Friday, 29th August, 2025 Special Sitting

Clerk, do we have quorum?

Serjeant-at-Arms, ring the Quorum Bell for 10 minutes.

Hon. Members, we have quorum. We should now start the afternoon session. I am told Madam Korir was being cross-examined before the rise of the House. Can you usher her in again? She has some minutes.

I request that Madam Fancy Korir to spend the remaining few minutes.

May I proceed, Mr. Deputy Speaker, Sir?

Proceed, counsel.

Thank you so much. On that note, there are no more questions for this witness.

Mr. Speaker Deputy, Sir, I would like to call the next witness, Jepkoech Langat Winny.

Could you please tell the hon. Senators and the Deputy Speaker, your names, please?

I am Hon. Winny Langat, a nominated Member representing the great women of Kericho County.

Sorry, I think we need some management. I request the Serjeant-at-Arms to keep these witnesses somewhere, then they can be coming one by one. They cannot stand there for one hour and 20 minutes.

Okay. Your name is Hon. Winny Langat, is it not?

Yes.

Nominated Member of the County Assembly (MCA) ?

Yes.

Now, is it true that you signed the joint affidavit at pages 113 to 116 of the Governor's bundle, volume one?

Yes.

You signed it together with how many people?

Mr. Speaker, Sir, we were 18.

Do you stand by its contents?

Yes.

I want you to answer three questions then my learned colleagues will ask you a few questions. Could you confirm whether you were in the Assembly on 15th August?

Yes, I was there.

Did you vote?

No.

What was in issue on that date?

Mr. Deputy Speaker, Sir, they introduced electronic voting- --

Just a minute. What was the agenda, the subject matter under discussion?

Motion on the removal of the Governor.

It was a discussion about the removal of the Governor and it eventually got to a point of voting, is it not?

Yes.

What kind of voting process was adopted?

Electronic Voting.

Had it previously been used?

No.

Okay. Did you vote yourself?

No.

Could you tell the hon. Senators and the Deputy Speaker why you did not vote?

Mr. Deputy Speaker, Sir, there was an introduction of electronic voting, which I was not conversant with.

Okay. So, the only reason you did not vote was because you were not conversant?

Yes.

Only that?

Yes, I was not conversant with the electronic voting and I had never been trained.

You have not been trained?

Yes.

What became of your vote? What kind of a vote was it?

Repeat the question.

In your Standing Orders, if somebody does not vote, what kind of a vote is it?

There is a roll call voting.

You wanted a roll call voting?

Yes, I wanted a roll call voting.

Okay, thank you. Those are all the questions I had in evidence-in-chief.

Mr. Deputy Speaker, Sir, I have very few questions in cross- examination. Hon. Winny, have you sworn any individual affidavit in these proceedings?

No.

That is all in cross-examination for this witness.

Thank you, I have no re-examination questions. I would request to call Kipng’eno Kirui.

Kipng’eno Kirui, please tell the hon. Senators your full names and where you represent.

Jina langu ni Kipng’eno Kirui, Mwakilishi Wadi wa Tebesonik, Eneo Bunge la Bureti.

Ungependa kutumia Kiswahili kutoa ushahidi wako?

Ndiyo.

Kwa hivyo umesema wewe ni MCA. Tarehe 15/8/2025, ulikuwa wapi?

Nilikuwa Bunge.

Ulikuwa Bunge la Kaunti ya Kericho?

Ndiyo.

Ni nini ilikuwa inajadiliwa siku hiyo?

Kulikuwa na Motion ya kumtoa Gavana wa Kericho.

Kulikuwa na Motion ya Impeachment?

Ndiyo.

Mwishowe mkaamua mtapiga kura?

Hapana.

Kulikuwa na uamuzi wa kupiga kura?

Kulikuwa na--- Yes.

Iliamuliwa kwamba watu wapige kura?

Ndiyo.

Spika aliamua iwe kura ya aina gani?

Aliamua tupige kwa simu.

Ilikuwa inaitwa vipi kwenye Standing Orders?

Ilikuwa inaitwa Electronic Voting?

Ndiyo.

Swali langu la maana na sababu ya wewe kuwa hapa nini? Hebu eleza hawa waheshimiwa Maseneta, wewe ulipiga kura?

Sikupiga.

Mbona hukupiga?

Kwa sababu tuliambiwa tunapiga kwa simu na sikuwa na simu. Nilikuwa nimeacha kwa gari.

Sababu pekee ni kuwa haukuwa na simu?

Ndiyo. Tuliambiwa tumetumiwa link.

Mliambiwa mmetumiwa link na ikawa hauna simu kupiga?

Ndiyo.

Wewe ulipata link?

Sikupata.

Baada ya wewe kuchukua simu yako, ulipata link?

Sikupata.

Haukupata link kamwe? Na wewe ulikuwa na imani na hiyo Electronic Voting?

Hapana. Sikuwa na imani.

Haukuwa na imani na nini?

Kwa sababu hatukuwa tume---

What was it that you had no faith in? Haukuwa na imani na nini?

Kwa sababu kabla hatujapiga, tulikuwa tume suspect ya kwamba kuna jambo wamefanyia hiyo machine.

Okay. Utaulizwa maswali na wenzangu. That is all in evidence-in-chief, Mr. Deputy Speaker, Sir.

Proceed, counsel for the County Assembly.

Mheshimiwa Kipng’eno, ningependa utazame affidavit yako. Unaiona?

Ndiyo.

Nataka wakili wako akuonyeshe paragraph nine. Ebu soma

“---electronic voting was--- was given after over 18 members had observed the use of electronic voting majority by--- speaker---”

I asked him to read by himself.

Ningeomba wakili wa Kaunti Assembly, tafadhali msomee wewe.

There is a reason why that question was posed like that. I want to have the effect of that for the next question.

You know the paragraph is not in Kiswahili.

That is correct.

Yet he is using Kiswahili and not English.

May I then put the question?

So, be fair to him. Labda umusomee au wakili wake amusomee ili aweze pia kupata haki.

That is okay. My apologies. We are looking at the Governor’s documents volume one starting page 132. I am now directing the witness to page 133.

Mheshimiwa Kipng’eno Kirui, kuna certificate/cheti cha translation. Kuna mtu yoyote ambaye alitafsiri hii affidavit kwako kwa lugha ya Kiswahili ili ukaielewa na kuweka sign yako? Umeona cheti mahali popote?

Sijaona.

Hii affidavit imeandikwa kwa lugha ambayo huelewi. Kweli au si kweli? Lugha ambayo imetumika kwenye hii affidavit ni lugha ambayo wewe uko na ugumu nayo. Sio lugha ambayo unaielewa. Ni kweli, siyo? Ongea kwa sauti kwenye microphone.

Kweli.

Ni kweli. Mwenye aliye kuandikia hakutranslate kwa lugha unayoelewa na kuweka certificate yake. Si ni ukweli? Umeona hiyo certificate yake?

Hii swali ambayo unamuuliza saa hii sio ile swali ambayo ulikuwa unamuuliza. Ulikuwa unamuomba asome kifungu fulani lakini umebadilisha tena unamuuliza swali tofauti.

Mr. Deputy Speaker, Sir, I abandoned that question and I have asked a different question and he is answering. An issue arose as to whether he could read it, so, I abandoned it. I am now asking a different set of questions.

Aliyekusaidia kuswear hii affidavit kwa lugha ambayo unaelewa hajaweka certificate kuonyesha kwamba alitranslate hii lugha. Si ni ukweli? Tafadhali jibu swali langu.

Kweli.

Nashukuru. That is the end of my cross examination.

One question in re-examination, Mr. Deputy Speaker, Sir. Bw. Kirui, ushahidi wako hapa Seneti ni nini?

Ushahidi wangu hapa Seneti ni kwamba mimi sikupiga kura.

Okay. La pili, ulikuwa na jambo lolote kusema kuhusu Electronic Voting?

Mr. Deputy Speaker, Sir, the purpose of re-examination is to clarify matters that arose in cross-examination. None of these issues arose in cross- examination.

Mr. Deputy Speaker, Sir, the question that was put to the witness is whether he understood what his affidavit was saying. The bottom line of what I am asking him to clarify is why he is here and the whole purpose of his testimony.

You did ask that question when he was giving his evidence.

It is okay, Mr. Deputy Speaker, Sir. I can leave that issue there.

Thank you.

Next witness.

Irine Chebet Langat. Could you tell the Hon. Senators and the Speaker your names, please?

My name is Irine Chebet Langat.

Are you an MCA?

Nominated MCA.

Nominated MCA, Kericho County.

Yes.

Now, you signed the joint affidavit with the other MCAs, is it not?

I did.

How many were you?

We were 18 in number.

You were 18 in number.

Yes.

What was the main issue in that affidavit?

We were contesting the fact that we never voted in that Assembly on the 15th.

Okay. The voting was on 15th August, 2025, is it not?

Yes.

What was the issue under discussion on that day?

It was a Motion; impeachment of His Excellency, the Governor.

Could you tell the Hon. Senators why you did not vote?

I did not want to partake in an exercise that was going to be shambolic.

Why were you fearing it would be shambolic?

Because we were told of the electronic voting a few minutes before voting; something that we had never used before.

So, there was a late introduction of electronic voting, which you did not---

Yes.

What exactly was your problem? Is it the newness or was there another reason?

We heard rumours before this particular day of impeachment, the 15th, that these people were going to rig the election.

Mr. Katwa Kigen: So you were fearing that they would be rigging of the voting?

Yes.

Mr. Deputy Speaker, Sir, that is all for this witness.

Counsel representing the County Assembly, proceed.

Very few questions. Irine, do you have your individual affidavit for the Senate?

We did a joint---

No, I am asking about your individual, singular affidavit in your own name.

No.

Thank you. You are saying you never knew before that there was going to be electronic voting?

Yes.

When did you first know that there was going to be electronic voting?

Those rumours were running around our corridors in the Assembly a few minutes before voting.

A few minutes to voting?

Yes.

Okay. Do your Standing Orders provide for electronic voting?

Yes.

Were these Standing Orders passed by among other MCAs, you?

Yes.

Thank you. Mr. Deputy Speaker, Sir, that is all.

Mr. Deputy Speaker, Sir, there is no re-examination. I request that you call Hon. Bavina Serem.

Thank you, counsel. My name is Bavina Chepkurui Serem, a nominated MCA, representing the great women of Kericho County.

You represent only women? You signed a joint affidavit with others, it is not?

Yes.

How many others?

With 17 others.

So, that you were a total of 18, is it not?

Yes.

Okay. What was the main issue in that affidavit?

It was a complaint that---

What was the main issue that you were complaining about in the affidavit?

It was about the voting issue that emerged at the Kericho County Assembly.

Okay, you were raising issues about voting. The voting had been done on which date?

On 15th.

15th August.

Yes.

It relates to what Motion?

The impeachment of the Kericho Governor, Dr. Erick Mutai.

Okay. What kind of voting was adopted?

Electronic voting.

Did you vote?

No.

You did not vote? Your testimony in this Assembly is that you did not vote. Why did you not vote?

First of all, we were surprised on that day when the Speaker announced that we were going to use electronic voting. We were not prepared because we had never used the system in our County Assembly for voting. Therefore, we were not comfortable voting electronically. We raised an issue with the Speaker requesting to vote manually through roll call.

You preferred roll call as opposed to electronic voting and one of the reasons is because it was just newly introduced.

Yes.

Is there another reason why you did not vote other than the newness of the system?

Yes. The other reason is that we did not trust the system. This is because the previous night there was information circulating in the social media

that a system has been introduced. Some Members from the other side who were supporting the impeachment were posting that they already had 33 votes. So, we could not trust the system.

So, you did not trust the system because even long before the time of voting, there was already information that the impeachment Motion had been supported?

Yes. Counsel, another issue is that at a personal level, I could not trust the system because some two minutes to the tabling of the Notice of Motion to impeach the Governor, the Speaker, out of the blues, communicated that the seats of six MCAs could be declared vacant based on the reasons that we had missed sessions. Yet, at a personal level, I know that I have never missed sessions. It is about the system we were not trusting.

Okay. Apart from not trusting the system based on the social media communications, including the Members supporting the Motion saying that they already 33 votes, there was also an attempt to remove you as an MCA.

Yes, just two minutes to tabling of the impeachment Motion. I did not know the motive of the Speaker because it was out of the blues that he said he could declare our seats vacant.

What was the reason for the Speaker attempting to remove you?

I suspect that maybe he was---

No, what did he say was the reason why he wanted to remove you?

That I have missed sessions at the County Assembly.

Had you missed the sessions?

No. He said I had missed eight consecutive sessions, which was a lie.

Which was not true. How did you then survive that intention?

Through a court order.

You went to court to challenge the decision to remove you as MCAs. You managed to be back in the Assembly and to participate in this impeachment Motion?

Yes.

Mr. Deputy Speaker, Sir, those are all the questions I have for this witness.

Thank you.

Counsel, proceed to cross-examine.

Thank you again; very few questions. Hon. Bavina, do you have any individual affidavit of yours before the Senate?

No, we did have a joint affidavit.

In that joint affidavit, have you attached these so-called social media posts that you are referring to?

No.

You have not. That is all in cross-examination.

Next.

That is all; there is no re-examination. I request to call Hon. Dominic Mutai.

Could you tell the Hon. Senators and the Deputy Speaker your name, please?

I am Dominic Mutai, MCA from Kabianga Ward, Kericho County.

You represent Kabianga Ward in Kericho?

Yes.

Were you in the County Assembly on 15th August, 2025?

Yes, I was present.

What was the issue being discussed on that day?

The impeachment Motion of Governor, Dr. Eric Mutai.

It was a Motion to impeach the Governor?

Yes.

It got to a point of voting, is it not?

Yes.

What kind of voting system was adopted?

The Speaker ruled that electronic voting was to be used.

Okay. After you decided that electronic voting would be used, were you okay with that idea?

We were not okay because that was the first time it was introduced. It was introduced some few minutes to voting.

What did you prefer?

We preferred a roll call.

Did you express your wishes for a roll call?

Yes, we stood for Division, which was not granted.

It was denied. Did you vote?

No, I did not.

Does the Standing Order say what happens to a vote which has not been cast?

Yes, it is said to be abstain.

So, if you have not cast your vote, it is supposed to be reflected as abstained?

Yes.

When you saw the results that were posted by the County Assembly on the voting, is your vote of abstaining featured?

It is not featured anywhere.

Apart from the fact that the system was new, was there another reason why you did not participate in the electronic voting?

Yes. Prior to that, there was a lot of suspicion. We are from that Assembly and we know the issues of integrity of the system; it can be manipulated.

You feared that the system would be manipulated?

Yes.

Is that the reason why you did not vote?

Yes.

Okay, thank you. You will be asked a few questions by my colleagues.

Mr. Dominic, very few questions for you. It is your case that this is the first time this system was being used in the Assembly?

Yes.

But you already knew it had been manipulated?

We did not know that it had been manipulated.

You did not know that it had been manipulated?

Yes.

Let me get that right just for clarification. You did not know it had been manipulated?

Yes.

You were in the Assembly when the Governor and his advocates made submissions to that Assembly?

Yes.

You remember the Governor's advocate in the Assembly saying your vote had already been manipulated?

Yes, I remember he said so.

Thank you so much. This was well before the vote was taken?

Yes.

Now you have seen the results of the vote? You finally are aware of the results of the vote?

Yes, later.

Later you know the results of the vote?

Yes.

They show that you did not vote?

Before that, can I explain?

No, you cannot explain; those results show that you did not vote?

I do not want to explain---

Do not explain, state to me. Those results that you have seen later show that you, Dominic, did not vote?

Yes.

The allegation by the counsel for the Governor in the Assembly that your vote had been manipulated was, therefore, false?

Counsel---

No, was that allegation true or false?

Mr. Deputy Speaker, Sir, allow me because I was the one who was in the Assembly and I know why---

Now you are in the Senate and you must answer my question.

Witness, just answer the questions as you are asked. It is just a yes or no answer question.

Was that allegation true or false?

It is true.

It is true; that is enough, thank you. But the results show you did not vote?

I did not vote.

In fact, you did not vote?

I did not vote.

Thank you so much. That is all.

Yes, counsel representing the Governor; any re-examination.

Did you know or did you not know that that there would be a likelihood of manipulation of the votes?

Prior to that, our colleagues had said that my name was already one of those that were supposed to have voted for--- That is why when I was submitting at that Assembly, I said that my vote should be respected. That is what I wanted to explain. I told whoever wanted to vote for me that my vote should be respected.

So, out of your concern that there is a likelihood of intention to manipulate your vote, you anticipated it by making comments on the floor?

Yes.

It is captured on the HANSARD, is it not?

It is captured in the HANSARD that I said so.

I would like to end there. Mheshimiwa, thank you very much. I would like to call Hon. Omolo.

Let us have the next witness.

Hon. Omolo.

Could you tell the Hon. Senators and the Deputy Speaker, your name, please?

My name is Hon. Opile Noela Omolo.

Describe yourself.

I am a nominated MCA representing the minority in Kericho County.

Were you in the Assembly on the 15th August, 2025?

Yes.

What was being discussed on that day?

The Motion to impeach the Governor.

The discussion was on the impeachment of the Governor. The discussion went on up to the point of voting, is it not?

Yes.

What kind of voting process was adopted?

Electronic voting.

Were you agreeable to the electronic voting?

No.

What did you prefer?

Roll call.

Did you make known your wishes that you prefer roll call voting?

Yes.

Did you eventually vote at all?

No, I did not, I abstained.

Do the Standing Orders provide for a case where somebody does not vote?

It does.

What does it say?

It says that if there is a Division supported by five people, then the Speaker can opt for the option of roll call.

You did not answer my question, but that is still okay. You are saying that where more than five people disagree with the voting system; they should have been allowed to go for roll call, is it not?

Yes.

How many of you were supporting the option of roll call?

We were 18 of us.

Noela, why did you not vote?

We had prior knowledge that the system was already not transparent.

You feared that the system was not transparent?

Yes.

That is why you did not vote?

Yes.

When you do not vote, how is your vote supposed to be captured?

If I do not vote, it should be, abstain.

When the report was brought back about the number of votes, is your vote of abstain reflected?

No, it does not. Mr. Deputy Speaker, Sir, that is all for this witness in evidence-in-chief.

Counsel for the County Assembly, proceed.

Noela, in 30 seconds; you have not sworn any individual affidavit of yours before the Senate.

Yes, I have not.

Sorry?

I have not.

Thank you so much. That is all in cross-examination.

Thank you, Mheshimiwa, you can retire.

Next witness.

I request to call Hon. Vincent Kirui.

Please, tell the Hon. Senators and the Deputy Speaker, your full name.

My name is Hon. Vincent Kirui.

Could you just describe yourself, please?

Member of the County Assembly representing Litein Ward.

You are MCA for Litein Ward?

Yes.

You signed the joint affidavit with the others?

Yes.

How many in total were you?

We were 18.

What was the main reason you were signing that affidavit?

They had said we were---

What was your main complaint? Mlikuwa mnacomplain juu ya nini?

Impeachment of Governor Mutai.

Were you in the Assembly on the 15th August?

Yes.

What was the issue being discussed on that 15th August?

Impeachment of our Governor.

It was a discussion on the impeachment of the Governor. You debated it and eventually came to a voting, is it not?

Yes.

What kind of voting was adopted?

Electronic voting.

Were you agreeable to the electronic voting?

No.

What did you prefer?

I prefer to be counted.

What is it called?

Roll call.

Was it you alone who wanted roll call?

No, it was 18 of us.

Did you tell the Speaker that you wanted to use a roll call?

Yes.

Did he accept?

No.

Did you vote?

I never voted.

Do your Standing Orders provide for what happens to a vote that has not been cast?

It is supposed to be abstained.

When you saw the results brought to this Senate by the County Assembly saying that 33 people voted in support of impeachment, does it reflect your vote of abstain as a consequence of not voting?

Yes.

Is your vote captured in that data?

No.

It is not captured. Mr. Deputy Speaker, Sir, that is all for this witness in evidence-in-chief.

Again, in 30 seconds, Hon. Vincent, you have not sworn any individual affidavits before this Senate, have you?

Yes.

Have you sworn it?

No.

No. Did you log into the system to vote?

No.

Did you seek assistance from the technical staff and were you denied?

No.

Did you press the abstain button?

No.

Thank you so much; that is all.

Next witness.

Hon. Gilbert Ng’etich, could you tell the Hon. Members your full name, please?

I am Hon. Gilbert Kiprop Ng’etich.

Describe yourself.

I am an MCA representing the good people from Kisiara Ward. I am an elected member.

In Kericho County?

In Kericho County.

Okay. Were you in the County Assembly on the 15th August, 2025?

Yes, I was.

And what was being dealt with on that date?

It was an Impeachment Motion, the main Motion to be precise, from Hon. Rogony, on impeachment of His Excellency.

It was a Motion to impeach the Governor, moved by Hon. Rogony?

Yes.

It was discussed and eventually it was decided to go into voting, is that correct?

Yes.

What kind of voting was adopted?

Electronic voting, directed by the Speaker.

The Speaker decided that it would be by electronic voting. Were you agreeable to the electronic voting?

We did not.

You? Speak for yourself.

I did not.

Did you express your objection?

I did.

You expressed your objection?

Yes.

Were you alone in that objection?

No, we were 18.

What did you prefer?

We preferred roll call voting.

You preferred roll call voting?

Yes.

Do you have the right to ask for roll call voting?

We have.

For roll call voting to be adopted, what does it require?

It requires a Division illustrated by five or more members.

So, if five or more people ask for a roll call, then it should be given by the Speaker?

Yes.

Did you ask for that?

We did.

How many people?

We were 18 of us.

Was it granted?

It was not.

Okay. So, eventually they started the process of voting electronically. Did you vote yourself, Mheshimiwa?

I abstained.

You abstained. How did you abstain exactly? Did you press a button to abstain or what do you mean?

There was nowhere to be pressed.

There was nothing to be pressed.

Yes.

So, what do you mean by telling these Senators and the Speaker you abstained?

We illustrated by standing up.

Speak for yourself.

I illustrated by standing up to show that I was not satisfied with the electronic voting.

And so, why do you think your vote should have been abstain?

Pardon?

Why are you saying your vote is an abstain, yet you did not press anything?

By standing alone, it was supposed to be automatically registered as an abstention.

As far as you are concerned, the fact that you did not vote should have been marked as an abstention.

Yes.

Is your vote of abstention captured in the total number of votes reflected?

It was not captured.

Okay. You will be asked a couple of questions by my colleagues for the Assembly.

Okay.

Gilbert, again in 30 seconds, very few questions. Do you have an individual affidavit that you have sworn before the Senate?

I do not.

You do not. Did you log into the electronic voting system that was provided?

I did not.

You did not log into it. Do you know it, in fact, provided for an electronic button for abstain?

I was not---

Do you know that fact?

I did not know.

Did anyone stop you from logging in?

No one.

Did you seek assistance from the technical staff to log in and were denied the chance?

I was to be trained, not to be helped.

Did you seek assistance from the staff who were assigned?

I did not.

Thank you so much. That is all in cross-examination.

Counsel for the Governor.

Just one question, Mheshimiwa. Did you need to ask for assistance?

No need.

What should have happened before that?

We were supposed to be trained before the use of the gadget.

You needed to be trained, not to be helped, is that correct?

Yes.

Okay. That is all for this witness. Thank you very much, Mheshimiwa.

Next witness.

The next witness is Francis Terer. Tell the hon. Senators and the Speaker, your names, please.

Thank you so much. My name is Francis Kiplangat Terer, Member of the County Assembly of Kericho, representing the great people of Chegol Ward.

Okay. Were you in the County Assembly on the 15th of August?

Yes, I was there.

What was being discussed on that day?

The tabling of the Motion of impeachment of the Governor of Kericho, Dr. Erick Mutai.

It was a discussion of the impeachment of the Governor.

Yes.

The impeachment proceedings went on?

It went on.

It got to the point of voting, is that correct?

Yes.

When it got to the point of voting, what kind of voting was decided on by the Speaker?

It was electronic voting. Were you agreeable to the electronic voting?

No, I was not.

Did you make known your wishes that you were opposed to it?

Yes, we were opposed to it, especially the 18 Members who stood up.

Were you opposed yourself?

Yes.

Were there people supporting your objection to that?

Yes.

How many were you?

We were 18 in number.

If you have an objection, what should happen to the electronic voting? What did you prefer?

Repeat the question.

You did not want the electronic voting?

Yes. We did not want electronic voting.

What voting did you want?

We wanted the roll call voting system.

Did you let the Speaker know that?

Yes.

How many people wanted roll call?

We were 18 Members of the County Assembly.

Did you vote?

I did not vote.

At all?

At all.

Why did you not vote?

Because I had no hope in the electronic voting system.

You had no faith in the electronic voting system?

Yes.

Okay. Do the Standing Orders provide for a situation where somebody has not voted?

Yes.

What is it supposed to be counted as?

Abstain.

It is supposed to be counted as an abstention.

Yes.

When the results were brought by the County Assembly, did they reflect your vote of abstention?

No, it did not capture my vote as an abstention.

Your abstention vote was not captured?

Yes.

Thank you very much, Mheshimiwa. You will be asked a few questions by my colleagues.

Thank you.

Yes, counsel.

Francis Terer.

Yes, Sir.

Have you sworn any individual affidavit before this House?

No.

Do you know your Standing Orders provide for electronic voting?

Yes.

You were in the Assembly that approved that system of voting?

Yes.

Was the method of voting as used by the Speaker known to your Standing Orders?

It was known.

Thank you so much. That is all in cross-examination.

No re-examination, Mr. Deputy Speaker, Sir.

Next witness.

I request to call Hon. Anita Cherono.

Please, tell the hon. Senators and the Speaker your full name.

My name is Anita Cherono Mibey, elected Member representing the people of Chemosot Ward in Bureti Constituency, Kericho County.

Thank you very much. Were you in the County Assembly on the 15th of August?

Yes, Senior Counsel.

What was the issue being discussed on that day?

It was the day for us to table the Motion on the impeachment of Dr. Erick Mutai.

So, it was a day to discuss the issue of the impeachment of the Governor?

Yes.

Then the debate went on, is that correct?

Yes. The discussion started at around 10.00 a.m.

It is okay. So, it was discussed and eventually it came to a point of voting, is that correct?

Yes.

Was there any decision as to what form of voting was to be done?

The decision came in at the very end. The decision that came up was a new way of voting that as an Assembly, we had not used electronic voting before.

So, it was said to be electronic voting?

Yes.

Had you ever used that electronic voting system?

No.

That was the first time?

That was the first time.

Okay. Did you know that you were going to use electronic voting before you came on that day?

No. Apart from the rumours that were on social media, we had not received an official communication from the Speaker that we were going to use an electronic voting system. There was no official communication to us.

So, there were comments circulating on social media that electronic voting would be used?

Yes and also some staff were good enough to inform us. The IT staff were good enough to tell us, be prepared, there is a new system that we have been called tonight to work on that you might be using tomorrow.

Sorry, that they had been called?

Yes.

When were they called?

A night to the day of 15th.

So, they had been told, please come and prepare the system?

Yes.

Who called them and asked them to prepare for electronic voting?

The Speaker called them.

The Speaker is the one who said, come and set up an electronic voting system?

Yes.

Okay, so the voting started, is that correct?

Yes.

Did you have any objection to the electronic voting?

Yes, we had an objection.

What were your reasons?

Our reasons were, we are not aware of the system and we do not trust the electronic system. As a team that were against it, we stood for Division to request the Speaker to allow all of us to be counted under the roll call option instead of a new gadget that we were not aware of.

So, let me just paraphrase what you are saying. You said you had an objection and the objection was based on the fact that it was new and you did not trust it.

Yes and we had not been taken through a pilot test of the system. Some of us are tech savvy. We are well with the system if only we knew what that system was. If only there was a pilot test a day to for us to be sure that our votes will be in the safe hands with the system. Yes, we would have agreed to it, but we said no since it was a new thing.

So, it is your testimony to this Senate that you really have no objection to electronic voting; you only want the integrity of it to be properly---

Yes.

Okay. You said it was being piloted in the impeachment Motion?

Yes, it was a pilot because I was reading through – allow me to add this – my messages with our IT staff a day to, that night. Even the same day, I was texting him and asking him, “We have heard of an electronic system. What are you guys going to do?” The message he gave me was, “Once you decide on the electronic voting system, then we will let you know how to work on it.” That was at around 1.00 p.m.

Okay. Did you have an option other than electronic voting?

Yes. We had an option of roll calling.

Roll call?

Yes.

How would roll call work?

The way roll call works is, of course, we will have this side-- -

Sorry, that is not what I am asking. So, the speaker said we use electronic voting?

He insisted after we requested for---

Okay. Is there an option for you to ask the Speaker to change that position? Can the MCAs ask that you depart from the use of electronic voting to roll call?

Looking at our Standing Orders, yes, we have an option.

What does it require for the Speaker to accept roll call?

So, if we go for Division and five of the members stood and request for that option, the Speaker would rule that we go for a roll call.

So, if there are five people insisting on a roll call, then the roll call should be done by the Speaker?

Yes, as per the Standing Orders.

As per the Standing Orders. Does the Speaker have a choice if there are five people supporting the Motion?

He had no choice, but he decided to rule anyway.

No, I am saying, ordinarily as per the Standing Orders. Does it provide for the Speaker to choose whether or not to do roll call if there are five people supporting?

No. It says “shall”. So, I do not think there is an option.

Lastly, did you vote?

I did not vote.

Do your Standing Orders provide for what happens when you do not vote?

Yes because I abstained, I expected the system to count those who abstained from not voting.

That includes you?

That includes my vote.

Is your vote reflected in the votes that are---

Looking at that system, it is only showing those who voted.

Looking at the results that were brought to this Senate, is your abstained vote reflected?

No. It is saying zero.

Okay. You will be asked a few questions.

Yes, counsel. Go through the cross- examination.

Thank you. Just in one minute. Anita, have you sworn an individual affidavit before the Senate?

No.

You have told the Senate that you expected the system to register your abstinence, your abstained vote. True?

Yes.

Which system?

The electronic voting system.

Did you log into it?

We did not have---

Did you, Anita, log into it?

But log in where?

My apologies. Anita, did you log into the system?

We did not have a system to log in.

Did you log in to the link that was given to you?

I did not have an option of logging in.

Mr. Deputy Speaker, may I have my question answered? I have one minute to finish this.

Yes. Witness, just answer the question.

Did you log into the system?

I did not have a system to log in.

I am asking whether, in fact, you logged into it, whatever the circumstances.

But where?

Mr. Deputy Speaker, may I have my question answered? This is now becoming disturbing.

Witness, once again you are now bordering on becoming a hostile witness.

Take that as a warning.

Just answer questions the way you are asked; just “yes” or “no”? Do not ask the counsel questions.

Anita, did you, in fact, log into the system?

No.

Did you press the abstain button?

I did not have a button to press.

Did you press an abstain button?

No.

Nevertheless, you expected that system to register your abstained vote?

But which system?

Nevertheless, you expected that system to register your abstained vote?

But which system?

Mr. Deputy Speaker, Sir, may I once again have my question answered, whether that was the expectation?

Madam Witness, can you answer those questions looking at me? Maybe when you look at him, you are becoming a bit---

Look at this side and answer the questions.

Thank you. Notwithstanding that you did not press the abstain button, you nevertheless expected the system to register your abstained vote. Is that a correct position?

Come up again?

Notwithstanding that you did not press the abstain option in the system, you expected to register your abstained vote?

I did not have a gadget to press the abstain button.

Did you have your phone in the Chamber?

I had my phone until 1.00 p.m. when my phone went off power.

Did you have your phone in the Chamber?

It was somewhere.

Did you have your phone in the Chamber?

I think so.

Did you, in fact, have your phone in the Chamber, Anita?

I had my phone until it went off and I took it off.

So, you had your phone in the Chamber?

For about three hours.

So, in fact, you had your phone in the Chamber, as a matter of fact?

For about three hours.

What is the answer to that question on whether, in fact, she had my phone, I cannot get the answer to that question. I think the witness is bordering on rudeness now, not just being hostile.

I have been very polite to all witnesses in this Assembly because it is my professional duty to be. They have no corresponding right to be rude to me. I am a professional discharging my professional duty. I deserve respect. She is disrespectful.

Counsel, you know, you have no mandate to judge. That is my work. Mine is only to request her to answer your questions. Do not make the judgment. That is the work of the Chair.

Yes.

You have been pleading with her to answer your questions directly.

Yes, I was making a submission, inviting you to make that judgment, Mr. Deputy Speaker, Sir.

You are provoking me to do that?

My apologies---

Or inciting me to say what you---

No, Mr. Deputy Speaker, Sir. I was making a submission so that you then---

Witness, Madam Anita, Hon. Member, just answer those questions as fast as possible. I can see the Counsel is constrained by time.

Mr. Deputy Speaker, Sir, am I allowed to just say no answer?

It is no or yes.

Okay.

Did you, in fact, have your phone in the Chamber?

No answer.

Mr. Deputy Speaker, Sir, I do not know what to do now, but I will beseech you to intervene now more coercively. May I request that my time be paused in the circumstances because I have no contribution to what she is doing.

Madam Witness, what is the problem? Counsel representing the Governor, can you stand down the witness if she is not ready to respond and call another witness?

May I proceed, Mr. Speaker?

Proceed.

Madam Anita, did you, in fact, have your phone in the Chamber?

Yes.

Do you remember you contributed to this impeachment Motion?

I said yes for three hours.

Do you remember you contributed to this impeachment Motion in the Chamber?

Yes, for three hours.

Do you remember you read your contribution from your phone and that became an issue in the course of the debate?

Yes, for three hours.

In your affidavit before this Senate, have you disclosed these conversations you had with the IT staff on the eve of the vote?

No.

The inclusion of electronic voting in your Standing Orders happened in October last year. True or not true?

Come up again?

The amendment to the Standing Orders to introduce electronic voting happened in October, 2024. True or not true?

True.

Have you had a Motion requiring a division in that Assembly since then, before this impeachment one?

We have not done anything that required us to vote since the time that the Standing Orders were changed.

Thank you. So, this is the first time a Motion requiring a division arose, since the amendment to the Standing Orders. True or not true?

Not true.

Which other Motion requiring a division has ever arisen since October last year when you made amendments?

There was a removal of our Deputy Speaker, Dr. Eric, at some point after the Standing Orders were changed. We expected the electronic voting system to be used then.

Give us the month when you removed the Deputy Speaker.

Around November, but we can check.

So, you are not sure of the month?

I am not sure of the dates, but it was after the Standing Orders had been changed.

Are you sure of the dates and the month?

I can consult.

I asked whether you are sure, so that we put on the record.

November.

You are sure of that month?

Yes.

Then that is all in my cross-examination of this witness.

Counsel, are you doing re-examination?

Yes, just briefly. You said you have had an opportunity to go to Division for purposes of removal of the Deputy Speaker.

Yes.

Did that happen after amendment of the---

It was after the amendments.

That was in November, 2024?

Yes.

Okay. Did you use electronic voting then?

No.

Okay. You have been asked why you expected your vote to be captured as “Abstain” yet you had not voted. Do you remember being asked that question?

Yes.

I want you to read Standing Order No.77 (8) .

It says- “Any Member present in the Assembly but who shall not have voted at the expiry of five minutes or after the announcing of the results, whichever is earlier, shall forfeit the right to vote and shall be deemed to have abstained from voting.”

So, based on that Standing Order, were you entitled to have your vote counted as “Abstain”?

Yes, counsel.

Thank you very much, Mheshimiwa Anita.

Next witness.

I request for Mheshimiwa Gabriela.

Could you tell the Senate your full name and who you represent?

I am Chepngeno Gabriela Langat, nominated Member of Kericho County Assembly.

Were you in the County Assembly on 15th of August, 2025?

Yes, I was.

What was being discussed then?

The Motion on Impeachment of Kericho County Governor, Dr. Erick Mutai.

Could you confirm that the Motion was moved and the discussion was held?

Yes, it was moved and discussion held.

Eventually it came to voting?

Yes, senior.

What kind of voting was adopted?

Were you agreeable to the electronic voting system?

No, senior.

What was your objection? Please address the Deputy Speaker.

Mr. Deputy Speaker, Sir, we wanted the normal roll call voting or headcount.

You wanted either headcount or roll call voting.

Yes, senior counsel.

How many were you?

We were 18 in number.

You 18 people preferred roll call?

Yes.

Okay. Did the Speaker grant your wishes?

No, he denied us the wishes.

Now that he refused roll call and the only system to be used was electronic voting, did you vote?

No, I did not.

You did not vote at all?

No, I did not vote.

Could you tell the hon. Senators the reason you did not vote?

Yes. Mr. Deputy Speaker, Sir, I refused to vote because I did not trust the integrity of the system. Prior to the voting, the television screens were installed in the Kericho County Assembly at night, a rare activity.

I informed the Speaker that we had never been trained on the system. That was the main reason. I never trusted the credibility of the results and also the voting system.

So, your issues were, one, it had been rushed.

Yes.

Two, you did not trust it.

Yes.

That you had not been trained.

Yes.

It remains your position even in this honourable Senate that it should not have been used in the face of all those three issues?

Yes, senior counsel.

Okay. I have requested you to address your answers to the Deputy Speaker, please.

Sorry.

You have talked about the rush and issues of integrity. Before that, did you have any concerns about the incoming Impeachment Motion?

Yes, I had concerns.

What were the concerns?

Mr. Deputy Speaker, Sir, my first concern is this. Two minutes to the tabling of the Notice of Motion of Impeachment, the Speaker declared that six of us, that is four women, one elected MCA of Kericho County Assembly and also a nominated male Member. He said that our seats were going to be declared vacant.

According to me, that was by design or a sinister move by the Speaker to either intimidate us because if he declared that our offices were going to be vacant, the number would have reduced to 41. Therefore, the two-thirds threshold would have been low and maybe they would have gotten that.

Another reason is that all through, before the impeachment Motion, after that communication was made, the Chief Whip of Kericho County Assembly, one Hon. Aaron Rotich, called and asked whether I heard the communication by the Speaker and I said yes.

He asked what I thought and I told him that I have never missed eight consecutive sittings that is being alleged. When he asked whether I had proof, I said yes. I told him that I have always attended the sittings of Kericho County Assembly because it is my duty and responsibility.

Mr. Deputy Speaker, Sir, we can get the call logs from Safaricom and I am ready to provide the evidence. He told me that they can delete my biometrics for logging in and I was surprised. That is the system we are using. If that Member alleged that my biometrics for logging in can be deleted, then that system is not safe.

I am here today as the Kericho MCA---

Sorry, witness. The question you were asked was not that long.

Sorry, Mr. Deputy Speaker, Sir. I was explaining.

In the long explanation that you have given, you have said---

One thing senior, I would like to say that my suspicion began there because if you can delete my biometrics, that means that the system is not credible.

So, you were told directly by, you said Chief Whip?

Yes, the Chief Whip called Aaron Rotich.

The conversation with the Chief Whip was that you had missed eight sessions and, therefore, you would be removed?

Yes.

But you say you have not missed them?

I have not missed at any point.

What did he say?

He said that they will delete, so that there are eight consecutive sittings. According to him, the following week the Speaker was going to communicate to me that my office is vacant. Therefore, I am here courtesy of a court order.

The Deputy Speaker said that you should not answer for too long.

So, as a result of the fact that the Chief Whip told you that they can adjust the data of the County Assembly the way they wanted, you became suspicious?

Yes, I began suspecting something.

So, what did you do?

On that day, we stood up for Division---

So that you do not lose your speed, what did you do?

I went to the court and reported the matter. We were granted a court order.

To do what?

To stay in the Kericho County Assembly and not to appear before the Powers and Privileges Committee.

To stop you from being removed as an MCA?

Yes.

If you can, I would like you to read the case number.

The Case Number is HCHRPET/E009 of 2025.

Mr. Deputy Speaker, Sir, and hon. Senators, that is in volume 4A of the County Assembly’s documents. That is page 45. The Case Number is Kericho Law Courts, E009 of 2025.

You say you were one of the six MCAs who went to court?

Yes.

You got orders to remain as MCAs?

Yes.

As we speak, you are still in office.

Yes, I am still in office, courtesy of a court order.

Lastly, when you did not vote, is it supposed to be reflected in the tally?

Yes.

How is it supposed to be reflected?

If any Member does not cast his or her vote, they are deemed to have abstained, but that is not captured.

So, your position is that your Standing Orders provide that if you do not cast your vote, it should be treated as an abstention?

Yes.

Do the votes brought to this honourable Senate by the County Assembly reflect your abstained vote?

It does not reflect.

Was there a crisis as to why it should use electronic voting rather than a roll call?

There was no crisis.

Thank you very much Mr. Deputy Speaker. Sir, the witness can be cross-examined.

Hon. Chepngeno, you will hold on for cross-examination.

Counsel for the County Assembly, you may proceed.

Hon. Gabriela, I have a few questions for you because my time is restricted.

You refer to a conversation you had with one of the County Assembly Chief Whips regarding the notice for you to showcase why you should not be referred to the powers and privileges committee. Is that the conversation you refer to?

Pardon?

You refer to a conversation you had with a particular whip on the question of your failure to attend eight consecutive sittings of the Assembly. Is that the one you are referring to?

Yes.

You consider that conversation to be crucial to this impeachment Motion? Is that conversation important?

Yes.

You swore an affidavit in this impeachment Motion.

Yes, I did.

Do you refer to that conversation in your affidavit?

No.

So that conversation was so important not to be included in your affidavit?

I included the---

I am asking whether that conversation with Hon. Rotich was in your affidavit.

It contributes to the incredibility---

I am asking whether that conversation is in your affidavit or in any paragraph in your affidavit?

It is not.

Thank you. The Members of the County Assembly are subject to the disciplinary measures under the Powers and Privileges Act. True or not true?

True.

The speaker's communication to you was to show cause to the powers and privileges committee. True or not true?

True.

Did the Speaker tell you he was going to arbitrarily remove you from the Assembly?

When you miss eight consecutive sittings, that is done, but I never missed. It was a lie.

But the question whether you had missed or not was the subject to be determined by the Powers and Privileges Committee. True or not true?

The Powers and Privileges Committee is biased in the Kericho County Assembly.

Let me get the answer to my question, kindly Hon. Gabriela. I am a fairly patient person, but with limits. Please confirm that the question of whether or not you had missed was going to be a subject of consideration by the Powers and Privileges Committee.

It was political, senior counsel.

Hon. Gabriela, please answer my question. The question of whether or not you had missed the eight sittings was a subject of consideration by the Powers and Privileges Committee.

I do not know.

Did the notice and communication from the chair specify that issue?

No.

You are saying the communication from the chair did not specify that issue?

We were to appear.

Did the communication from the Chair specify that you show cause to the Powers and Privileges Committee?

Yes, it did.

That is what you are saying, it did not?

It did.

Let me deal with a small question about the screens being installed in the Assembly on the eve of the impeachment Motion. Those screens are like the ones we are seeing in this Senate. True or not true?

True.

You are aware that the trial, the evidence by the parties in the impeachment Motion at the Assembly, entailed the playing of video evidence. Did you see that being played?

Yes, I saw it.

Was it possible to play video evidence without screens?

But why should you install them in the night?

Was it possible to play video evidence without screens?

Pardon?

Was it possible to play video evidence in the County Assembly without the screens?

No.

Was the County Assembly administration under an obligation to facilitate the parties to present their evidence fully?

Not in such a hurry and at night.

I did not ask you the manner. Did the County Assembly administration have a duty to facilitate the parties to present their evidence fully?

There is no evidence.

I do not understand your answer at all.

Maybe you can repeat your question once again.

I am suggesting to you, and you may confirm if I am wrong, that the County Assembly leadership had a duty to enable the parties to present their evidence fully. True or not true?

Yes, they had.

Part of facilitating them would entail giving them facilities to play video evidence. True or not true?

True.

The facility is the screen. True or not true?

True.

That is what you are complaining about, Hon. Gabriela, in good conscience.

Senior, I am complaining about the timing, the timing of the installation of the machines. Who does that in the night?

So, let me ask the right question. What is the prescribed time for installing screens in the Kericho County Assembly?

I am not sure of the prescribed time.

And yet you are complaining about the time, Hon. Gabriela. Are you being an honest citizen?

No, Mr. Deputy Speaker, sir.

Thank you so much, Mr. Deputy Speaker. The witness has confirmed to being a dishonest witness.

I rest.

Hon. Gabriela, Mheshimwa, are you an honest or dishonest person?

I am an honest person.

So, why were you saying you are dishonest?

The senior is putting me in a corner.

Okay. Now, I want to ask you two serious questions in re- examination. The first one is the issue of appearing before the Powers and Privileges Committee. It is true that a notice was sent to you to show cause why you should not be retired as an MCA for missing eight consecutive sessions, is it not?

Yes.

Who moved that Motion?

The Speaker made a communication.

It is the Speaker who said you, Hon. Gabriela, and six others will be removed, and so, you appear for purposes of showing cause, is it not?

Yes.

If you were to appear before that committee, who was going to chair it?

The Speaker.

He is the same person who was going to chair it?

Yes.

Who was going to determine your fate?

My fellow MCAs.

Okay. Now the screens, did they play a role in the impeachment at all?

Yes.

The screens that were put up at night?

Yes.

What role did they play?

Playing of the video evidences.

Playing of the video evidences, but did it play another role other than playing the video evidence?

Yes. It was the same screens that were used to air the votes?

It is the same screens that were used to air the six votes. Okay.

That is all from me, Mr. Deputy Speaker, Sir, and that is the end of this set of 14.

Okay. Thank you, witness, for your confidence.

Next witness, please.

Mr. Deputy Speaker, Sir---

Yes, Sen. Boni Khalwale, proceed.

Mr. Deputy Speaker, Sir, of those many witnesses he was having, my attention is drawn, and that is why I seek that you guide us---

Did he say that? Counsel, are you through?

No, I have one more witness, although not in the set of MCAs.

No, Mr. Deputy Speaker, Sir, I am saying in the set of these MCAs.

Yes, proceed.

My attention, Mr. Speaker, is drawn to volume two of the County Assembly's documents and volume one of the Governor's documents. In both incidents, there is a witness by the name of Ms. Edinah Chepkirui Tunoi, who has sworn to support the County Assembly's case. She has also sworn to support the Governor's case. I want to request, Mr. Deputy Speaker, Sir, that hear this witness on how she is supporting both sides in the same case.

Why am I inquiring? It looks like the counsel for the Governor wants to deny us the opportunity to find out why this particular witness swore an affidavit that she did not

vote as an MCA, went on and swore an affidavit in support of the Governor at the same time.

Counsel, you may respond.

Mr. Deputy Speaker, Sir, the last time we heard the MCA earlier, we subsequently encountered an affidavit from the County Assembly saying she is their witness now. Now, we just do not have her. The last person with her was the County Assembly. They probably can explain where she is.

That is okay. If the counsel does not want to have the witness, we cannot force that.

Proceed, Sen. Cherarkey.

Mr. Deputy Speaker, Sir, this matter has generated public interest. Article 159 of the Constitution and our Standing Orders on Procedure of Impeachment against the Governor under Standing Order No.1, it will be very important- --

Yesterday, we directed an independent audit on the ICT voting system. As a House, we instructed the ICT Authority to prepare that report, which will be presented.

It is in the interest of the Senators, the public and the great people of Kericho who are following this matter and also in the interest of the County Assembly and the Governor for this witness to appear. She must tell us why she swore an affidavit to support both the County Assembly case and the Governor's case, so we can make a determination. We are the judges' pick.

Can you invoke Article 159 of the Constitution and the right to a fair hearing under Article 50, so we can listen to what Edinah Tonui knows that some of us do not, so that we can make an independent judgement?

Mr. Deputy Speaker, Sir, I request, as per your ruling yesterday, that you directed the ICT Authority to do an audit on the logins of the credential of voting, let Edinah appear as an interest of the process of the Senate, with your indulgence, of course.

Let me hear a few more Senators, then I will make that ruling.

Proceed, Sen. Eddy Oketch.

Sen. Boni, you prosecuted your issue and I am okay with what you said. I am not opening a debate. We will hear from Sen. Omtatah, then we close that session.

Mr. Deputy Speaker, Sir, the issue that Sen. Boni has raised is a pertinent issue. In the event you guide, and I am not pre-empting this, that the witness might not appear before us, the documents are duly before us. Our determination is not only based on the narrative that is being told there, but also in the strength of this evidence that we have been given in writing here.

Perhaps, it would be important to also rule that if the witness does not appear before us, we then expunge the evidence in both cases. This is because it is appearing on the County Assembly’s and Governor's side. We need to be absolute in terms of looking at all those documents. In the event that she is not appearing, please, guide us on how we treat the evidence in both documents.

Sen. Okiya Omtatah.

Mr. Deputy Speaker, Sir, I do not think we are sitting here to conduct inquiries. We are here to listen to the parties and render a verdict. Let the parties appear before us the way they choose otherwise, we shall be overstepping our mandate.

That is the reason why I wanted you to speak last because I know you have a lot of experience in the corridors. You have said exactly what we should do as Senators. We cannot call witnesses as the Senate. If any of the parties is not interested with that witness, then it is their business. You have some time to make such decisions when you will be making your decision later. We cannot force witnesses to appear before us.

Sometimes witnesses are provided and the team can decide to drop three of them. It has happened before. This is not the first time that a witnesses is not called in the Senate. I have followed three consecutive impeachments, so I have authority. I am almost an authority in this process.

Let us make progress, Hon. Senators. I know you have not spoken for two or three days, but this is not the time to open debate on a simple matter that I have made a ruling.

Now, Senators, I know you really feel like talking so at this juncture. I want to give you time, maybe 20 minutes or so, if you have clarifications on the witnesses that we have processed.

I made a ruling on your matter, Sen. Boni Khalwale. It is the same thing. Senators, who is interested to--- Yes, Sen. Agnes Kavindu.

How do you provide those witnesses, Serjeant-at-Arms? Members want to seek clarifications from them.

Thank you, Mr. Deputy Speaker, Sir. I want to know if this system has ever been used again after the impeachment of the Governor.

Do you know the name of the witness that you want to direct a question to?

It can come from the MCAs or the lawyers.

You can only seek clarification from the MCAs; the witnesses who were here a few minutes ago.

Yes, those are the ones I want to seek clarifications from. Has this system ever been used again after it was used for the impeachment of the Governor?

Si waitwe. Tutauliza aje?

Yes, Sen. Chesang Allan. I do not know whether the witnesses are hearing us. Where are they?

They are here, Mr. Deputy Speaker, Sir. I do not know whether I should call the next one or we deal with these ones first.

I want to get this from you Senators; I have been approached by several Senators that they have no clarifications to seek from the MCAs, the witnesses. Is that the mood of the House?

Yes.

Okay, fine. It is okay. If there is anything that we need from them, we shall be able to ask later, not now.

Thank you, Mr. Deputy Speaker, Sir.

Okay, next witness, please.

Well, these ones here. I was wondering where you were.

I am here.

Okay, proceed, clerk, and administer the oath to the witness.

Mr. Deputy Speaker, Sir, I will lay the basis for the witness testimony. With your permission, I will proceed.

Can you tell the Hon. Senate your full name?

My full name is Job Okuon Oguya. I am a project consultant at Cyber Hub Systems.

For the record of the Senate, the witness affidavit is at volume five of the Governor's Bundle. He is an IT expert. It is in volume five of the Governor's Bundle.

What are your professional qualifications?

I am a computer scientist. I also hold a quality management audit certificate on ISO 9001-2015 for quality management system.

What level of qualifications do you have? Masters, Bachelors or PhD?

Bachelor's.

Okay. How many years of experience do you have in the sector?

Over 10 years.

Now, in relation to the proceedings before the Senate, you swore an affidavit. Is that correct?

That is very correct.

Do you have the affidavit before you?

Yes, I have the affidavit.

You saw it, when is this affidavit dated?

This affidavit was dated on 27th of August on the year

Now, in the affidavit, you have said at paragraph seven that you did analyse extracts from a system audit logs which are contained in volume 4A of the County Assembly documents. For the record of the Senate, do you have these extracts that you said you analysed for purpose of preparing your report?

Yes.

What pages of the documents are these logs that you say you analysed?

These start from the pages 38. Pardon me. It starts from page 37.

From page 30?

Page 37 going on until the page 44.

Okay. What other documents did you use to analyse the report that you say you have prepared?

We used the ICT logs which are provided in the document in terms of the users who are able to log in and the IP addresses which are available.

Okay, so quickly, how did you do this audit, very quickly? Mr. Job Okuon Oguya: We did a cyber security audit in terms of looking at the system security level. We looked at it on high level in terms of the protocols and the security procedures which they have put. We found out that there is a lot of breaches and loopholes which are available in that system.

Okay, with respect to the security audit, what specific loophole did you find out?

As per our report?

Yes.

We found out various security issues starting from which is---

Are you looking at your report? Which page so that the Senators can follow you? Which page of your report are you talking about this security audit that you say you did?

Okay. If you look at your volume five booklet, this is from page 29 where it is a comprehensive high level cyber security audit report of the Kericho County Assembly System. So, the items which we identified during the audit, mind you, this was just a routine pass by audit. There was an absence of multi-factor authentication.

What is a multi-factor authentication? What is it in relation to the security of a system?

The multi-factor authentication is a security mechanism that gives you a second layer of security. In case somebody has your password, he is not able to log in. He needs to have another device, maybe a personal phone for him to now log into the system.

So, you are saying this is a password protection system or something like that?

Yes, it is.

What other issue did you find out?

We found out also that where the servers are hosted, they are exposed in terms of we know we can trace and we can find.

Okay, let us go methodically. This security audit summary is contained at which page of your report, so that we are methodical?

We can move to page, from page two.

No, up there, I think the document is page 32.

My apologies. Okay. Page 32.

Page 32?

Yes. So, from page 32, I think I have already highlighted the multi-factor authentication.

Yes, and the second issue?

The second issue as we proceed is on page 33 which is the lack of a dynamic naming system or proxy to protect your system from people knowing where it is located or where it is hosted. This is just to divert any threat attackers.

Okay. Why is this important?

This is important because without this, people will be able to attack your system and maybe remove some data from it.

Okay. What other issue? Very quickly, so that we summarise your reports.

There was a critical issue which was exposure of the passwords in the browser when a user inputs their username and password, which, definitely, the username and password was already shared without the requirement of security.

Yes.

So, if a user inputs their username and password, as a security personnel, we are able to get the password from the back end.

Okay. In this case, you looked at the logs, right? What was the username and the password that you said is unsecure?

The username and password that was insecure – give me 10 seconds.

Considering time and because that is an issue which is not contested, let us go to the next issue, the security challenge you said you experienced in this audit in order to save on time. What was the next vulnerability that you said you saw in the system from a security perspective?

This was more of an observation. We noticed that the system was hosted on a .co.ke domain. Out of curiosity, this is a county assembly system and most of the systems need to be hosted under a go.ke domain.

The Senators would like to know. You are talking about .co.ke and .go.ke. What is the difference?

The major difference is that .co.ke is a private commercial domain used by businesses, our companies or companies which are limited. The .go.ke is a reserved domain system which I believe is with the ICT Authority that authorizes you to use it. No one can come and apply.

Okay. What other vulnerability did you notice as an expert?

Another major vulnerability was also the password management policy.

What do you mean by password management policy? Explain it briefly.

I can say this is a requirement. I saw that the Kericho County Assembly IT team said they have an IT policy and with this, you need to have a policy that dictates that your password needs to be secret and also no one needs to know your password. You also need to be able to change it after a certain duration.

You said that the domain hosting was done abroad. Where is this contained in your report?

The domain hosting and server hosting was in Germany and the person who owns the domain is a company called Host Pinnacle Cloud Limited.

Is it a public or private company?

It is a private company.

In your analysis of this system and in terms of risk, how did you rate the system?

In terms of security, I believe the system is highly threatened.

There is a question which Senators want to know, and you can look at volume 4A, page 13, 14, 15, up to 17. What is this, from an expert perspective and what is contained in those pages?

This is a system log of the users who interacted with the system.

Of the users who interacted with the system?

Yes.

What are the key features of these logs that you can see from there because we want to know whether it gives names?

I believe the key features that I can see are numbers, which must be representing something, most likely the username of the users.

Very quickly, what else do you see there?

We can also see the motion number and the actual choice.

So, the results of the vote can also be seen from this document?

Yes.

Move quickly to page 29 because this is where we want to focus on. Explain to us what is there between page 29 to 32. What is this from an IT perspective?

Scrutinizing the documents and the pages, from an IT perspective and on the network side because IT is also wide, there is an IP address on the far right, which corresponds to the MCA's username or number. I can also see some IP addresses are different and some are the same.

Some IP addresses are different and others are the same?

Yes.

The question which the hon. Senators want to know from this document is why will the IP addresses be different for the same data? That is important.

Please, come again.

Some IP addresses on these pages are the same, while others are different, especially if you go to page 31. If you look at page 31, you have

If you observe this, you will see that with those IPs, it seems that the MCAs voted from the same network.

They voted from the same network?

Yes.

Now, let me be picturesque here. I have these gadgets. This is my phone, laptop or tablet and I want to use it to vote. A link has been sent to my phone to vote. Is that correct?

Yes.

I key in on that link, it goes into a system. Is that correct?

Very correct.

What the Senators want to know because four MCAs have said that some folks voted for them, if you have a gadget like this and you have accessed the system, what evidence does this gadget leave in that system such that anyone can verify and say; Peter Wanyama, on this date, you accessed the system using this machine?

For the system, as I mentioned earlier, there is some security flaw. In order for you to---

Ideally, in a typical system, if I am accessing a system, what will you find in the system to show that Peter Wanyama logged in this system? What fingerprint will you find in the system?

Usually, we use something called a Media Access Control (MAC) address which is unique to all devices.

You say it is a MAC address? Again, for the benefit of all of us, what is a MAC address?

It is Media Access Control. That is our terminology, but it is a unique identifier in a network system and all devices in the world have different MAC addresses. It is unique to each device, whether a laptop, a phone or anything that communicates with the internet.

Anything that communicates with the internet has a unique address?

Yes.

If I am doing an audit of that system, what kind of an audit do I need to do of a system in order to find the MAC address of the devices that access that system? As an expert, what should I do to check that the following MCAs used these devices to vote?

For that, as you have mentioned, you need to have the MAC address. Also, something that can support that would be maybe if they had implemented the Two-Multi-Factor Authentication (MFA) would hold float somewhere. As at now, that one does not hold float to ascertain that this is the device. So, without the MAC address, we cannot ascertain.

Okay, maybe let me rephrase my question. For me to get the logs containing the MAC addresses, for all these 33 gadgets that accessed the Kericho voting system, what kind of audit will I do of that system for me to arrive at this conclusion; a document containing the MAC addresses for all these laptops or computers or phones?

At local level, maybe because we can see the IPs, most of them voted from one place. So we would need also the access logs from the Kericho County IT administrator.

The access logs, and then?

So that we can ascertain that this computer is communicated at this time.

Okay. Did you access this system yourself?

Yes, we accessed with a shared username and password.

You accessed this system with a shared username and password?

Yes.

When you accessed this system, did you see the evidence of the MAC addresses of the devices that accessed this system?

Mr. Job Okuon Oguya: No, we did not see anything, and we did not see much.

I want to show you, in the documents before the County Assembly, those documents that you said you reviewed when doing the audit, the logs which are there. Do you see any MAC addresses of the phones and the computers that accessed this system to vote?

This is the time. No, we did not see any log. We did not see any log of the MAC address.

I also want to show you a security report which has been done by an expert from the Senate. It is before the House. Do you have a copy of the security audit?

Yes.

Have you had a look at it before you came to this plenary?

Yes.

Okay. In this document that has been submitted by a security expert from the Senate, do you see any MAC address; the logs containing the MAC addresses for all these phones and computers which were used to access this system, and in this case, several times, up to 34 times on the minimum?

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

Why are you interrupting the witness when giving evidence? Yes, what is it?

Mr. Deputy Speaker Sir, you have heard the counsel refer to the document which the Chair circulated to Members. Our understanding at that time was that a witness, the owner of this expert opinion, will introduce the document, then give us an opportunity to interrogate it.

After he has done that, our understanding was that then it would put us in a position to be able to now pose questions to this other expert, either to corroborate or disagree.

Mr. Deputy Speaker Sir, I believe that you consider taking that as the procedure to approach this particular evidence. If we do not---

Sen. Boni, thank you very much for your point of order. I do not take a lot of time to understand some things. I caution him not to refer until it is officially in this House. The experts will be able to come and interrogate this report.

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

Yes, Sen. Osotsi.

I think you need to give a thought to what Sen. (Dr.) Khalwale is requesting. The fortunate thing in this House is that we have IT experts. I am an IT expert of high standing in this country.

We have Sen. Kisang, we have Sen. Kajwang’, Sen. Olekina and others. We have a lot of issues to raise about the report by the expert. If we go the way we are going, we will end up in a situation where the lawyers are going to refer to that document in the report yet, we have questions around that report.

So I think from an expert point of view, it is important to start with the expert appointed by this House and then the others can now follow. That way, we will be making progress.

You remember, Senator, also yesterday, the directive was given that the counsel for the Governor was allowed to have this witness yesterday. It was again communicated by the Chair that we have an independent expert.

This morning also, there was a direction that was given by the Speaker that after all this has been done, the ICT Authority experts will come and share with us their report. So what we are cautioning is that the witness or the counsel should not refer to this report by this expert.

Yes, Sen. Sifuna, for 30 seconds.

Mr. Deputy Speaker Sir, the problem I foresee is that the Counsel for the Governor has brought his expert. What opportunity will that expert get to comment on this report, if not when he is on the stand? This is because when your expert comes, they would prefer that their expert has a comment on a document that is already here. Unfortunately, I was not here in the morning when this document found itself on the Floor. But I am wondering how it found itself there because it is a document that is before us. You and I have seen it and the witnesses---

Fine, Sen. Sifuna. Just a minute. When the Chair gives a communication as I have, which was done this morning. Maybe fortunately or unfortunately, some of us were not around and that is why now we are reversing a directive given by the Chair or from the Chair, here I am.

Sen. Sifuna: So just one clarification. At what point will the expert for the Governor get opportunity to comment on the report that has been submitted by the experts appointed by the House?

There will be no problem having him around.

So just one clarification. At what point will the expert for the Governor get opportunity to comment on the report that has been submitted by the experts appointed by the House?

There will be no problem having him around.

You know, Chair, today is Friday and I know how low, energies get on Friday. I am a Whip. Anyway, we will follow your guidance.

Yes, please. No more interruptions. Proceed, Counsel.

Mr. Deputy Speaker, Sir, I will not ask a question on the Senate ICT report. We will examine that witness when he comes before us.

When the ICT experts will be around, there is no problem having him around also to listen to the presentation.

I am well guided. I am concluding, Mr. Witness. MAC addresses of a telephone, laptop or desktop computer are the only evidence that is needed to ascertain that a certain person bought it. How does a MAC address look like? The MAC address of any gadget, how does it look like? How does a MAC address look like?

When you answer that question, go to pages 29, 30, 31, and 32 of volume 4A. As you answer, also respond to this additional question: Are these the MAC addresses of the laptops of the MCAs that voted?

Your first question: A MAC address looks like a serial number. It is composed of hexadecimal numbers containing letters and numbers, different from the IP address, which only contains numbers. From that, we cannot ascertain or see the MAC address of the devices from here.

And the second question? The documents in volume 4A from pages 29 to 32, are these the MAC addresses of the gadgets?

These are not MAC addresses of the gadgets. These are IP addresses.

An IP address can be shared by multiple devices. A MAC address is unique to a certain device. That is the major difference.

An IP address can be shared by multiple devices. A MAC address is unique to a certain device. That is the major difference.

Now look at the conclusion of your report on page 39. What conclusion did you give about the platform, the system that you reviewed?

Yes.

Yes.

It would be the same?

Yes.

Okay. That is all in examination-in-chief for the witness. Thank you.

Thank you, counsel. Cross- examination?

Hon. Temporary Speaker, may I kindly see my remaining time because I need to manage it. The screen is not facing me.

Can you reverse it for him to see the remaining time? It is 18 minutes.

Thank you. Let me do the best I can within the time limit, then we will take further direction.

Okuon Job Oguya, that is your name, correct?

Yes.

Do you know a person called Weldon Kipyegon Langat? Either you do or you do not.

I believe I know.

Knowledge of somebody is not belief. Either you know somebody or you do not. Do you know Weldon Kipyegon Langat?

Yes.

How well do you know him?

Not very well. We just met, we met yesterday.

Mr. Oguya, we need to start on an honest note. How well do you know Weldon Kipyegon Langat?

Not very well.

Not very well.

Not very well.

For how long have you known him?

Just this week.

You knew him just this week?

Yes.

When he was contracting you to sign this report?

For purposes of---

No. You knew him when he was contracting you to sign this report. True or not true?

I physically---

Witness, can you, please, answer the question?

I physically knew him this week.

I am saying you knew him when he was contracting you to sign this report. That is a very critical question because we are dealing with a professional. You knew him when he was contracting you to sign this report. True or not true?

True.

The truth is, Weldon Kipyegon Langat prepared this report and got you to sign it. True or not true?

Not true.

I am saying the truth is that Weldon Kipyegon Langat prepared this report and procured you to put your signature on it. Please reflect on that question and answer.

No.

What interaction did you have with Weldon Kipyegon Langat this week?

I believe it was just on the system check.

I believe it was just on the system check.

What about the system check because that is the critical question keeping these Senators here today? What about it?

As a team of IT experts, it was just like hitting the wall and finding out somebody’s observation of the system.

You observed this system with him?

No. We observed---

So, what interaction did you have with Weldon Kipyegon Langat? That is my simple and straightforward question.

As I have said, the interaction was just on maybe a name basis.

As I have said, it was more of an observation of the system, but no more in-depth details.

As I have said, it was more of an observation of the system, but no more in-depth details.

Tell us exactly what that observation entailed. What did you do with him regarding the system?

On our side, we just shared what we had observed, but we did not get information from him.

I told you earlier, Weldon Kipyegon Langat is the one who contracted you to sign this report, but you have denied.

The report was made by us.

I have said he is the one who contracted you to sign this report, you have denied. What interaction did you have with Weldon Kipyegon Langat? And remember, always, I only ask questions whose answers I know. So, proceed. What interaction did you have with Weldon Kipyegon Langat?

And that is why I have said we did not have--- That is the only thing that we interacted.

I do not know what it is. So, now state it. What was it? I want to understand what it is.

Observation of the system.

Tell us what observation of the system entails; the particulars of the observation of the system.

That is, if it is secure---

You interacted with Weldon Kipyegon Langat regarding if the system was secure. What were his observations?

On his side, I do not believe---

What were his observations on that issue?

I cannot recall.

Sorry, Mr. Job Oguya, you are an adult. Yes?

Yes.

Let us admit what we can, deny what we can. but within parameters of truth. You interacted with Weldon Kipyegon Lang’at this week. The first aspect of interaction was observation, if this system is secure. Is that what you told these Senators?

Yes, that is after our report.

What were his observations regarding the security of the system?

I cannot recall. I cannot recall what---

You discussed with Weldon Kipyegon Lang’at regarding this system that keeps these Senators here and you cannot remember anything about his observations? Yes?

Yes because we did---

Not because. You interacted with Weldon this week regarding this system that is at the centre of this Motion; and you cannot remember anything he said about it? Is that your statement?

The only business that brought you and Weldon Kipyegon Lang’at this week was this system. Did you have any other business?

The only business that brought you and Weldon Kipyegon Lang’at this week was this system. Did you have any other business?

No.

This is the only agenda that brought you together with Weldon; this system. Correct?

Correct.

You have forgotten everything that Weldon Kipyegon Lang’at told you regarding this singular agenda, is it not?

Maybe you can get together because of a certain---

I am not seeking hypothesis. I am seeking facts. You interacted with Weldon Kipyegon Lang’at for a single agenda, being this system, this week and you have forgotten everything he told you about that agenda. True or not true?

That is true.

The truth being you have forgotten everything?

Not that I have forgotten---

The truth being?

The truth being that we did not--- We just observed and we did not go---

That is a different question. I have asked you, what were the observations of Weldon Kipyegon Lang’at, regarding the security of this system? You have said---

On a point of order, Madam Temporary Speaker.

Sen. Mungatana, let us allow the witness to answer the question and we proceed.

Sen. Mungatana, let us allow the witness to answer the question and we proceed.

That is badgering.

That is badgering.

Do not interrupt, Hon.

Thank you, Madam Temporary Speaker.

Counsel, please, advance your conversation or interrogation with the witness.

My apologies, Madam Temporary Speaker, if I appear to have badgered the witness, it is not in my nature to do that. However, let me point out, Job Oguya, I have sought to know what aspects of this system you discussed with Weldon Kipyegon Lang'at. You have told me you discussed the security of this system. Is that the correct position?

Yes.

I have sought to know what the views, the observations of Weldon Kipyegon Lang’at were, regarding the security of this system this week.

Maybe ask again. I have not got your question.

Counsel, please, advance your questions? There are certain answers given by this witness.

Thank you.

Advance your question. I

Thank you. Let me now move to the clincher. You know that Weldon Kipyegon Lang’at is the ICT advisor at the Governor's Office in Kericho County. Do you know that?

No, I do not.

When you met Weldon Kipyegon Lang’at, he told you where does he work? What does he do for a living?

We did not exchange those pleasantries.

So, you are interacting with him regarding this system as who? What was his capacity as you interacted with him?

This system, we were interacting with various people within the team.

No, just answer my question regarding Weldon Kipyegon Lang’at. You interacted with him in his capacity as who?

Frankly, we do not know his capacity.

You met a stranger whose capacity you do not know and began discussing with him this system. Is that the correct position?

Yes, but he was---

Thank you. Let me make progress. Let us now go to the substance of your report. Your report is at volume 5e of the Governor’s document from pages 29 to 37. Is that correct?

Yes.

We were brought in by the lawyers.

We were brought in by the lawyers.

Who was your client? A client is somebody who is known. Lawyers is a generic word. Who brought who? Who was your client? Who is paying your fees? Who? Who is your client?

It is the Governor's team, which includes the lawyers and the consultants.

Did you talk to a particular person to do this work; a particular human being by name? Did a particular person contract you or was the letter signed by a particular person?

Madam Temporary Speaker, my apologies. The question of the lawyers has been answered and now I want to know which lawyer by name. It is a different question.

Madam Temporary Speaker, my apologies. The question of the lawyers has been answered and now I want to know which lawyer by name. It is a different question.

Proceed.

Thank you. Give us the name of the lawyer who contracted you.

This was the--- I believe we were--- You know it is a--- We--- I believe it was Peter.

Give us the full name of the lawyer, kindly. I do not know a lawyer by the generic name Peter. What is the full name of the lawyer?

Peter Wanyama.

Peter Wanyama is the one who contracted you?

Who contacted us, yes.

Let me go to that report now, in the interest of time. In your presentation before this Senate, you have made comments on the IP addresses from pages 29 to 33 of volume 4A. Do you remember making those observations?

Yes.

Mr. Katwa, your witness may need his bundle. Apologies. Volume 4A.

Yes.

You have made observations on the IP addresses at pages 29 to 33. You remember that?

Yes.

Yes. Let us go to your report. Which part of your report addresses those IP addresses? Give us a page number in your volume 5.

The report is in volume five, from page 29 all the way to page 39. I want him to point us to the part of that report that addresses the issue of these IP addresses.

Madam Temporary Speaker, I wish to make an observation. The witness is taking so much time to answer my questions and my time is running out.

The report is in volume five, from page 29 all the way to page 39. I want him to point us to the part of that report that addresses the issue of these IP addresses.

Madam Temporary Speaker, I wish to make an observation. The witness is taking so much time to answer my questions and my time is running out.

It is not captured.

These things you have been telling us here about IP addresses are nowhere in your report?

They are not captured directly in the report.

Which part of the report indirectly captures them?

Witness, can you answer the question?

It is not there.

Sorry?

It is not captured.

Oh! It is not even indirectly captured? Let me move. You have also talked about---

Counsel, you have a balance of two minutes to finish your cross-examination.

Thank you, Madam Temporary Speaker. Let me deal with the time remaining. I will deal with that issue when the time runs out because you have seen how the witness behaves with me.

You have also talked about the issue of Media Access Control (MAC) addresses in the course of your evidence-in-chief. You remember that?

Yes.

Which part of your report addresses the issue of MAC addresses? Give us the page number.

There is no report on that.

So that I close that issue, in summary, you have testified on matters outside your report this afternoon, true or not true?

For some of the matters, that is true.

Sorry, I did not get the answer.

For some of the matters, that is true.

Thank you. Let make progress. You know I am really strained for time, but allow me to do the best I can with that.

Let us go to the recommendations at page 39 of the report. What is your first bullet recommendation on security best practices?

Use https tls everywhere.

Use https tls everywhere. That is your recommendation?

Yes.

One of the resource materials you used to make this report was the affidavit of Alfred, the ICT expert from the Assembly, true or not true?

Please, repeat.

Yes.

Yes.

I want to show you, in the interest of time, my own copy of the affidavit.

Madam Temporary Speaker, for the record, I am showing the witness the Assembly’s volume two at page 84, in particular, paragraph 28. Please confirm that the address is https, then the other particulars follow.

Yes, I can confirm.

So, you recommended to them to do that which they are already doing at that bullet point?

Counsel, your time is up. I will allow the witness to answer that question, then we proceed.

Let me answer. This is a general recommendation. When I said security best practices, they should look at security best practices.

My question is different. That recommendation is already in place.

That recommendation is already in place, but that is a general security best practice that we need to put in place.

Madam Temporary Speaker, may I now formally request for some additional time? We request for 20 more minutes because of the time that I have taken with this witness. We have not had a habit of wasting any time. We have been victims of the time itself and the witnesses.

Counsel, we are constrained on time. So, I will give you five minutes.

Thank you, Madam Temporary Speaker. Let me see what I can do with five minutes.

I want you to look at your recommendation at page 33 of volume five. I am looking at bullet point three which is; application firewall rules blocking sqlixss. Are you seeing that?

Yes.

What firewall is applicable to this system you reviewed?

For this, we usually have---

Not you usually. The one you reviewed. You examined the County Assembly’s system. What firewall is it using?

We did not find any firewall.

Are you saying the system was completely without firewalls?

We are not privy to that information.

I need to get a direct answer. Are you saying you did not find any firewall because you never accessed it, or you accessed it and found it had no firewalls?

Please, repeat.

Are you saying the system had completely no firewalls because you never accessed it, or you accessed it and found it had no firewalls?

You know the words “comprehensive firewalls” and “no firewalls” in my lay language would be different. Is it the same thing?

You know the words “comprehensive firewalls” and “no firewalls” in my lay language would be different. Is it the same thing?

No.

So, I am asking; what firewall did you find in the system?

I believe the basic firewall system.

You know you have given us here names of firewalls such as sqlixxs. Do you know that? Which one did you find? It also has a name.

Maybe you misunderstood. These are firewall rules. This is not a type of firewall.

Yes, which firewall rules are applicable to this system? It has a name. Which firewall rules in fact apply to this system that is used in Kericho County Assembly? It has a name.

There are many firewall rules which could be implemented.

You were investigating a particular system, Mr. Witness. Which firewall rules did you find in this one?

For this one were basic rules that you could not access the backend. There is something called the backend.

There is a type of firewall called basic firewall rules?

Yes.

Its name is basic firewall rules?

It is a basic firewall and not basic firewall rules.

Do you know of a firewall called failed to ban firewall rules?

I am not aware of that firewall.

Let me ask, Mr. Job. As a matter of fact, are you an ICT expert?

Yes.

Thank you. Did you breach this system yourself?

We did not breach because we were not given the authority to do the same. However, we managed to find vulnerabilities in the system.

Did you penetrate this system yourself?

We did not penetrate fully.

When did you access this system, Mr. Oguya? When did you access the system itself?

We officially audited it on 27th August, 2025.

So that when we get an independent expert report, it will show the logs of your access to the system.

That is why I have said we did not access it. We did not penetrate it---

I thought you just told me you accessed this system on the 27th. So, you audited a system you did not access?

Allow me to rephrase that. We accessed the system with the credentials provided on the 27th, with the user credentials that we found on that 27th.

The particular credential was---

The particular credential was---

Counsel, time is up. He is only going to give you the credentials they used.

Maybe I can read it out. Should I read it out?

Proceed.

Just read it out.

20170083351, and the password was 24878352.

When you accessed, what were you able to do in the system?

Nothing much. We just observed and tried to change the password or set a password that did not have those options.

Sorry?

We tried to see if it could change a password or set a password.

That inability shows a security system: Your inability to change a password shows a security system in place.

Yes.

Thank you so much, Madam Temporary Speaker. I will leave the rest of the issue of credibility to your own observations. My time is spent. I thank you for the opportunity.

Thank you. Counsel, you can proceed with re-examination.

Just a few questions, Madam Temporary Speaker. Mr. Oguya, you were asked a question about Mr. Weldon Kipyegon Lagat. Do you know Weldon Kipyegon Lagat?

Yes.

And when did you meet him?

We met this week.

You met this week?

Yes.

Where?

Here.

You met here?

Yes.

Okay. You met him in the presence of who? Who else did you meet?

The Governor's team.

The Governor's team. When meeting him and the Governor's team, did you find out where everyone from the Governor's team worked? Their credentials, titles?

No.

Okay. Did Mr. Weldon Kipyengon assist you in preparing this report?

Who assisted you in preparing the report?

Who assisted you in preparing the report?

My colleague.

Maybe for the sake of the record, what is the name of the colleague?

Mr. Bruce Onyango.

Mr. Bruce Onyango.

Yes.

Okay. There is a fundamental question you were asked about the logs, which are in volume 4A. You were asked whether you had mentioned these logs, which appear on page 29 of volume 4A. You were asked a specific question, whether you mentioned these logs in your report. Look at Paragraph seven of your affidavit. Can you read Paragraph seven of your affidavit to the Senate, please?

“I was requested to analyse the extracts of the system audit logs, which are contained in volume 4A of the County Assembly documents.”

Are those the logs that you said you analysed, the logs in volume 4A?

Yes.

Okay. Look at page 35 of your report. Can you read paragraph 261, the first bullet?

“Data privacy and protection frameworks require strict separation of vote identity from ballot choice. From the logs provided, we can know who voted.”

Okay. Have you mentioned the word logs? Are these the logs that you say you referred to?

Yes.

Okay. Now, in preparing your entire report, what was the primary document that you used to make all these conclusions that are contained in your report? What was the primary document?

The primary document was the system architecture.

The system architecture?

Yes.

Okay. By the way, for the avoidance of doubt, when you logged in using those credentials that you said, did you see the logs in the system as an expert?

No.

Why?

Because the user did not have those rights.

Okay, the user rights cannot access the logs?

Yes.

So, you relied on the logs, which were already supplied to you?

Yes.

as a lawyer, what the Constitution is, I will simply pick it out and show it to you and there will be no doubt about it. So, to your own knowledge as an IT expert, do you know what MAC addresses are?

as a lawyer, what the Constitution is, I will simply pick it out and show it to you and there will be no doubt about it. So, to your own knowledge as an IT expert, do you know what MAC addresses are?

Yes.

From the documentations that you analysed, the logs that are in front of you, do you see any item that looks like a MAC address of a computer, a phone or a laptop?

No.

Was that the basis of your conclusion about MAC references to MAC addresses?

Yes.

Who contracted you? You were asked a question that someone contracted you.

Yes, as I mentioned, it was the Governor's team led by-- -

How many lawyers were in the Governor's team that you were working with?

I did not count how many lawyers were there, but I believe the ones I know, around seven or eight.

You did not count how many lawyers were there?

Around seven, Okay.

Have they paid your fees? Madam Temporary Speaker, that is the last question.

Are you sure you want to discuss the fees in the course of those questions?

I think we can now proceed with the Senators who want to interrogate this witness. I want to start with Sen. Samson Cherarkey.

Please ask a direct question and do not take more than one minute, so that we can finalise with this witness.

Thank you, Madam Temporary Speaker. Mr. Witness, I have seen in your affidavit that you did not check the system itself, or did you only analyse the logs. Secondly, in your assessment, were you able to visit the Kericho County Assembly? Finally, I have seen in your report, you have not indicated whether the system was compromised or not. Can you clarify your recommendations and conclusion?

Thank you, Madam Temporary Speaker.

We will take a few questions and then you will respond to them together.

Sen. (Prof.) Tom Ojienda, you may proceed.

Mr. Witness, you have referred to the system created and I want you to clarify a few things. Number one, was the system tamper-proof?

Number two, is it possible to know whether a third party voted for a Member from the analysis of the system?

Thank you, Madam Temporary Speaker. From what I have listened to, the witness only pointed out to the absence of multi-factor authentication, lack of cloud fare, exposure of passwords, use of the .co.ke instead of

Thank you, Madam Temporary Speaker. From what I have listened to, the witness only pointed out to the absence of multi-factor authentication, lack of cloud fare, exposure of passwords, use of the .co.ke instead of

Sen. Wakoli, proceed. Then you will respond to those questions and we proceed to the next segment.

Madam Temporary Speaker, I drop.

Sen. Wakoli has dropped. Sen. Okenyuri Essy, proceed.

Thank you, Madam Temporary Speaker. I would wish to know from the IT expert whether he has the capacity on geo-referencing. We need to know if each individual who was voting virtually matches with the places they were in, so that we do not have a case of a voter who voted virtually but was in Bomet.

Secondly, how do you prove that the four votes that were emanating from the same IP address are not from different devices or same device?

Finally, are you able to check on the authenticity of the static Internet Protocol (IP) address?

Thank you.

Witness, can you proceed to respond to those queries?

Sen. Olekina Ledema.

Sen. Olekina Ledema.

Thank you, Madam Temporary Speaker. I have a few questions for the IT expert. First, let me congratulate you for selling yourself in 30 pages of giving your credentials in the key audit in your report. I was trying to find exactly what you are auditing, but I could not. I will go specifically to my questions, which are as follows-

Sen. Oketch Gicheru.

transparency that can show us that in the event log of what transpired in the voting time of 11 minutes, this is my audit trail. So, my question to you is where can we find your audit trail of this system that can show us event logs of exactly what transpired?

Thank you, Madam Temporary Speaker.

transparency that can show us that in the event log of what transpired in the voting time of 11 minutes, this is my audit trail. So, my question to you is where can we find your audit trail of this system that can show us event logs of exactly what transpired?

Thank you, Madam Temporary Speaker.

Sen. Osotsi to close the number of questions then we go for three on this side.

Thank you, Madam Speaker. I just want to clarify a matter. When the expert was confronted with a question to distinguish between a MAC address and IP address; I think there was some confusion there because a MAC address is supposed to be that unique identifier that identifies---

Let me process my question. That identifies a device on a network.

Can you avoid answering for the witness? You just pose the question or seek the clarification, so that you give them the benefit of answering that question.

Very well, but let me go now to the point. An IP address in my own understanding, my 25 years of practise is that unique identification that identifies a device on the internet. For example, when you have your phone and you want to transact on the internet, that unique number that identifies you on the internet is the IP address.

I want to pose a question based on the contents of county assembly documents, volume 4A on page 30. There is a particular IP address; IP address 41.139.237.2.129. It has been used nine times and I want to believe maybe it is because we got one particular computer that the MCAs were using to vote. That could be the explanation.

Do not speculate. Can you pose the question to the witness?

Okay, Madam Temporary Speaker, you know in this House, we have a diversity of professions and in this particular one I have a responsibility to guide this House. I would like to know whether the ICT expert did an IP lookup. We have something called an IP lookup where you can determine the physical location of a device on the internet. It will tell you the geographical location.

Very well, I think your question is posed. I will give the witness time to respond to those questions.

Proceed, witness. Proceed, we are coming to three questions on the majority side.

Speak into the microphone, so that your voice does not fade away.

Speak into the microphone, so that your voice does not fade away.

Okay, sorry. Then the issue on the logs which were not captured, the audit trail had a transparency. Our mandate for this exercise was to test the high-level security of the system.

As I mentioned, we did not enter the administrator account and we did not have access to it. So, the audit trails which were to be provided, we did not have access to it.

For the method or the methodology that we used to audit the system, we relied on the basics. As you have mentioned, the report is basic. You know, if something is basic and you understand, it means the person did a very good work. This is because if you used technical terminologies, most of you would have said this thing is very hard to understand. That is why we made it this way. The best teachers are the ones who simplify things. That is the reason you find it very basic. About being a certified white hacker, no, I do not possess that certification, but I possess the experience.

Are you done with the responses?

Yes.

He has answered--- He did not respond to your question, Sen. Osotsi?

My question was whether the expert did an IP lookup on those IP addresses.

This is because the IP lookup will give you the physical location of the device.

Witness, that is a crucial question. Can you answer that question?

Yes, I had answered it. I believe maybe you are communicating with your fellow Senators. This, the IP mentioned the 421.139.237.129, is registered under Safaricom Limited.

Where was the physical

Maybe I can just give the physical location just now, because this is publicly available information. Yes, but it is registered under Safaricom Limited.

We will proceed on to the next set of questions.

Sen. Kisang and Sen. Joyce, in that order.

have delivered. Where are the terms of reference? This is because this is what would have assisted the Senate to make a decision. However, the witness has not helped us, because he would have listed at least a few of those IP addresses, especially the one that was used by nine members to say this particular IP address was the laptop that was in the county assembly, but he has not done it, because some of us we have basically checked a few of them, they are far away from Kericho. So, we expected him to highlight, so that at least it will aid us in making a decision.

have delivered. Where are the terms of reference? This is because this is what would have assisted the Senate to make a decision. However, the witness has not helped us, because he would have listed at least a few of those IP addresses, especially the one that was used by nine members to say this particular IP address was the laptop that was in the county assembly, but he has not done it, because some of us we have basically checked a few of them, they are far away from Kericho. So, we expected him to highlight, so that at least it will aid us in making a decision.

Sen. Joyce.

Thank you, Madam Speaker. Mine is just to ask the expert to tell this House if the SMS sent to the MCAs could be transferred to any other person to vote on their behalf.

Thank you, Madam Temporary Speaker.

Sen. (Dr.) Khalwale.

Thank you, Madam Temporary Speaker. Mr. Okuon, do you know why you came here? It is because we want an expert like you to differentiate between the Governor's side and the County Assembly’s side on who is telling us the truth.

The County Assembly is telling us 33 people voted on that system you have audited. The Governor is telling us, no, they could not have been 33 because 18 of them were supporting us. Can you now tell us, during your audit, how many MCAs voted? Answer that.

Witness, can you respond to those questions?

Thank you. Sen. Wambua Enoch, followed by Sen. Beatrice Akinyi Ogola.

Thank you. Sen. Wambua Enoch, followed by Sen. Beatrice Akinyi Ogola.

Thank you, Madam Temporary Speaker, the expert was supposed to help us deal with the problem with the system. I am not sure if he is really helping us. What Sen. Osotsi is saying and I will repeat, the lookup is a very simple thing to do. It is as easy as a search. You also have IP addresses listed there.

The easiest thing for him to do and Madam Temporary Speaker, if you allow, we cannot do it here now, is to log in and find out when that device was used, where it was used and the exact location. Then it would have been easy for us to make that determination. The rest of the thing that the expert is telling us may be things that we will struggle to make a decision based on that information.

Why is it difficult to link every vote to a gadget? Just link every vote to a gadget; that this vote came from this gadget; this gadget was in Nairobi and this other one was in Bungoma. It is as simple as that, Madam Temporary Speaker.

Thank you. Sen. Beatrice, you have taken out your name.

Sen. Okoiti Omtatah.

Madam Temporary Speaker, sitting where I am sitting, I am unable to answer the question. There is a case before us and the case before us is a contention on whether the threshold for voting was met.

The Assembly produced logs showing that 33 people voted. I expected from the expert to not discuss the securities or whatever of the system that was set up. It is not the credibility of the system that is before me. Before me is the question, was the threshold met in the Assembly and how many people voted?

Therefore, I am not seeing that question being answered and I am not being helped to answer that question. Instead, we have entered into an academic exercise of discussing things my friend Ledama calls crypto currencies or something.

Madam Temporary Speaker, I request that we be helped to answer the question on how many people voted. I wanted an audit of the 33 logs to tell us that either they are valid or they are invalid. I have sat here from morning and that question is not being answered.

Thank you, Sen. Okoiti. We will give the witness a chance to respond to those questions. To be brief, we will have the final round of questions before we close with this witness.

Proceed to answer those queries and take the shortest time possible.

In line with the IP address, which has been mentioned, it does not give the exact device because many devices share the same IP address, as I have been mentioning. If you are in one place and you are using the same network, the IP address will be the same.

Even if you look at the IP, which I have mentioned, the 41.139.237, there are eight instances it voted. It means these people were in the same place, or they were using the same network, but you would not know if it was actually him who voted with his device. That is the biggest downfall of the system. It needed to have audit trail in terms of MAC addresses in order to know, if it is you or is it your device that entered?

All this would have been sorted out if simple mechanisms or basic things that we had recommended or have been recommended, like two-factor authentication, which when you log in, sends that notification to your phone again for you to confirm. We would not be having this case now.

In line with the IP address, which has been mentioned, it does not give the exact device because many devices share the same IP address, as I have been mentioning. If you are in one place and you are using the same network, the IP address will be the same.

Even if you look at the IP, which I have mentioned, the 41.139.237, there are eight instances it voted. It means these people were in the same place, or they were using the same network, but you would not know if it was actually him who voted with his device. That is the biggest downfall of the system. It needed to have audit trail in terms of MAC addresses in order to know, if it is you or is it your device that entered?

All this would have been sorted out if simple mechanisms or basic things that we had recommended or have been recommended, like two-factor authentication, which when you log in, sends that notification to your phone again for you to confirm. We would not be having this case now.

Sen. Chesang followed by Sen. Tabitha Keroche and Sen. Mariam. That is the last round of these questions.

Thank you, Madam Temporary Speaker. My first question was asked by my colleagues. My first question is to ask the IT expert if he thinks this system was secure or not. If so, maybe he should tell us if he was able to detect whether any unauthorised persons may have accessed the device, maybe to vote, apart from the MCAs who were there.

Thank you Madam Temporary Speaker. I want to ask the witness, the ICT expert. I know Kenyans are following this and they are very keen to ensure that there is transparency in whatever we are doing.

There is a narrative, maybe for lack of a better word, that has been driven by my friend, Counsel Ongoya. I remember the Speaker said that we need an independent ICT expert from ICT Kenya, and the governor to bring his own expert to ask these questions.

The narrative is as if you drafted this document and your own document--- I think we need to know whether you drafted the two documents, because people will be asking if this report is objective.

Do you know Weldon? He is called Weldon. So, I think that is what the Kenyans are now asking, me being one.

I think the question has been stated.

Proceed, Sen. Mariam.

Thank you, Madam Temporary Speaker. My question is to Mr. Expert. The audit report you have given out is very narrow; not detailed as such.

We have heard from MCAs that they are undermining the systems. As an expert, and you did an audit of the system, do you recommend that system to be used in any way or in even the county executives and county assemblies?

Witness, if you can do nothing else to help us, can you at least tell us where the locations of these IP addresses are? You have told us who it belongs to, Safaricom, which belongs to nine of those in your report, but where exactly, what is the location in the country which they are attached to, along with all the rest which are not the Safaricom locations?

The Temporary Speaker (Sen. Veronica Maina): So, witness, you will answer that, and then the Counsel who procured, you will answer the final question from Sen. Asige. Then, we will call it a day on this witness.

Witness, if you can do nothing else to help us, can you at least tell us where the locations of these IP addresses are? You have told us who it belongs to, Safaricom, which belongs to nine of those in your report, but where exactly, what is the location in the country which they are attached to, along with all the rest which are not the Safaricom locations?The Temporary Speaker (

Madam Temporary Speaker, I said earlier on that the benefit that we have in this House is that we have diverse professionals in this House.

I happen to be one of those professionals in ICT, and I cannot sit here listening to misleading information. I do not want to contradict him any further, but I would request this House to take one or two minutes to do a simple task called an IP look-up, just to determine the physical location of this IP address, 41 dot something, that was used nine times. That will really help this House.

So, witness, you will answer that, and then the Counsel who procured, you will answer the final question from Sen. Asige. Then, we will call it a day on this witness.

Okay, thank you, Madam Temporary Speaker. Let me deal with the frustration, first, in terms of the IP addresses and if we can locate them. We are able to locate these IP addresses, and I have mentioned the IP address, and know who was given this IP address by Safaricom?

For some of the IP addresses on this list, maybe for the IT experts or the people with IT experience, there is something called the IP Version 4 addresses. The IP Version 4 addresses have been overused, and they are no longer available. So, there is something that ISP providers use, which is called a shared IP space, because we have exhausted all IP Version 4 addresses up to now.

That is why you can see on page 30, there is an IP address starting with 105.161. That can be used by multiple ISPs, in terms of Safaricom, Liquid Telecom, and Wananchi, because we have exhausted all these IP 4 addresses.

Traceability also of these addresses is not as simple for these ones which are starting with 105, because they are in a shared IP address range. The ones which are starting with 41, those ones we know, as we have checked, they are in Kericho County, from the pin which we have just stuck now.

Then about the recommendation of the system, the way it is built currently, and the mechanisms or the protocols or the framework it has, I would not recommend the system to be used by anyone until the upgrades or updates are aligned to best security practices. This is because if the system, I would not be here. If it was good, I would not be here.

On authorized persons accessing the system, that is true. To be frank, the system does not allow you to know if it is an unauthorized person, because, as I said, the credentials were already shared and everyone knew them

I can access that system from wherever, even in Kericho. We would not know if somebody used my credentials to access my portal, because there are no security protocols in terms of Two-MFA, which would send a notification to your message, so that you approve the access. Then also, the unauthorized personnel to access the system is very key, because I believe from the reports which was printed is in black and white.

On page 34, there is Figure 1.2 written or exposed password. This is more of the technical requirement which we did on security, apart from the basic recommendations. This one, if maybe it was printed in color, you would have seen that the passwords are exposed. Once somebody logs in, somebody who is using your computer can come back and see your passwords. So, that is also a technical and cyber security risk for that.

For the drafted, I am just trying to answer the question if the system was secure. I do not believe the system was secure, even from this expose on Figure 1.2, which mentions the exposed passwords. That is already a very major flaw on that system.

Give him a specific one.

I had asked this question earlier, that IP address---

I am guiding you, so that you get what you are looking for because you cannot give evidence from the Senate. You have an intervention. Let us finish with Sen. Osotsi.

I am already on intervention. The IP address 41.139.2---

Witness, can you take it up and look it up and give an answer right away to the House on where that IP address leads you?

I am guiding you, so that you get what you are looking for because you cannot give evidence from the Senate. You have an intervention. Let us finish with Sen. Osotsi.

I am already on intervention. The IP address 41.139.2---

Witness, can you take it up and look it up and give an answer right away to the House on where that IP address leads you?

Sen. Eddy, wait.

I would like the IT people to---

He is on a point of intervention.

Sen. Joyce, you wait until he finalises that exercise.

I would like the IT people to give us the screen, maybe to go to the internet, and then I will demonstrate that. I am on a point of order.

Sen. Osotsi, can you follow the guidance of the Chair? I have guided you correctly. Give that IP address to the witness who can give evidence before this House. You cannot give the evidence yourself. We want to hear his response. You can always cross-check before you vote, so that it guides your vote.

Very well, Madam Temporary Speaker. I was saying that because the expert will need the assistance of the IT people. They have to display that on the screen.

I would like the IT people to give us the screen, maybe to go to the internet, and then I will demonstrate that. I am on a point of order.

Sen. Osotsi, can you follow the guidance of the Chair? I have guided you correctly. Give that IP address to the witness who can give evidence before this House. You cannot give the evidence yourself. We want to hear his response. You can always cross-check before you vote, so that it guides your vote.

Very well, Madam Temporary Speaker. I was saying that because the expert will need the assistance of the IT people. They have to display that on the screen.

From the publicly available information, there is no location for that. It just mentions Kenya, Nairobi as the domain admin.

Sen. Eddy?

Madam Temporary Speaker, with a lot of respect, I think we are sitting here as a quasi-jury. Even though we have got many ICT experts here, some of us know ICT, but what we are attempting to do, I urge you, perhaps you can guide that a Senator can do that in their submission because they will have submission time when they will make sense of this here. However, as a matter of procedure, you ruled yesterday from that chair that we are going to have an ICT expert who will then give us another report.

So, even if the ICT expert cannot give us another report, that is fine. Let us wait for the other ICT expert to give us. However, if the jury wants to give us a direction of ICT, let them do that during the submission. This is because we are going to rule on this and rule on substantive issues.

Sen. Eddy, that is why I guided Sen. Osotsi. That evidence could not be adduced from the Chamber. It can only be adduced by the witness and beyond that, maybe the experts.

Sen, Ledama, proceed.

Madam Temporary Speaker, we have been sitting here for quite a number of hours. I am not sure whether the defence or the County Assembly understand the amount of time they have.

Could you, kindly, stop all these interventions? Allow the County Assembly and the Governor to finish their case. When time comes for us to submit, either to support or not or to oppose, we can then try to argue our matter.

Let me guide you, Sen. Ledama. The Chair is in charge. Right now, it is the Senators who are using their time. It is not the time for either the County Assembly or the Governor's time. So, it is the Senators who have raised the issues and the requests are coming from your end, not from their end.

Now, witness, you are stood down. We are done with question time. So, you may resume your seat or you could exit, but you are discharged from the stand.

Thank you.

We are now moving on to the ICT expert who was requested by the Senate to bring a report. Clerk, you can make sure the expert is called in. Serjeant-at-Arms, can you get the ICT expert? The question directed to Counsel Katwa Kigen.

Let me guide you, Sen. Ledama. The Chair is in charge. Right now, it is the Senators who are using their time. It is not the time for either the County Assembly or the Governor's time. So, it is the Senators who have raised the issues and the requests are coming from your end, not from their end.

Now, witness, you are stood down. We are done with question time. So, you may resume your seat or you could exit, but you are discharged from the stand.

Thank you.

We are now moving on to the ICT expert who was requested by the Senate to bring a report. Clerk, you can make sure the expert is called in. Serjeant-at-Arms, can you get the ICT expert? The question directed to Counsel Katwa Kigen.

Hon. Senators, just to let you know, some of the issues you are raising yourselves are raising those issues. So, the time that is being spent is based on your requests.

Sorry, Madam Temporary Speaker. May I just ask one last concern from you?

Proceed.

Madam Temporary Speaker, the person who has been brought here to answer these charges is the Governor. Do I understand that we are not going to hear the Governor's evidence and to test it?

Counsel Ongoya, I would hope you concentrate on how you manage your case because the Counsel for the Governor has said that is the close of their case. Once they declare that, I believe they are competent in their submission to that respect.

Thank you, Madam Temporary Speaker.

Thank you. So, we can proceed on to the ICT expert.

Hon. Senators, to ease the question time, we should avoid repetitive questions. If you repeat the questions, you will get repeated answers. Repetitive questions, repetitive answers.

Exactly! Is the witness within the precincts of Parliament? Where is he or she?

Clerk, could you, please, administer the oath to the ICT Authority

(ICTA)

experts? Clerk Assistant, are both the experts going to take to the stand?

took the stand) Just one? Okay. Proceed and administer the oath.

Counsel Ongoya, I would hope you concentrate on how you manage your case because the Counsel for the Governor has said that is the close of their case. Once they declare that, I believe they are competent in their submission to that respect.

Thank you, Madam Temporary Speaker.

Thank you. So, we can proceed on to the ICT expert.

Hon. Senators, to ease the question time, we should avoid repetitive questions. If you repeat the questions, you will get repeated answers. Repetitive questions, repetitive answers.

Exactly! Is the witness within the precincts of Parliament? Where is he or she?

Clerk, could you, please, administer the oath to the ICT Authority

(ICTA)

experts? Clerk Assistant, are both the experts going to take to the stand?

took the stand) Just one? Okay. Proceed and administer the oath.

I want you to proceed and present that report, but first of all, give your full name and the position you hold at the ICT Authority, and then present the contents of the report.

You have 10 minutes to do that.

Thank you, Madam Temporary Speaker. My name is Philip Irode. I am the Deputy Director in charge of Information Systems Security at the ICT Authority.

We received a request from the Senate through our Principal Secretary (PS) at the State Department of ICT and Digital Economy that they require the assistance of the ICT Authority to look into issues of the Kericho County Assembly voter system. Our CEO sent a response to the Clerk of the Senate, and that was yesterday, appointing myself, Mr. Philip Irode and my colleague Ms. Joan Mokeira, to come and address this particular request.

We came in, had a brief, and given that we had not initially received a formal letter, we had to seek a letter to take it back to the office for purposes of the normal guidance as per Government protocols through the accounting officer. We later came up with the denominations of our two names and looked at the system. This was in the presence of both parties from the County Assembly, the Senate, and of course, the Governor's office.

The system that we are looking at is a web-based voting system. The system is hosted off-premises and out of the country; our initial URL search indicates that the system is published at IP Address 178.162.234.23.

From the interactions, which are basically the initial assessment that you do from the interaction with the system owners, it is an in-house developed system where the local staff have developed the system. It is managed and administered by the head of ICT, who is the super administrator.

We looked at the system based on the scope of the request that was articulated in the letter, and of course, being professionals within the industry, we were guided by processes, which are basically information security frameworks that guide our work. This includes ICT authorities information security standards, as well as other global information security practice standards.

We looked at it and, of course, we had five specific questions that we were meant to answer, which we have answered and the details, which are basically as articulated in the report that we have provided before this House.

Question one was, did an electronic voting process take place using the system? Of course, we have looked at the system based on the logs, which you were able to access

Yes, Madam Temporary Speaker, Sir.

I want you to proceed and present that report, but first of all, give your full name and the position you hold at the ICT Authority, and then present the contents of the report.

You have 10 minutes to do that.

Thank you, Madam Temporary Speaker. My name is Philip Irode. I am the Deputy Director in charge of Information Systems Security at the ICT Authority.

We received a request from the Senate through our Principal Secretary (PS) at the State Department of ICT and Digital Economy that they require the assistance of the ICT Authority to look into issues of the Kericho County Assembly voter system. Our CEO sent a response to the Clerk of the Senate, and that was yesterday, appointing myself, Mr. Philip Irode and my colleague Ms. Joan Mokeira, to come and address this particular request.

We came in, had a brief, and given that we had not initially received a formal letter, we had to seek a letter to take it back to the office for purposes of the normal guidance as per Government protocols through the accounting officer. We later came up with the denominations of our two names and looked at the system. This was in the presence of both parties from the County Assembly, the Senate, and of course, the Governor's office.

The system that we are looking at is a web-based voting system. The system is hosted off-premises and out of the country; our initial URL search indicates that the system is published at IP Address 178.162.234.23.

From the interactions, which are basically the initial assessment that you do from the interaction with the system owners, it is an in-house developed system where the local staff have developed the system. It is managed and administered by the head of ICT, who is the super administrator.

We looked at the system based on the scope of the request that was articulated in the letter, and of course, being professionals within the industry, we were guided by processes, which are basically information security frameworks that guide our work. This includes ICT authorities information security standards, as well as other global information security practice standards.

We looked at it and, of course, we had five specific questions that we were meant to answer, which we have answered and the details, which are basically as articulated in the report that we have provided before this House.

Question one was, did an electronic voting process take place using the system? Of course, we have looked at the system based on the logs, which you were able to access

It is true.

Were you notified of the people who were present at the time of undertaking this exercise?

Yes, we were.

You did this exercise in the presence of the people representing the Governor's team, the people representing the County Assembly and the administrative staff of the Senate. Is that the correct representation?

Yes, it is.

I have three substantive concerns regarding the report, then I sit down. Is there any single log that you came across, any credential that you encountered from the logs that voted more than once?

The answer to the question is no.

Yes, it is.

I have three substantive concerns regarding the report, then I sit down. Is there any single log that you came across, any credential that you encountered from the logs that voted more than once?

The answer to the question is no.

No, we did not come across such a log in the system because the voting had already been closed.

Did you see the logs used by the administrator of the system to log and undertake any activities in the system?

Yes, the logs are clearly marked when an admin logs in and when a specific user created into the system logs in.

Did the admin logs themselves cast any vote?

No.

That is all for this witness.

Proceed.

Madam Temporary Speaker and the Hon. Senators, I will share the 10 minutes with the Senior Counsels Katwa and Wanyama. I will only ask two questions. Mr. Philip, from the logs that you extracted, did you extract any source IP addresses?

Yes, we have IP addresses within our logs.

Source IP addresses, the MAC addresses. Did you get any MAC addresses from the system?

Which one are you referring to? You mentioned MAC address and IP address.

Source IP addresses, which is the same as MAC addresses?

Your honour, those are two different addresses.

So, you can differentiate the two, kindly?

Yes. So, MAC addresses are ideally in a layman's language, like your fingerprint. It is absolutely unique.

Unique. Did you get those unique identifiers from the system?

Allow me to answer the question.

No, I am asking you a question. Did you get those unique identifiers from the system?

The IP addresses, yes.

Counsel, allow him to answer.

Okay. I need a specific answer, yes or no, on the issue of source IP address.

Counsel, let him answer, so that you can benefit from that answer.

Okay.

Yes, so we have IP addresses within our log systems.

The source IP address, did you get them?

Yes.

Yes, so we have IP addresses within our log systems.

The source IP address, did you get them?

Yes.

It is the opposite. From our answer, we could be able to say where the IP address is from.

Have you indicated that in your report?

Yes.

That it came from where?

We have indicated the IP addresses of the various voters who logged into the system.

Can you identify those IP addresses to a certain gadget saying that this IP address, 41 something, was for Hon. Anita? Can you say that?

Your Honour, that is not possible with the system configuration as it is.

So, from the system that you are working on, you cannot tell who voted for who?

You can tell based on the user ID, which is a unique user ID, and the IP address of the user.

This is not a personal question. You will remember that we worked together yesterday as you worked on this report. This is not personal. You became my friend yesterday and you will confirm to this Senate that we began working on this report at 4.30 p.m., you disappeared until 4.30 p.m. Is that true?

So, from the committee, you will confirm that you left the committee room at

Your Honour, that could not be true. As I have indicated, we were called here urgently. We came without formal release letters. When we came, we were invited into the Chamber. We were briefed on what the assignment entailed.

I am talking about when we sat.

Counsel, allow the witness to answer, please. You asked a question; he is responding to that question.

Proceed, witness.

Thank you. So, after we were briefed by the Clerk's office, as protocol dictates, we have to seek concurrence from our accounting officer. I explained to the Clerk's office that we need to get an authority to embark on an exercise. This is when I was ushered into the Clerk's office. A letter was done while I waited, and I walked with that letter to our CEO's office, advising him that this is the sort of engagement that we have been called to conduct, and I, therefore, need to be officially released.

Did you require two hours?

Well, it was not two hours, your Honour.

Thank you.

Did you require two hours?

Well, it was not two hours, your Honour.

Thank you.

As I have explained, it is a practise as a public officer, you have to get approval or express permission.

Did you require approval when the Speaker had already issued a directive and you are in the presence of the House of Senate? Did you require approval to leave the Senate and go back to your CEO?

I was given a letter requesting us for the services, which I had to deliver to our office for approval and clearance.

Did you become hostile to the team by the Governor when you came back?

I am not a hostile person.

You were asked a specific question yesterday and which I have asked you and you need to tell the Senate. This question is in the mouths and minds of all the Senators today. The MCAs accessed this system using a gadget. Is that correct?

I would not know.

From your observation, they accessed using this system using a gadget, whether a phone, laptop or a computer, is that so?

Ideally, based on the nature of the system, yes, it is a web- based system.

When you access the system, you leave a fingerprint in that system, so that anyone else can tell that indeed, you are the one who voted. That is the primary question before this Senate. The question is, did you find in the system, what is known as MAC addresses for the computers, mobile phones or laptops which were used to access this system?

Allow me to answer that question in a layman’s language for the benefit of the Senate. What happens when you are accessing a system, there is the public facing IP and the internal IP. I will give you an example.

If we have all access to our WiFi in this building, that WiFi will have firstly, external facing IP. That IP is the one that channels our traffic to the specific request that we make to the internet. By the nature of this system, it has been set up such that, it can pick the IP as the unique resource locator for the service and that is part of the logs that we were able to collect.

Considering my time and I appreciate that. The IP addresses you have given to this House are already in the House. The Senators have looked at them and some have been recorded nine times. They have interrogated that issue. At this time, they are asking about the MAC address. They want to know if MCA A, B, C voted and which gadget they used.

The primary question is: Does your report contain the logs for the MAC addresses?

When you access the system, you leave a fingerprint in that system, so that anyone else can tell that indeed, you are the one who voted. That is the primary question before this Senate. The question is, did you find in the system, what is known as MAC addresses for the computers, mobile phones or laptops which were used to access this system?

Allow me to answer that question in a layman’s language for the benefit of the Senate. What happens when you are accessing a system, there is the public facing IP and the internal IP. I will give you an example.

If we have all access to our WiFi in this building, that WiFi will have firstly, external facing IP. That IP is the one that channels our traffic to the specific request that we make to the internet. By the nature of this system, it has been set up such that, it can pick the IP as the unique resource locator for the service and that is part of the logs that we were able to collect.

Considering my time and I appreciate that. The IP addresses you have given to this House are already in the House. The Senators have looked at them and some have been recorded nine times. They have interrogated that issue. At this time, they are asking about the MAC address. They want to know if MCA A, B, C voted and which gadget they used.

The primary question is: Does your report contain the logs for the MAC addresses?

It is a ‘yes’ or ‘no’ answer.

Counsel, allow the witness to answer.

Witness, do you have the IP addresses in your report?

I have IP addresses in my report, Madam Temporary Speaker.

Madam Temporary Speaker, the question is the MAC addresses.

Madam Temporary Speaker, I request for two more minutes. I am now on a delicate issue.

Granted, respond to the

MAC addresses are not part of external facing details that captured within this system. The system captures IP addresses which can still be linked to a MAC address. For example, you have your own safe in your house which is located in a certain place. We cannot expose your safe to the outside world, but we will expose your gate number. Ideally, a MAC address is unique to that house and the house number is public information.

That begs two questions. On these MAC address what kind of audit did you do? Did you do a basic compliance audit, a network security audit or a device compliance audit because each one has different levels?

Maybe as you answer that question there was a Senator who asked whether you penetrated the system, so that you extract the required information to complete this report.

You cannot do an entire audit within a day. Our letter was very clear that we target our exercise in answering the five questions. We targeted our efforts towards what activities that will give us the response to those Clerk’s questions as directed to our CEO.

Did you do a search on all these IP addresses to tell the Senators that they are not located, for example, in Nyahururu, Bomet, Nairobi or Embu?

Madam Temporary Speaker, we did what the letter requested us to do, which was to conduct an assessment that would respond to the questions that has been asked.

My last question. There is a live question which the Senators want an answer from you. The evidence was given that a computer was used at the County Assembly to vote for three MCAs.

Did you go to Kericho or was the computer given to you for you to ascertain the IP address or MAC address in that computer to give to these Senators to clear any doubt in their minds on the verifiability, authenticity and security of this system?

Did you do a search on all these IP addresses to tell the Senators that they are not located, for example, in Nyahururu, Bomet, Nairobi or Embu?

Madam Temporary Speaker, we did what the letter requested us to do, which was to conduct an assessment that would respond to the questions that has been asked.

My last question. There is a live question which the Senators want an answer from you. The evidence was given that a computer was used at the County Assembly to vote for three MCAs.

Did you go to Kericho or was the computer given to you for you to ascertain the IP address or MAC address in that computer to give to these Senators to clear any doubt in their minds on the verifiability, authenticity and security of this system?

What was the IP address for the lap which the MCAs say they used. Can you tell the Senators with a substantial measure of assurance that, “I as the expert, this is the IP address or MAC address of this computer,” so that we clear doubt?

I do not think that was part of the request in this letter.

Madam Temporary Speaker, my time is up.

The question is now answered. Proceed, Sen. Sifuna.

Madam Temporary Speaker, I am a bit confused by the line of questioning that has been taken by Counsel for the Governor. This is because your directive was that all these parties be present during that exercise.

When I look at the report, there is a part for people who were present to indicate. Mr. Evanson Kirui, Counsel for Governor did not sign.

The question to you witness is: Was he there? This gentleman, called Weldon Kipyegon Langat, was he there? To the counsel for the Governor, these things you are asking, did you ask him to do them there when you were there and what did he do? Why would you refuse to sign that you were present? Those are the questions I want addressed.

Sen. Sifuna, before those questions are tackled, you could resume your seat. Let us take a direction on how the Senators will now engage with that report and the witness. Those questions will be tackled in that session because that is not an intervention on procedure. It is the actual content and questions for the witness.

Hon. Senators, we have about 15 Senators who would like to ask questions and we must limit the time within which this is done. We will have to agree that every Senator should just ask one question if we are to cover all. If we allow two questions, then we will have less Senators requesting for intervention. So, we do one question per Senator. Is that agreeable? We need consensus.

Yes.

Okay. So, one question.

Thank you, Madam Temporary Speaker. A witness from the MCA---

Yes.

Okay. So, one question.

Thank you, Madam Temporary Speaker. A witness from the MCA---

Thank you, Madam Temporary Speaker. I have to declare that the witness is my student in my other life and he is competent enough, but I want to ask one question. Philip, look at me in the eye. Are you the one who did this report? I just want that answer, yes or no. From my teaching, this report would have been done better than this.

Sen. Danson Mungatana. Is he there? No.

Sen. Oketch Gicheru.

I know this question might have come from the counsel side, but I am going to ask it for my own consumption. Did everybody vote on the day of the voting, or otherwise, to your best knowledge? If that happened, were there people who abstained in the system, or people who voted otherwise, no? Did everybody vote yes in the system that you audited?

Sen. Joe Nyutu. That is the last one, then we will have answers.

Thank you, Hon. Temporary Speaker. The matter before us and why the ICT expert had to come, is because the Governor’s side has argued that there are some MCAs who voted for others. Therefore, it is very important for the ICT expert to tell us. This MAC address is very important because the IP address, as he has explained to us, was the ID number. If somebody here wants, for example, to know my ID number, they will know it so that they can vote for me, if the only leeway to get into the system is my ID number. If the only leeway to get into the system is my ID number, it is known. It is in the office. So, this MAC address was going to be very important.

Madam Temporary Speaker, the ICT expert should tell us about the address where the gadgets that voted were.

Time up. Witness, please, respond to those questions first before we take the next segment of questions.

Yes, I will go by the order in which they were presented. The first question was if the opposing side had their team members present. That is in affirmative. Yes, they were present. The second question was, there is an MCA who alleges that nine persons voted repetitively using IP 41 something. I think---

You had more questions from Sen. Sifuna. They were about three.

Well, I captured the aspect of the team’s availability. Yes, they were available and they opted not to sign the report. When we were extracting the logs, we even had concurrence on this report at some point until they decided not to sign it. I hope that answers your question, Mheshimiwa.

Yes, I will go by the order in which they were presented. The first question was if the opposing side had their team members present. That is in affirmative. Yes, they were present. The second question was, there is an MCA who alleges that nine persons voted repetitively using IP 41 something. I think---

You had more questions from Sen. Sifuna. They were about three.

Well, I captured the aspect of the team’s availability. Yes, they were available and they opted not to sign the report. When we were extracting the logs, we even had concurrence on this report at some point until they decided not to sign it. I hope that answers your question, Mheshimiwa.

Proceed, Sen. Seki.

Madam Temporary Speaker, I had the same question. I wanted to know if somebody has the username and password. We heard from one of the MCAs by the name Birir saying that his phone is not internet-enabled, but someone else works using another phone. Possibly, he forwarded the password and the username. Could someone else have logged in or voted using another phone? That is what I wanted to know.

Senate Majority Leader, what do you request?

Madam Temporary Speaker, I beg your indulgence that you allow me slightly more than a minute because this is the only chance that the people whose county is contesting this matter have to speak in this House.

I have questions to this expert. My first question is this; did the expert really appreciate the assignment that is before them? If they did, because this is in the interest of

Madam Temporary Speaker, I had the same question. I wanted to know if somebody has the username and password. We heard from one of the MCAs by the name Birir saying that his phone is not internet-enabled, but someone else works using another phone. Possibly, he forwarded the password and the username. Could someone else have logged in or voted using another phone? That is what I wanted to know.

Senate Majority Leader, you know our Standing Orders are very clear.

Okay, two more minutes.

establishing the truth, I want him to account to the report that he has brought before this House, particularly Annex 3. That is page 17 of your report.

Mr. Speaker, Sir, I want to take the witness back to the question that Sen. Wambua asked. Go back to page five and that is Question No.3.

The question you were asked is this: Was it possible for any MCA or any other person who had a link to vote on the Motion on behalf of any other MCA? You have said “no”, then you qualified by saying that you need to have both the username, that is the IPPD, and the password which is the ID number.

What you may not know is that when presentations were being done yesterday, we were informed that these names and numbers were freely given to everybody in the Assembly. In other words, the private ID numbers and whatever that was being provided for had already been circulated.

Proceed, Sen. Wakoli.

Thank you, speaker. My questions are as follows---

Only one question, hon. Senator.

Did you ascertain? The link that the MCAs received on their phones was the same one that was used to vote, and you can justify the process.

Sen. Kavindu Muthama, you may proceed.

Only one question, hon. Senator.

Did you ascertain? The link that the MCAs received on their phones was the same one that was used to vote, and you can justify the process.

Sen. Kavindu Muthama, you may proceed.

Sen. Omogeni, you may proceed.

Thank you Mr. Speaker, Sir. There is a question that is troubling us and we want to be sure from your evidence, this evening, if somebody has a link and he has a username and a password, can that person vote for another person?

Did you get me? You have got the link, you have the username and you have the password. Can you vote for another person using any gadget?

Okay. Proceed to respond to those, then I will have another set for you.

Please, proceed.

Thank you, Mr. Speaker, Sir. The first question was asking whether as an admin, you could vote for an MCA. The answer to that is no. If you have logged in as admin, you need to log in to the system as a registered user who needs to cast their vote, because from the logs, each of the MCAs who voted had a unique number that enabled them to cast a vote.

The second question is whether any other person can vote for the MCA with the username and password. As I have clearly indicated, that is possible only if you have the MCA’s IPPD number and the password, which is the ID number. The same answers the last question that was asked by the senator who just took his seat.

There was the issue of certainty based on page 17. Ideally, what we are trying to do here is to provide a correlation. The system has two modules. There is the system security events module and there is the voters module.

So, to address issues of source IP, as had been earlier questioned by the other counsel, we managed to actually map each of the votes cast with the IP, because this was an aspect of contestation that the logs that we have do not have IP addresses. However, from the annex that we have provided here on the voting module and the system events, you can be able to correlate this based on the unique user ID and the timestamp under

Thank you Mr. Speaker, Sir. There is a question that is troubling us and we want to be sure from your evidence, this evening, if somebody has a link and he has a username and a password, can that person vote for another person?

Did you get me? You have got the link, you have the username and you have the password. Can you vote for another person using any gadget?

Okay. Proceed to respond to those, then I will have another set for you.

Please, proceed.

Thank you, Mr. Speaker, Sir. The first question was asking whether as an admin, you could vote for an MCA. The answer to that is no. If you have logged in as admin, you need to log in to the system as a registered user who needs to cast their vote, because from the logs, each of the MCAs who voted had a unique number that enabled them to cast a vote.

The second question is whether any other person can vote for the MCA with the username and password. As I have clearly indicated, that is possible only if you have the MCA’s IPPD number and the password, which is the ID number. The same answers the last question that was asked by the senator who just took his seat.

There was the issue of certainty based on page 17. Ideally, what we are trying to do here is to provide a correlation. The system has two modules. There is the system security events module and there is the voters module.

So, to address issues of source IP, as had been earlier questioned by the other counsel, we managed to actually map each of the votes cast with the IP, because this was an aspect of contestation that the logs that we have do not have IP addresses. However, from the annex that we have provided here on the voting module and the system events, you can be able to correlate this based on the unique user ID and the timestamp under

Okay.

Mr. Speaker, Sir, you understood where I was. You are not aware that we had been informed yesterday morning that all the MCAs and the other Members were given the IPPD and ID numbers of their colleagues. If that is the case, is it true or do you then think it is possible that somebody could have voted for somebody else?

Mr. Speaker, Sir, with that information where you have user's ID and user's password, it is possible for you to vote on behalf of another person.

Sen. Cherarkey.

Mr. Witness, I have looked at annex three on page 17 and your response. So, in this, you can confirm that the 33 MCAs voted in the affirmative of the Motion. Is it true? Was the system compromised as per your understanding in your expertise?

I thank you.

Sen. Boy.

Sen. Cherarkey.

Mr. Witness, I have looked at annex three on page 17 and your response. So, in this, you can confirm that the 33 MCAs voted in the affirmative of the Motion. Is it true? Was the system compromised as per your understanding in your expertise?

I thank you.

Sen. Boy.

Thank you, Mr. Speaker, Sir. I want to refer the expert to page five, IV. There is a statement there where he says towards the end of IV, that there is no evidence of multiple voting, neither is there evidence of other compromise of the voting system and or any impropriety in the voting system and process.

That statement in view of even the questions you had now, and then the information we now got that there was a static IP address inside the Chamber. There was evidence of somebody saying that he was going to vote for somebody else. Do you not think this statement was a bit too much? Was it a bit too wide? This statement is saying this system is totally fine.

Sen. (Prof.) Tom Ojienda.

Mr. Witness, to the point, at page 14 of that 22, you confirmed that there were no abstentions, 33 votes to the affirmative. Yet, if you look at the logins running from page 17 to the end, there are many failed logins. Would you verify whether the logins were by the MCAs who were voting?

Number two, was it a concern to you that all the votes were yes and there was no person voting in the negative? Lastly, is this an agreed report? This is because I can see the Governor's team did not sign. Only the Assembly team signed. All the others who signed are from Senate. Is this a report? Lastly, do you have superior qualifications to these other people?

Sen. Wamatinga.

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity. Mr. Witness, is it your evidence that indeed, and I want to refer you to page 16 of your document, and specifically bullet three, voting process integrity. Is it your evidence that despite the fact that we have been informed that credentials of logging were shared, that then the integrity and privacy of the voting was guaranteed? Then, in bullet number five or six, you said user training and awareness. Evidence provided in this testimony provided in this House states that there was no training. Is it then your testimony that that training was done?

Then the last question was, did you get to see the source code and see whether there was a limitation of the number of people who could vote in a certain string? Was the system in the source code, if you inspected it, geo-fenced or was it accessible from any part globally?

Sen. Crystal Asige.

Thank you very much, Mr. Speaker, Sir. To the witness, you have clarified that there were about nine IP addresses that were identical. Can you also

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity. Mr. Witness, is it your evidence that indeed, and I want to refer you to page 16 of your document, and specifically bullet three, voting process integrity. Is it your evidence that despite the fact that we have been informed that credentials of logging were shared, that then the integrity and privacy of the voting was guaranteed? Then, in bullet number five or six, you said user training and awareness. Evidence provided in this testimony provided in this House states that there was no training. Is it then your testimony that that training was done?

Then the last question was, did you get to see the source code and see whether there was a limitation of the number of people who could vote in a certain string? Was the system in the source code, if you inspected it, geo-fenced or was it accessible from any part globally?

Sen. Crystal Asige.

Thank you very much, Mr. Speaker, Sir. To the witness, you have clarified that there were about nine IP addresses that were identical. Can you also

Sen. Eddy Oketch.

I already asked my question.

Then log out, hon. Senator. Sen. Mo Fire.

Thank you, Mr. Speaker, Sir. My question is to the expert. As an IT expert and based on your audit, do you have confidence in the credibility and the accuracy of the results related to the voting system? At the same time, what could be the reason why we have nine similar IP addresses and the others are different, assuming they were all using one WIFI?

Proceed, hon. Senator.

My question to the IT expert is, now that on page five No. (iii) of your report, you had mentioned that it is not possible for any MCA to vote for another Member, but again you are also saying that it is possible if they have their IPPD usernames and ID numbers.

Does it mean that you are not sure of the report that you made? Also, does that mean that you cannot assure us that this system is secure?

Sen. Peris Tobiko?

Mr. Speaker, Sir, I thank you. Mr. witness, being the expert that you are, if you were the one setting up this system, are there other safeguards you would have put in place to secure the system and make it fool proof and would you have done it differently?

Sen. Shakila Abdalla.

Thank you, Mr. Speaker, Sir. My question, since it has been established that it is possible to vote for others, is it possible then to establish the gadgets which were used because all phones are registered under certain names? If I use my phone to vote for Fatuma, it will show that it is my phone which was used. Is there a way to know that it is my phone used to vote for someone else?

Sen. Okenyuri?

Thank you, Mr. Speaker, Sir. I would also wish to know on how long the system was open to allow Members to vote. How do we know if the nine people who were voting was one person who voted nine times?

Sen. Olekina.

Thank you, Mr. Speaker, Sir. I would like to refer the witness back to the report. I also note that on No.9, the following persons were in attendance-

Mr. Philip Irode, Mr. John Mukeire, the Office of the Governor, the Counsel, an ICT advisor from Mr. Weldon Langat, including the County Assembly, Alfred Korir

Thank you, Mr. Speaker, Sir. I would also wish to know on how long the system was open to allow Members to vote. How do we know if the nine people who were voting was one person who voted nine times?

Sen. Olekina.

Thank you, Mr. Speaker, Sir. I would like to refer the witness back to the report. I also note that on No.9, the following persons were in attendance-

Mr. Philip Irode, Mr. John Mukeire, the Office of the Governor, the Counsel, an ICT advisor from Mr. Weldon Langat, including the County Assembly, Alfred Korir

Thank you, Hon. Speaker. My question is on the last terms of reference for Philip. You were asked if there was any evidence of multiple voting or compromise.

Did you make use of these particular terms of reference to check if the system can be penetrated by hackers from outside? Did you attempt to penetrate the system, so that for our comfort we know the system is secure?

Thank you, Mr. Speaker, Sir. Mr. Witness, as an IT expert, whichever way this matter goes, would you recommend the Kericho County Assembly or any County Assembly to continue using this system?

Mr. Witness, you said that you received a letter from Senate in order for your Authority to be able to undertake this process. To who specifically was the letter addressed? I just need to understand the two hours that the Counsel talked about.

Secondly, did this report that you have tabled need any consensus for it to be valid?

Number three, do you think that this system for Kericho County is valid that from your own expertise you would recommend that they continue using it?

Asante Bw. Spika. Ningetaka bwana Mkurugenzi atuelezee kulinga na MCAs kuna mahali wanasema walitumia dakika tano wakaongezea dakika zingine mpaka zikawa dakika kumi na moja.

Hapa Seneti, wakati wa kupiga kura, Spika hutwambia tutoe kadi, tuingize na kupiga kura. Ikiwa hujaweza kupiga kura, huwa inapotea. Huu mtambo wa Kericho kwani una tofauti na ingine kama si kuwa umeingiliwa?

Mr. Speaker, Sir, I cannot see. Let me wear my glasses.

Are you reading somewhere?

No.

Then speak. We need you mouth; not your eyes.

Mr. Speaker, Sir, I was looking at the numbers in the report. Let me wear my glasses. Glasi zangu zimeenda wapi?

No.

Then speak. We need you mouth; not your eyes.

Mr. Speaker, Sir, I was looking at the numbers in the report. Let me wear my glasses. Glasi zangu zimeenda wapi?

The first question was if we can be able to clarify that the 33 MCAs were able to vote within the system. Of course, our response to that, based on the finding, is yes, 33 MCAs did vote.

We have provided evidence for that, as per the logs provided within the system. The other question, which has been repeated several times is whether, if you have the link, the password and the username, you can be able to vote. We have confirmed that yes, you can be able to vote for one another. However, the link was being sent to an individual user, MCA. Therefore, once you receive your link, you are able to vote, if you only have your username and your password.

The other question was if the system is okay, based on question five. The question which was directed to us, as the ICT Authority to respond was if there is any evidence of multiple or compromise of the voting system and or any impropriety in the voting system or process. I want us to underline the word evidence. Our field is based on evidence.

I have to be able to provide evidence. The evidence that I collected is based on the logs, that the system has no evidence of multiple voting. It has no evidence of compromise or any other impropriety of the voting system. That is what we responded to, based on evidence.

A Senator asked about failed logins. From the logins, you can tell that the system is secure because if you do not have your username and password, it does not let you get through. You need to have your appropriate username and password for you to log in. From the extracted logs that we have, we had been able to see a number of attempted multiple logins yesterday, which never went through.

The other question was on shared credentials. As I have said, from a practitioner's perspective, we are all taught that your username and password is personal information that you should not be able to share. As Senators, we are aware of the Data Protection Act, which specifically guides that username and password or perhaps an ID is personal identifiable information, therefore, data that is personal.

If it was a practice within the county to share username and password, it is a wrong practice. However, from the evidence - and I still insist from the evidence that we collected - we were not able to ascertain that level of practice.

There is a question on training, source code. I respond to this by saying that within the time limit provided, we were here at 2.00 p.m. and we were meant to provide a report at 6.00 p.m. I have said that we zeroed our response towards answering the five questions that were posed to the ICT Authority Chief Executive Officer (CEO) . This meant that we looked into the system, the exposed interface of the system, the voters’

Thank you, Mr. Speaker, Sir. I will try and answer them in the order that they came through. I have quite a number of them. The first one was a clarification if at all 33 Members of the County Assembly (MCAs) voted. Our response to that question is yes, it is an affirmative.

Power his microphone and put it closer to his mouth, please.

are moving within the base stations, each base station has an IP address. So, when you are within the precincts of a base station, you will definitely have one IP address if you are on the same ISP provider.

The other question was whether we can ascertain that the system has been secured. As I have said, yes. We have done a scan using our in-house tools provided by the ICT Authority and we can now verify that the system is secure, as has been demonstrated by the logs that are part of our annexes to this House.

Thank you, Mr. Speaker, Sir.

module and the hosting architecture of the system to be able to gather enough evidence to respond to those questions.

The issue of geo-fencing is an architectural issue that perhaps requires additional time for you to be able to ascertain whether the code has included aspects of geo-fencing.

There is also a repeated issue about the nine IP addresses. As I earlier responded, these IP addresses are ideally a gateway for the County Assembly's Local Area Network (LAN) or Wi-Fi, if that is what the MCAs use as an internet gateway.

There was an issue about Mr. Trump and the challenges associated with voting. As a good practice, ideally, as I had said from a practical, which is Information Technology General Controls (ITGC), users are meant to be trained. We received an affirmative Excel sheet that indicated that this had been done at the County.

The other question was whether we report the system IP address. I think we have clarified that in our report. That the system is hosted off-premise means that, not within the premises of the County. The system is hosted out of the country, which is a host pinnacle. We have provided the published Uniform Resource Locator (URL) in our report, which is on page four.

We were also asked to confirm whether the system is secure. I want to confirm that we did an internal scan within the system, basically, which is some sort of vulnerability pen test within the system. I can confirm within this setting that the system, as it is, is secure and that was actually demonstrated by the logs that we printed which indicated a quite considerable number of failed attempt logins.

The other question was, if you were to be the one setting up the system, what would you do? As a practitioner, there are guidelines and frameworks that we define that guide us on how best to set up the system. We are guided by, of course, governance practices, the system value, the proposition, the return to the users, as well as good practice around security, resilience and, of course, data privacy. I would make sure that all those aspects are built within the system, which is ideally what we were looking into when we reviewed the system.

The other question was in regards to the MCA's phone devices, IP addresses. As I had said earlier, if the MCAs were using the system with their devices and using the local gateway, which is the Wi-Fi, they would all resolve to one IP, which is the outward- facing IP, which is ideally what some of the Fenets have addressed. When we looked at these IPs, they are actually local ISP service providers, including our Safaricom, Airtel and the like.

There is the question that was asked about whether you can allow members to vote. I think I have indicated that you can only vote if you have the URL and once you vote, the URL deactivates. So you cannot cast your vote twice.

There was the question of whether this exercise was a joint exercise. I think I want to answer that this is our report, and my colleague, my senior information security analyst, Joanne. We sat here yesterday from around 4.00 p.m. to late in the night preparing this report. I think it is our responsibility to sign the report. Any other person had no obligation to sign it. They could sign if they so wished. Otherwise, it was our report, which we were presenting to the Clerk's office.

There is a question that has been asked whether IP 154.159.237.217 appears three times. It is the same scenario. The architecture of mobile devices is such that when you

I will also allow Sen. Omtatah, who has difficulty with his card. You may now proceed. Sen. Lemaletian, you had an opportunity.

Sen. Omtatah, proceed.

Thank you, Mr. Speaker, Sir. We are having the expert of experts before us. The ICT Authority of the Republic should be the expert of experts. Listening to him, it is as if he is walking away from this report.

If he did not have adequate resources, for example, in answer number four, you put the word “NO” in capitals, yet you qualified it by saying you did not have enough staff to give us a credible answer.

As you know, if you looked at what the County Assembly presented, there was no audit trail in those logs. I appreciate that you had a very short time, and you have presented your issues here. I am struggling with the evidential value of this report---

Give the Senator half a minute.

Of what value is this report? And number two, for lawfulness, we are told about the “.go.ke” and the “.co.ke” as the regulators of the system. Can a county government be allowed to run a system on an open server or a private host, or must this be on a Government host? It came up during submissions.

Thank you. Sen. Lemaletian, you are saying your question has not been addressed? Can you repeat it?

Yes, Mr. Speaker, Sir. The question has not been answered because I asked how it was possible that three MCAs voted using the same IP address and he said that if one person is using their phone and moving around the vicinity into different locations, they would use the same IP address. But this is three different MCAs from the code of the MCA.

Thank you, Mr. Speaker, Sir.

Okay, you have five minutes to conclude, witness.

Thank you. Sen. Lemaletian, you are saying your question has not been addressed? Can you repeat it?

Yes, Mr. Speaker, Sir. The question has not been answered because I asked how it was possible that three MCAs voted using the same IP address and he said that if one person is using their phone and moving around the vicinity into different locations, they would use the same IP address. But this is three different MCAs from the code of the MCA.

Thank you, Mr. Speaker, Sir.

Okay, you have five minutes to conclude, witness.

Just be very specific. Respond to the question by Sen. Crystal, so that we end it there.

Yes. The question asked by hon. Senator is, are we able to ascertain with certainty, MAC addresses? I still echo my earlier sentiments that MAC addresses are unique to devices and MAC addresses are mapped to IP addresses. You need to have IP addresses for you to access an external facing application. Based on the configuration of the system, within the logs configuration, the logs have provided an IP address which correspond to a unique Mac address. However, within the logs within that voting system, Mac addresses are not configured as audit details to be collected.

So, you are not able to geographically place them?

You can, using your IP and ideally, this is where the confusion between an IP and a Mac address comes in. A MAC address does not give you an IP location, but an IP address gives you an IP location. That is why we have used the IP addresses to confirm that these IP addresses were within the geographical location of the County Assembly because these are base station IPs that---

Order Senators! Let the witness respond. Witness, please conclude.

Mr. Speaker, Sir, like I said, IP addresses give you geo- location. However, MAC addresses do not give you geo-location. Based on the architecture of some of the systems we have, we only collect the outward-facing IP addresses. This basically means that the system is exposed to users from outside. So, you do not expose your internal, but your outside IPs.

The IPs that we have identified here are Internet Service Providers (ISPs) belong to local ISPs. As we have indicated, we have Safaricom, Airtel and any other ISP within that geolocation.

Depending on if the system you are using is a web-based system that has to be accessed online and the way the network has been---

There is a principle called Network Address Translation (NAT) . You assign a system an internal IP then you assign your gateway. For example, the gateway is this door. You configure the system such that any request from outside has to pass through this door and go to port so and so.

That basically means when you are coming in, you will have this door as the log, which indicates that you have actually accessed the system, then you will go and sit at a certain place. That is basically assigning an IP and a service to a system. Therefore, we will all have the same IP if it is an external-facing application that has to resolve using an external-facing IP address.

Have a seat, Mr. Witness.

Hon. Senators, having heard the expert, we will now proceed to the closing statements. We will start with the County Assembly. You have 60 minutes to do so. You may utilise all or part of it, but the maximum is 60 minutes. Likewise, the Counsel for Governor, you will have 60 to also make your closing statement.

You may proceed. Your time starts running from now.

Assuming Senators vote the way Kericho County Assembly did and they are all seated inside the Chamber here, they will still have different IP addresses? They are all seated here voting the Kericho way, will they have different IP addresses?

Depending on if the system you are using is a web-based system that has to be accessed online and the way the network has been---

There is a principle called Network Address Translation (NAT) . You assign a system an internal IP then you assign your gateway. For example, the gateway is this door. You configure the system such that any request from outside has to pass through this door and go to port so and so.

That basically means when you are coming in, you will have this door as the log, which indicates that you have actually accessed the system, then you will go and sit at a certain place. That is basically assigning an IP and a service to a system. Therefore, we will all have the same IP if it is an external-facing application that has to resolve using an external-facing IP address.

Mr. Speaker, Sir, and hon. Senators, exactly 15 years ago, Kenya embarked on a transformative journey in its adoption of a devolved system of governance. This was an answer to an enduring desire by many a Kenyan who earnestly yearned for public services closer to them.

Indeed, devolution has been mooted as the genius of the 2010 Constitution as it marked a complete departure from the previous that had been characterized by marginalisation, mismanagement of resources, runaway corruption, amongst other challenges. The term of the present Governor, that is the Governor that is on trial today, has marked a silent retreat to that dark past.

County governments hold the key to effective service delivery. The expectation of the people is that county governance would enhance efficiency to their benefit, and not for the self-aggrandizement of the Governor.

As the County Assembly has demonstrated, the Governor's debut in office was marked by the invasion of a private citizen's property, the tearing down of a fence and its designation as a dump site illegally. You will recall that when video number KCV 11 was played, the video was taken barely two days after the Governor was sworn into office and that is the first thing that he did in announcing that there was a new sheriff in town.

The facts of the matter before you and the evidence that the County Assembly has led disclose a sorry tale of maladministration and a failure of moral courage. To paraphrase William Shakespeare, something is wrong in Kericho.

It is our submission that the County Assembly of Kericho has made an overwhelming case of bad behavior on the part of the Governor, a classic betrayal of the trust bestowed on the Governor by the residents of Kericho County.

The question we pose is whether bad behavior should attract any consequences and the answer to that is in the affirmative. Those who are sent to public office and elect to betray the trust that the people have placed in them, like the Governor on trial today, ought to be impeached.

Impeachment is a constitutional instrument rooted in the Constitution of Kenya Article 181, and is designed to protect the sanctity of public office and the interest of the people. The process before you today is therefore an affirmation of the supremacy of the rule of law and accountability of elected leaders.

Briefly, Article 181(4) sets out the grounds upon which a county governor may be impeached or removed from office. The first one is a gross violation of the Constitution or any other law.

Secondly, there are serious reasons to believe that the Governor has committed a crime under national or international law, abuse of office, physical or mental incapacity to perform the functions of the office. These requirements are mirrored under Section 33 of the County Governments Act, and there is jurisprudence that confirms that the impeachments must be based on evidence presented and not on minor procedural errors or political differences in the county governments.

This is a Sui-juris process, and it is not about the criminality or culpability, but the accountability, political governance, as well as political responsibility of the county Governor. The standard of proof in our humble submission is that it is neither beyond a reasonable doubt nor on a balance of probability; it is slightly above a balance of probability, but below that of reasonable doubt.

At the core of the charges, the Governor on trial is facing is the theft of public funds, resources entrusted to the Governor for the benefit and development of Kericho County and the evidence presented before this House, paints a damning picture of misappropriation of public funds, which have been placed in the hands of the Governor to manage and oversee on behalf of the residents of Kericho County.

Mr. Speaker, Sir, you will recall that on 30th June, 2023, a grisly road accident occurred at the Londiani Junction involving a truck that lost control and rammed into small-scale traders and other road users, claiming the lives of at least 52 citizens. You may also recall that in response, the national Government and the other emergency response teams mobilised resources to help the families of people who had lost their lives and those who had been injured.

The County Assembly of Kericho has led evidence of how the funds meant for the victims of the grisly road accident were misappropriated with the blessings of the Governor, who is on trial today. The County Assembly's witness, Hon. Kiprotich Rogony, and the Mover of the Motion at the County Assembly confirmed this on the witness stand and also by the affidavit evidence that is contained in the County Assembly's bundle of documents.

Mr. Speaker, Sir, Hon. Senators, the evidence demonstrates that on the 15th August, 2023, the Governor of Kericho County compensated the victims of the Londiani accident from the County Emergency Fund to cover up for the funds raised by the public, which had been misappropriated by a committee he had formed to steer the funds drive and without a cogent explanation of how the funds publicly raised for the victims had been expended.

Similarly, the evidence led by the County Assembly is that on the various dates between the 4th July, 2023 and 9th July, 2023, the Governor engaged in acts which grossly violated the provisions of Articles 10, 73 and 75 of the Constitution and Sections 29 and 34 of the Leadership and Integrity Act by overseeing the misappropriation of funds raised for the victims of the accident at Londiani in which over Kshs9 million of publicly raised funds were lost.

Mr. Speaker, Sir, Hon. Senators, I invite all of us present in this Chamber this evening to pose in harsh memory of those who lost their lives in Londiani but whose dignity endures beyond their graves. For what injustice, for what deeper wound would be inflicted on the families of the victims, than to rob them of the meagre allocations from the funds that were raised by members of the public, including some of us present here today. The dead do not protest, but how insensitive would one have to be to trespass where sorrow has already claimed its toll?

Mr. Speaker, Sir, Hon. Senators, the Governor has reneged on his undertaking to implement the report of the County Assembly Ad Hoc Committee on the Londiani Accident and the misappropriation of funds that followed the accident.

There is evidence that the Governor expressly supported a Petition by those implicated in the County Assembly's Ad Hoc Committee and the cases that the County Assembly cited were Kericho ELRC Petition No.E006 of 2023, Dr. Wesley Bohr and five others versus the Governor, Kericho County Government and five others, and Kericho ELRC E014 of 2023, Victor Tum and others versus the Governor, Kericho County Government and others.

Mr. Speaker, Sir, Hon. Senators, the Governor has allowed himself and the County Assembly has led evidence to this effect. The Governor has allowed himself to be a master of doublespeak in grave matters. This has been in violation of Article 73 of the Constitution, which demands that at all times he demonstrates respect to the people and conducts himself in a manner that brings dignity and honour to the office that he holds.

Mr. Speaker, Sir, Hon. Senators, the Governor's response to this allegation is that the lost funds were occasioned by the people other than him. He then tells you that he has no power to take disciplinary action recommended by the County Assembly's Ad Hoc Committee on the misappropriation of the funds meant for the victims of the Londiani accident. Surely, the Governor cannot have the grapes and the wine.

Mr. Speaker, Sir, Hon. Senators, the County Assembly has led evidence of how on 14th February, 2023, the Governor launched an initiative in Kericho called the Kazi Mtaani Initiative. In so doing, he drew public funds without a proper legislative anchor, public participation, prior approval by the County Assembly or the Controler of Budget or the Budget and Appropriations Committee.

Mr. Speaker, Sir, the Hon. Kiprotich Rogony, who testified on behalf of the County Assembly confirmed in his testimony that some contractors engaged by municipalities were not in the list of pre-qualified suppliers and that the companies were paid, yet they were not in the list of pre-qualified suppliers included Citron General Works, Iglaris Company Limited, Edkiche Investments Limited, among others.

Mr. Speaker, Sir, Hon. Senators, evidence has been led to demonstrate that between January, 2025 and July, 2025, the Governor aided, abetted or condoned the fictitious payments for goods or services which were neither delivered nor done. Resultantly, the County Government of Kericho lost approximately Kshs 85,704,522.90 from the payments allegedly made for one, proposed repairs, redecoration and re-roofing works done to council houses at Kipkelion West Sub-County next to the Sub-County Administrator's Office.

Mr. Speaker, Sir, Hon. Senators, you were shown photos of houses at Kipkelion, contained at volume 6A of the County Assembly's bundle of documents for whose repairs, redecoration and re-roofing a sum of Kshs2,999,000 was paid to Dabral Ventures Limited. The report of the county assembly Ad Hoc Committee on Fictitious Payments and the testimony of Hon. Albert Kipkoech confirmed as much.

Mr. Speaker, Sir, Hon. Senators, the County Assembly of Kericho has tabled before the Senate, evidence of local supplies orders that were generated on 20th February, printed on 25th February, 2025 and signed on 21st February, 2025. It was demonstrated that the LSOs were prepared way after the payments had been made and it was shown that the interim payment certificate indicated a sum of Kshs 2,699,100 yet the payment vouchers indicated that the full sum of Kshs2,999,000 was paid.

Mr. Speaker, Sir, no evidence to the contrary has been led by the Governor. Evidence has been led of an event at a place called Chelimo, which though initially scheduled to be a five-day event, ended up being a one-day event, yet requisitions were made for the five days. The County Assembly has demonstrated that contrary to the items listed in the payment voucher, no tea, snacks, buffet lunch or soft drinks were served as alleged in the payment vouchers that were presented. Similarly, there was no public address system with a backup generator or tent that was supplied during the event.

Evidence was led of a local supply order in favour of Denbi Holdings Limited, which reveals that it was issued on 20th February, 2025, more than two months after the actual event and more than three months after the requisition. That evidence has not been controverted and the payments are confirmed by the extracts from the IFMIS which the county assembly has supplied to this honourable House in its bundle of documents.

Mr. Speaker, Sir, Hon. Senators, the County Assembly has led evidence of a company called Mengro Products Limited that was paid a retention sum of Kshs395,028.63 for a project called Whispers-Nyakinywa Road in Kedowa Ward. It has been demonstrated that the road was done in 2018/2019 Financial Year and as per the documentation provided by the county assembly, the Inspection and Acceptance Committee was appointed in September 2024, more than four years later.

Significantly, the County Assembly has produced a staff redeployment memo confirming that the person named as the Secretary to the Inspection and Acceptance Committee, one Lillian Chelagat, was at the time of the report dated 9th September, 2024, not working in the State Department. She had only moved to the Department on 10th January, 2025, way after the alleged inspection had been signed by her.

Mr. Speaker, Sir, Hon. Senators, the County Assembly has led evidence of double payments of retention fees for the same contract. Each of the reports of the Inspection and Acceptance Committee have the same month of September, 2024, and each of those reports have the same observations relating to the status of the project.

That is- “bush clearing, grading and gravelling activities were done to the required specifications, and workmanship was substantially satisfactory.”

This observation has been made in several reports, notwithstanding the nature of the project and the defect liability period. The Assembly has demonstrated that payments for these projects were made on the basis of falsified documents.

It has been demonstrated that some of the goods and services and works were procured without following proper procurement processes. There were no tender opening committees, as required by the Public Procurement and Assets Disposal Act at Section 78, as read together with the Regulations on Public Procurement and Asset Disposal.

Similarly, the County Assembly has led evidence that there were no professional opinions done to the accounting officers, as required by Section 84 of the Public Procurement and Asset Disposal Act 2015.

Mr. Speaker, Sir, evidence has been led to the effect that in the Financial Year 2024/2025, the Department of Agriculture, Livestock and Cooperative Management budgeted a sum of Kshs14,980,640 for the purchase of soya, beans, sunflower seed cake and cotton seed cake to support cooperative societies within the county of Kericho.

Anomalies in the procurement process have been demonstrated, and the Ad Hoc Committee on Fictitious Payments noted that at the time the payments were made, no supplies had been done to the various cooperatives, despite full payments having been made to the suppliers.

Funds allocated for critical services, including healthcare, strategic intervention programmes and infrastructure, have been siphoned for personal enrichment and clandestine interest within the County Government of Kericho.

You have been treated to attempts to deflate the issues on misappropriation of funds, and you have been told that the mover of the Motion is hell-bent on getting the Governor out of office by whatever means. You have also been told, all in an attempt to deflect from the main issues, that the impeachment proceedings are motivated by other interests. Far from it, Mr. Speaker, Sir and Hon. Senators. It is not about who the Governor perceives to be his competitor. It is about accountability, and it is about protecting the resources of the people of Kericho County.

The County Assembly led evidence to demonstrate that the period between 2023 and 2025, the Governor presided over unfair, skewed and nepotic distribution of projects under a programme called the FLLoCA funds. The funds have been utilised in an imprudent manner, and misappropriated.

It has been demonstrated by the County Assembly that the Governor's home ward, namely Chemosot, got projects worth Kshs21,701,590, while many other wards, not only in other sub-counties, but even within Bureti Sub-County, have not received a single project under the fund.

Mr. Speaker, Sir and hon. Senators, the affidavit and the evidence of Hon. Vincent Korir contained in volume three of the County Assembly's bundle of documents at pages 109 to 113 and the video marked as KCAV-5 confirms as much.