporary Speaker, Sir. I started by saying I regret the comments made by the activists against this honourable House. They do not form the opinion of the County Assembly of Meru on the opinion of this House. I also trust they do not form the opinion of the Meru people. According to the video, because I was not present in that meeting, it shows that there were some prayers for the late blogger that we have talked about. It is in those circumstances that the person commented that. Personally, I may not understand why the activist went into castigating this honourable House in his own comments. I believe it is unfortunate, unwarranted and uncalled for. I regret that. I personally disassociate myself from the comments. I do not share the same opinion.
You have answered that one. I want you to answer the second and third question under one minute. We are running against a crazy timeline.
Thank you, Mr. Temporary Speaker, Sir. I am well guided. On the second question on the fire, I informed this House that the fire was thrown into my house from the fence. It did not originate from my house. There is some distance between the cowshed that you saw and the fence. That is the reason why the cow was not burnt because of that distance. Also, the watchman who was awake at that time could be seen trying to find out what had caused that fire and was using a torch. At that time, he woke up the people who take care of the cows to come and assist him put off the fire. I cannot confirm the origin of the fire, but it was thrown. When I reported to the police, they came and collected 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.
exhibits, including what was thrown into my compound. It smelt of petrol and even now, those exhibits are still at Nkubu Police Station. Mr. Temporary Speaker, Sir, on question three, I submit that the disease that the farmers from Uruko were talking about was the lumpy skin disease. I am also a farmer and I do farming. I also had the same challenge and I submit that I did not seek a statement from the County Assembly of Meru. I did not file a petition, but I have sought over 15 statements of other issues in the County Assembly of Meru. I thank you.
Thank you. I will allow Sen. Maanzo and Sen. Wakoli to ask questions so that you answer the two Senators at once.
Thank you, Mr. Temporary Speaker, Sir. About the fire in the County Assembly, she already provided a video of her home. Is there any evidence that the County Assembly ever caught fire? If it did, how come she still went to spend the night there and use the Chamber the following day? Secondly, on the diseases of the cows, I believe these cows are owned by individuals and are associated with a co-operative society. When a disease breaks out, do the owners of the animals seek their private vet or they take the long process, where they go to the county government, which has to go through a procurement process? What would be the most logical thing to do for an owner of a cow, which gets sick because we saw videos of people complaining? Do they immediately deal with it or they look for the county government which is a longer route? The witness showed a video of Buuri and someone saying that Buuri will burn down. Can she confirm to the Senate whether the whole of Buuri Sub-County was burnt down?
Sen. Wakoli. Hon. Zipporah, you will wait for the second set of questions from Sen. Wakoli and answer both of them at once.
Asante, Bw. Spika wa Muda. Ningependa kumwuliza Mhe. Zipporah, katika mkutano wa wakulima, pale ambapo ng’ombe walikuwa wanafariki kutokana na ugonjwa wa ngozi---
Bw. Spika, ninaomba utulivu kati ya viongozi wenzangu.
The Senate Majority Leader and Sen. Cherarkey, allow Sen. Wafula to be heard in silence.
Asante, Bw. Spika wa Muda, ningependa kujua iwapo katika mkutano huo kulikuwa na moafisa wa kaunti ambao walijiunga nawe, kushuhudia vifo vya ng’ombe ana mifugo kwa sababu ya maradhi ya ngozi.
Pili, katika Bunge la kaunti pale ambapo mulikesha usiku kwa sababu ya kushambuliwa, je, ilinakiliwa kwa vitabu vya Bunge la Kaunti ya Meru, wawakilishi wa wadi kwamba maisha yenu yako hatarini? Tukiangalia stakabadhi za Bunge lenu 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.
tutaweza kudhibitisha kwamba ni haki na ukweli kwamba viongozi walitafuta hifadhi kwa sababu ya vitisho mlivyopata kutokana na kazi mliyojitwika katika kaunti yenu?
Asante, Bw. Spikawa Muda.
You may now proceed to respond to those questions.
Thank you, Mr. Temporary Speaker, Sir. On the fire in the Assembly, I submit that I was inside the Assembly. I saw the fire on the roof of the Assembly from inside. I submit that a report on the occurrence was made at the Meru Police Station. I submit that the County Assembly of Meru has CCTV footage, although I did not have adequate time to extract it. It can be good evidence of how the Assembly was torched.
Then, on the disease, it is true that the individual farmers take care of their livestock, especially when the animals have some problems. However, I submit that vaccination is a very big issue that is usually done by the governments, simply because the farmers cannot keep those vaccines. There is no single private practitioner who vaccinates the cows.
Secondly, the farmers cannot afford the vaccines, which are very expensive.
In the past, as it is the standard practice, the government subsidizes the vaccinations to ensure even these diseases do not spread. A disease can be led by an ignorant farmer, and then it spreads, and this disease wipes out all the cows.
Thirdly, regarding the public participation in Buuri, the officer tried to disrupt the public participation. However, our staff from the County Assembly insisted and said that those that wanted to participate to write written memoranda. So, from Buuri Sub-County, we relied heavily on written memoranda because many of the participants shied away from the public participation venues because of the said threats.
On the second question about the disease, I submit that I did not say there was a meeting. I said that these farmers consulted me or talked to me about their plight. They explained to me that they suffered these losses and we did not have any meetings. I submitted that. Immediately, after I got the report, I called the Director of Livestock Production and Veterinary Services to find out why the county was not vaccinating cows at that particular time as is the norm. I made that great effort. However, it was to no avail because we did not get any assistance. On the County Assembly again, I have noted that the reports by the investigators indicated that it was a petrol bomb that was thrown. I read those charges here. It was retrieved by the investigators and they have it as part of their evidence as they were charging these criminals. I submitted that MCAs, including myself, were feeling threatened and that is exactly why we slept in the Chamber in order to be secure. I thank you.
Thank you, Sen. Osotsi proceed. After Sen. Osotsi we will have Sen. Kinyua. You will answer questions from those two Senators.
Thank you, Mr. Temporary Speaker, Sir. I have two clarifications. The first is on the Petition No.5 by the members of the public to the Meru County 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.
Assembly, which was filed on the 15th November, 2023. You note that this was just seven days after the last impeachment, which we had done on the 8thNovember, 2023. I would like to find out from the witness whether she finds this to be a bit sinister. This particular Petition was calling for the impeachment of various County Executive Committee Members (CECM) and Chief Officers (COs) by the County Assembly, and therefore, further, dismissal by the Governor. Was this a continuation of your effort to derail the County Government of Meru? Second issue; the witness confirmed to this House that she is a member of the Public Accounts Committee (PAC) and hence has obviously interacted with the Public Audit Act. Sections 31, 50 and 53 of the Public Audit Act are very clear that the report of the Auditor-General has to be considered, processed and reported to in the county assembly----
Sen. Osotsi, you time is up. You have asked the first question. Sen. Kinyua, kindly ask your share of questions.
Asante Bw. Spika wa Muda. Katika kanda za video ambazo---
Order, Hon. Senators. Let us have Sen. Kinyua being heard in silence.
Bw. Spika wa Muda, katika kanda za video ambazo tumeonyeshwa hapa, tulimwona Gavana Kawira akisema kuwa kuna pesa ambazo zimechangwa. Hii ilinikanganya kidogo kwa sababu alipokuwa akinena kwa lugha ya Kimeru alisema kuwa pesa zilizokusanywa ni shilingi milioni 87. Lakini alipozungumza kwa lugha ya Kiswahili alisema pesa zilizokusanywa ni shilingi millioni 60 na akasema zinaweza tumika kumjengea nyumba ya ghorofa yule mjane na vilevile anunuliwe gari. Bw. Spika wa Muda, katika kanda nyingine ya video, nilimsikia MCA akisema kuwa Gavana wa Meru County ni wazimu. Lakini, baadaye alipokuwa akiulizwa kuhusu swala lile alisema kuwa alinukuliwa vibaya. Mimi nashindwa kama ni yeye alimnukuu Gavana wa Meru na kusema kuwa amesema mambo mawili ambayo hayaambatani. Kwanza, pesa zilizokusanywa ni shilingi milioni 87 tena kwa Kiswahili, nikaskia akisema kwamba, yeye alinukuliwa vibaya. Inaonekana waziwazi ya kwamba amesema mambo mawili tofauti. Akiongea kwa lugha ya Kimeru, alisema tofauti na yale yaliyosema akiongea kwa lugha ya Kiswahili. Yeye mwenyewe anaweza kusema ya kwamba alinukuliwa vibaya katika ile tuhuma ambayo imeletwa katika Seneti hii. Nashukuru.
Zipporah, respond to those two questions.
Thank you, Mr. TemporarySpeaker, Sir and hon. Senators. On the question on Petition No.5 that was presented to the County Assembly 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.
on 15th November, 2023; I may not be in a position to explain whether it was a sinister motive because the members of the public that presented this petition did it on their own volition. Petition No.5 was committed by the Speaker of the County Assembly of Meru to a Joint Committee on Labour and Justice; two committees that I am not a member of. So, just like any MCA who is not a member of those two committees, I consumed that report only on the day it was tabled on the Floor of the House. So, about the sinister motive; I may not be able to explain because I consumed the report on the Floor of the honourable Assembly. Number two; yes, I submit I am a member of the Public Accounts Committee (PAC) and the section that has just been quoted is indeed correct. However, I submit that apart from that section, Article 229(6) also indicates that an audit report can indeed, be considered by the County Assembly, but it also clear that the audit report is final. In this regard, I submit that in the audit report, it was clearly indicated that the management of the County Government of Meru was in breach of the law. So, I do not feel that the County Assembly could have said the management is not in breach of the law. Mr. Temporary Speaker, Sir, the next question was from Sen. Kinyua. In the video, the Governor talks about a contribution of Kshs86 million; she is not giving two amounts. She only said that if that money is not above Kshs60 million, then those who are collecting that money are wakora na wezi in Kiswahili. That is what she insinuated, she did not give two figures. I believe it is the Governor who can speak for herself on whether she was taken out of context or not. In the video that I am talking, I submit that that video was a media interview that I had taken for more than an hour. Although I said I cannot remember the dates, I submit that I had talked about so many governance issues. If that video was played in full, I would be able to explain the context and the circumstances under which I made that comment. That is why I feel it was out of context. Thank you.
You have answered the questions. We will have Sen. Oketch Eddy and Sen. Mundigi, in that order.
Thank you, Mr. Temporary Speaker, Sir. Witness, I know it has been a long day. I will be brief. I have two questions. You have confirmed that you belong to the Committee on County Public Accounts Committee (CPAC) in the Assembly.
Indeed.
I wanted to know, in your own understanding and knowledge, do all the Members of County Assembly (MCAs) in Meru County, those who voted for and against this impeachment, in your best of knowledge, belong to committees? If they do not belong to any committees, can you tell this House the circumstances that make them not to belong? The last question is still on CPAC. The question that Sen.Osotsi asked is still not exhaustive to me. If you read Article 229(8) of the Constitution, read together with Section 31(5) of the Public Audit Act, the question is more of the responsibility to youas a member of CPAC and to the Assembly as a whole. 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.
This is your evidence in chief. In your best knowledge possible, was this report considered and thereafter---
Sen.Oketch Gicheru, your time is up. Proceed, Sen. Mundigi.
Asante, Bw. Spika wa Muda. Mheshimiwa, swali langu ni kuhusu kilimo. Kila kaunti ina kamati ya kilimo na mifugo. Ng’ombe ishirini ilikufa na kila ng’ombe ilikuwa ni shilingi elfu mia mbili. Hizo ng’ombe zilikuwa katika kijiji kimoja. Kila kijiji kina mbuzi, kondoo, ngamia na punda. Wakati ugonjwa uliingia, je, kamati ya kilimo na mifugo ilitembea kona zote za Meru County kufanya hesabu ili waweze kuona ni mufugo wangapi wamekufa ili tuweze kujua kama uchumi wa Meru umeimarika au umekuwa ukirudi chini. Ng’ombe ishirini kwa shilingi elfu mia mbili ni milioni nne. Ukihesabu utaona kuna ward ambapo ng’mbe arubaini na tano wakufa, hizo pesa zinakuwa ni kiwango cha juu sana. Mlipata wakati wa kasaidia ua mlifanya vipi kuinua uchumi wa Meru kuhusu mifugo hii?
Hon. Zipporah, respond to those questions.
Thank you, Mr. Temporary Speaker, Sir. I confirm that all the MCAs who did not support this impeachment are in the committees. I can start with the first committee, the Select Committee on Budget, in our volume six of the County Assembly documents. Number one, we have Hon. Jacob Mwirigi Muthuri, the Chairperson of the Budget Committee and he did not support this impeachment. They actually voted against this impeachment. On No.14 on page seven of volume six, we have an Hon. Martin Kimathi Muriungi, Hon. Member for Timau Ward. He is a Member of the Budget Committee and did not support the impeachment of the Governor of Meru. The last one on that list is Hon. Jennifer Makena Morogocho who voted against this Motion. She is a member of the Budget Committee. Mr. Temporary Speaker, Sir, if you allow me, I can go to the other committees.
You do not need to---
I submit---
Zipporah, I am speaking to you. You do not need to go to those other committees.
I am sorry, Hon. Temporary Speaker, Sir.
Proceed to the next.
On the other issue of the Public Accounts Committee (PAC) Section, 31, I stand guided. Sorry, the Hon. Senator can repeat that question and give me the section that he referred to. I am sorry, I did not get it right.
Sen. Eddy, do you want to give the witness the relevant Article of the Constitution?
Thank you, Mr.Temporary Speaker, Sir. I will be fast. I referred to Section 229(8) of the Constitution and Public Audit Act, Section 31(5). It is a 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.
simple question. It is a matter of responsibility over such report that is supposed to be considered, debated and action taken about it by the Assembly. I am asking you, to the best of your knowledge, both in your committee that you sit in and the Assembly, did you consider, debate and take action on that particular report, which is your evidence-in-chief in this matter? If not so, are you inviting the Senate to do the work of the Assembly?
Thank you, Hon. Temporary Speaker, Sir and Hon. Members. I earlier on submitted that even if the audit report, indeed, should be considered by the County Assembly, still Article 229(6) is clear that the audit report is final. Mr. Temporary Speaker, Sir, under no circumstances, in my own opinion, the County Assembly of Meru can negate a decision that has been made in the Auditor- General's report.
Alright. Please respond to the second question that was asked by Sen. Mundigi.
Thank you, Mr. Temporary Speaker, Sir and Hon. Members. On the question of the loss of around Kshs4 million - because the farmer is talking about 200,020 cows - I do not belong to the Agriculture Committee, but I can say that a number of reports have been tabled in the County Assembly in respect of management of livestock development and other aspects of agricultural activities in Meru County. I cannot single out one that is specifically for the lost animal, but I can assure this House that a number of reports have been tabled in the County Assembly of Meru which considered recommendations given to the County Executive. They are all awaiting implementation.
Thank you so much, Hon. Zipporah.
Hon. Members, for purposes of time management, I have an indication that certain Members have got questions with regards to the other witnesses other than the witness at the stand. I would like to know for purposes of allowing you to speak. From the dashboard, I have only one, so far, and we have expended 30 minutes of the one hour that is available. Kindly give that indication, so that we can get to know how to manage the time with hon. Zipporah. For now, we will have Sen. Beth Syengo and Sen. Mungatana in that order.
Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to ask Hon. Zipporah two questions. Before I ask the questions, allow me to make this declaration. It is interesting---
Sen. Beth, please ask your questions.
It is interesting, Mr. Temporary Speaker, Sir, for a woman to bring a Motion against another woman and also line up three women witnesses. The first question is in regard to video VKM09. Madam Zipporah, you declared the Governor’s seat vacant. I know you were not speaking for the Independent Electoral 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.
and Boundaries Commission (IEBC), but I would like to ask. As an MCA together with the others, have you been operating without a governor? Secondly is on the fire that was on your compound. Did you say that the watchman was the one who was taking the video?
Proceed, Sen. Mungatana.
Mr. Temporary Speaker, Sir, first, it pains me as the Senator for Tana River and this Senate that we are where we are again on this matter. We want to help the people of Meru. In the video clip that was played, you said that even if we return this matter, you will go for six times. The question I have is this. Is there a deeper problem in Meru and do you think that by sending away the Governor, we shall resolve this problem on behalf of the people of Meru, or are we making the problem worse? Kindly clarify that.
Proceed to respond, hon. Zipporah.
Thank you, Mr. Temporary Speaker, Sir, and hon. Members for those questions. I will start with the first one, which was not a question, but a comment, which I believe was directed to me about a woman removing another woman from the office. I submit to this House---