Thursday, 28th August, 2025 Special Sitting

Clerk, do we have quorum?

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

Hon. Senators, we now have quorum. We will, therefore, proceed with the afternoon business as contained in the Order Paper.

Clerk, you may proceed to call the first Order.

At the rise of the House, we had Hon. Albert Kipkoech. He had given his evidence, cross-examined and re-examined. It was for

Senators to seek clarifications and many of you had done so. I will pick four more and then we move to the next witness.

Hon. Senators, today we may have to go all the way to midnight if you are to save tomorrow. So, just mentally prepare yourself for the long haul. It will be a long flight today.

Serjeant-at-Arms, you may usher in the witness. (The witness for Kericho County Assembly (Mr. Albert Kipkoech) was ushered into the Chamber) Hon. Albert Kipkoech, I remind you that you are still on oath. I will proceed to call Sen. Enoch to seek his clarification.

Thank you, Mr. Speaker, Sir. Mine is directly to the witness. He has brought before the Senate a number of issues of impropriety allegedly against the Governor. What I want to know from him, so that I make up my mind on how to proceed, is whether the Governor, in his own opinion, is guilty on account of being the head of the County Government of Kericho or he can, in any way, connect the acts of impropriety directly to the Governor.

Mr. Speaker, Sir, I have two clarifications to Mheshimiwa Albert. One, you know very well that the Governor does not sit in procurement processes. So, what is the nexus between what you have tabled before the House and the Governor's role?

Two, looking at page 41 on volume four, I can see there is lunch, tea, and soft drinks. In this Kshs2.985 million and Kshs293,750 has been paid for 25 soft drinks of 500 ml - note Majority Leader, but millitres – so that there is clarity. If you divide that by 25, it shows that one bottle of soft drink was procured at Kshs11,750. What is your opinion? If Kshs200,000 was used to pay for 500 hired plastic chairs, one chair was hired at Kshs400. So, what is your opinion? Also shed light on the issue of tissues and sodas as per voucher No.41.

Mr. Speaker, Sir, finally, do you have any evidence that Leah Chepchirchir, who has signed most of these vouchers, is no longer working within the governance structure of Kericho County?

I yield, Mr. Speaker, Sir.

Mr. Speaker, Sir, there was a very grave allegation that was made by the Governor that the reports of the Ad Hoc Committee, in fact, not just this one, but this report and another report were filed after the impeachment. That there was no opportunity for the Governor to exercise his authority on his officers, so that those mistakes or problems can be resolved.

I would like to ask the Chairperson of this Ad Hoc committee, who is also the witness, to clarify to us when this report was served to the Governor and when he moved the impeachment Motion, so that we are clear that there was no ill motive as alleged by the Governor in his opening statement.

I thank you, Mr. Speaker, Sir. Sen. Maanzo: Thank you, Mr. Speaker, Sir. I would like to ask the witness, in order of things, there are matters which the Senate can settle or oversight and matters

which the County Assembly can oversight. In these particular allegations, did the County Assembly exhaust all its internal mechanisms and did it give the Governor an opportunity to be heard as required by the law before it comes to the Senate?

which the County Assembly can oversight. In these particular allegations, did the County Assembly exhaust all its internal mechanisms and did it give the Governor an opportunity to be heard as required by the law before it comes to the Senate?

Mr. Speaker, Sir, from what has been presented as exhibits, as far as the payments issues are concerned, my concern is to the Governor. What is his take on all these various payments from the different departments that have been queried?

When I listened to the MCA, he stated that they do not do oversight. I would want to understand then, what is their role? This is because when he was asked, if they asked the Governor to appear to explain the fictitious payments that had been done, he seemed not to have authority to summon the Governor. We will also need clarity from the MCA.

Thank you, Mr. Speaker, Sir. Mine is to the Governor, as the CEO of the county. Was he aware that money was paid for renovation of houses, which was not done? This is because we were shown payments that were done, but no work was done.

Asante, Bw. Spika. Hapo awali nilikuwa Mwakilishi wa Wadi. Ningetaka nijue kama kuna usuhuba wowote kati ya Bunge la Kericho na Gavana ama Mawaziri wanaofanya kazi nao? Pili, katika Kamati ya Ukaguzi na Uhasibu katika Bunge la Gatuzi la Kericho kunayo ripoti yeyote ambayo ilitolewa kulingana na matumizi ya pesa ambayo mmeleta mbele yetu leo kama Bunge la Seneti?

Proceed to respond, Hon. Albert.

Asante, Bw. Spika. Hapo awali nilikuwa Mwakilishi wa Wadi. Ningetaka nijue kama kuna usuhuba wowote kati ya Bunge la Kericho na Gavana ama Mawaziri wanaofanya kazi nao? Pili, katika Kamati ya Ukaguzi na Uhasibu katika Bunge la Gatuzi la Kericho kunayo ripoti yeyote ambayo ilitolewa kulingana na matumizi ya pesa ambayo mmeleta mbele yetu leo kama Bunge la Seneti?

Proceed to respond, Hon. Albert.

Second, Sen. Cherarkey has asked if there is a nexus. Allow me to say that it is there. These issues of fictitious payment cannot happen in all the departments without the knowledge of the Governor. Unless there is a very big distance between the Governor and the departments or he has automatically left the county. I want to believe that there is that connection.

On the issue of agriculture, for example, where soya beans were paid to the tune of Kshs15 million, does it mean the Governor would not know that there is a cooperative society expecting Kshs5 million for raw materials? There is that link or maybe the Governor is complicit. He is aware.

Maybe when these things happened, he was protecting it until the other day when our DG whistle-blowed it. Sen. Cherarkey, there is a very good connection between His Excellency the Governor and all the happenings, especially on fictitious payment.

Sen. Cherarkey also mentioned the issue of Denbi Holdings Limited, where there are exorbitant prices. On volume four, page 41, I will confirm to you that when paying for something fictitious, something that you are stealing, wrongs must be there. Maybe they were saying that these things would not be known and the only way to siphon this money was through soft drinks. Unfortunately, when we noticed it, until today, he has not told us the truth whether that soda or soft drink cost Kshs500 or Kshs1,100.

I was elected in 2017. So, I was with Leah Chirchir from 2017 to 2022. When the Governor came in, he brought his people as chief officers. So, I am very much aware that Leah Chirchir was there before. However, she is no longer working there today. The Chief Officer present is Quantity Surveyor (QS) Anderson Terer.

Another question was on reports. It is not the first time that the Kericho County Assembly is responding to or giving His Excellency the Governor, an ad hoc committee report. There was a report that we gave him in 2023. However, he has not acted on that report up to today. There is also another report on Kazi Mtaani that he has not acted on up to today. So, maybe it is unfortunate or kwa bahati mbaya there is this collusion now that the issue of the Ad Hoc Committee on Fictitious Payments is coming in when he is being impeached. However, he has a habit of not responding to reports.

Second, Sen. Cherarkey has asked if there is a nexus. Allow me to say that it is there. These issues of fictitious payment cannot happen in all the departments without the knowledge of the Governor. Unless there is a very big distance between the Governor and the departments or he has automatically left the county. I want to believe that there is that connection.

On the issue of agriculture, for example, where soya beans were paid to the tune of Kshs15 million, does it mean the Governor would not know that there is a cooperative society expecting Kshs5 million for raw materials? There is that link or maybe the Governor is complicit. He is aware.

Maybe when these things happened, he was protecting it until the other day when our DG whistle-blowed it. Sen. Cherarkey, there is a very good connection between His Excellency the Governor and all the happenings, especially on fictitious payment.

Sen. Cherarkey also mentioned the issue of Denbi Holdings Limited, where there are exorbitant prices. On volume four, page 41, I will confirm to you that when paying for something fictitious, something that you are stealing, wrongs must be there. Maybe they were saying that these things would not be known and the only way to siphon this money was through soft drinks. Unfortunately, when we noticed it, until today, he has not told us the truth whether that soda or soft drink cost Kshs500 or Kshs1,100.

I was elected in 2017. So, I was with Leah Chirchir from 2017 to 2022. When the Governor came in, he brought his people as chief officers. So, I am very much aware that Leah Chirchir was there before. However, she is no longer working there today. The Chief Officer present is Quantity Surveyor (QS) Anderson Terer.

Another question was on reports. It is not the first time that the Kericho County Assembly is responding to or giving His Excellency the Governor, an ad hoc committee report. There was a report that we gave him in 2023. However, he has not acted on that report up to today. There is also another report on Kazi Mtaani that he has not acted on up to today. So, maybe it is unfortunate or kwa bahati mbaya there is this collusion now that the issue of the Ad Hoc Committee on Fictitious Payments is coming in when he is being impeached. However, he has a habit of not responding to reports.

Hon. Albert, be specific to the questions raised by Sen. Mungatana. Which came first between the tabling of the impeachment Motion and the transmission of the Ad Hoc Committee report on Fictitious Payments to the Governor?

The transmission. We gave him the report on the 5th August, 2025. The Motion was tabled on 6th August, 2025.

Are you saying that the report was transmitted on 5th and the Motion tabled on the 6th?

Yes, Mr. Speaker, Sir.

Okay, proceed.

Hon. Senators, remember that the only person who prepares a Motion should give us the reason why he decided to use a report on fictitious payments. Maybe that can be answered well when the mover appears here.

It is okay, proceed.

it is an issue of law. Are we allowed to invite the Governor to the County Assembly to answer questions on issues?

I believe that the only way we can invite the Governor to the County Assembly is through an impeachment. That is the reason we invited him on the 15th to answer these issues. Unfortunately, he did not answer on that particular day, especially on Kshs85 million that was siphoned through fictitious payment.

it is an issue of law. Are we allowed to invite the Governor to the County Assembly to answer questions on issues?

I believe that the only way we can invite the Governor to the County Assembly is through an impeachment. That is the reason we invited him on the 15th to answer these issues. Unfortunately, he did not answer on that particular day, especially on Kshs85 million that was siphoned through fictitious payment.

Mheshimiwa, the hon. Senator for Makueni asked the question that having worked so diligently as a County Assembly and unearthed the fictitious payment and compiled a report, was it not prudent on your part to hear the other side through the Governor, so that he could explain exactly what happened and maybe what action he may or may not take?

Yes, we did. We invited the Chief Executive Committee Members (CECMs) headed by the CECM of Finance and his team from Finance. Also, all the Chief Officers from the affected departments. I believe that since he heads the Cabinet, those people responsibly represented him in the Assembly.

Okay, you told me not to answer the issues of terms. However, in a nutshell, I have been here since the inception of devolution. I got an opportunity as nominated, then elected thereafter. So, I have been here for three terms. On the issue of the County Public Accounts Committee (CPAC) , the Assembly responded to these issues of Kshs85 million financial impropriety because the Deputy Governor wrote a letter to the Assembly listing the 46 companies that were affected.

He advised the Assembly to investigate and it is the reason we started with the establishment of a committee to look into these issues. Maybe later on, if all these issues appear in the audit reports, it is when CPAC will look into it. Otherwise, I have finished all the questions, unless there is any that I have forgotten.

Thank you. What is the issue, Sen. Tabitha? I thought it was the issue of oversight and he has responded to it. We will now move to the next witness. We need to make progress on this matter.

Sen. Kavindu, you had an opportunity to ask a question. Okay, before we stand down the witness, take this one last question.

Thank you, Mr. Speaker, Sir. One question to the witness. You say that you have just answered one of the questions and said that you had summoned the CECMs and the COs. I would like to know when this was done because part of the MCA's job is to oversight the Executive. If there were all these irregularities, you would definitely have summoned the CECMs to appear before you, as the County Assembly, to answer questions. Was the report also forwarded to the Governor?

If it is an issue of lands, there is the Committee on Lands and several other committees of the Assembly. This one was an exceptional case because the Deputy Governor wrote a letter to the Assembly, requesting that we investigate this matter, which had 45 companies that were paid in February and March.

Thank you.

If it is an issue of lands, there is the Committee on Lands and several other committees of the Assembly. This one was an exceptional case because the Deputy Governor wrote a letter to the Assembly, requesting that we investigate this matter, which had 45 companies that were paid in February and March.

Thank you.

Hon. Albert, are you, therefore, saying that it is the Governor who requested you to investigate?

The Deputy Governor.

That is the office of the Governor. Is that your testimony?

Since he is the Principal Assistant; it is the office of the Governor.

That requested you to investigate?

Yes.

Thank you. Okay, we will now move to the next witness. We need to make progress on this matter.

Counsel for County Assembly, how many witnesses do you have because between this witness and your last witness, you have only 20 minutes and 32 seconds.

Thank you, Mr. Speaker, Sir. Due to constraint of time, we will be calling our last witness; Mr. Kiprotich Rogony. As we usher him in, his affidavit is to be found at volume two of the County Assembly's documents, pages one to 50.

took the Oath) Thank you, Rogony. Good afternoon to you.

Good afternoon.

Kindly introduce yourself with your full names, what you do for a living and how you are associated with the Motion before this Senate?

Thank you. My name is Hon. Kiprotich Rogony, the MCA representing Sigowet Ward in Sigowet Sub-county, Sigowet/Soin Constituency.

You also confirm that you are the mover of the Motion before Senate today?

Yes.

You prosecuted the same before the County Assembly?

Yes.

Do you also confirm that the Motion met the threshold under Section 33 of the County Governments Act and the Standing Orders of your Assembly?

Yes.

How did it meet the threshold?

When the vote was called, Members voted 33 of the 47. The threshold is 32 MCAs.

So, you confirm that the threshold was met?

Thank you. Due to limitations of time, I will go straight to the issues. You were present before Senate yesterday or rather, you must have watched and you were accused of having called one of the MCAs and bragging that you voted on their behalf. There was an audio that was played to that effect.

Thank you. Due to limitations of time, I will go straight to the issues. You were present before Senate yesterday or rather, you must have watched and you were accused of having called one of the MCAs and bragging that you voted on their behalf. There was an audio that was played to that effect.

I followed the proceedings and there was an audio that was played.

Let me ask the question. Was that you in that audio that made those utterances?

No.

Have you at any given time talked to that MCA making those brags?

I have never spoken to him on the subject matter that was played out in this Senate.

So, you confirm that you did not call the hon. Member making those allegations?

I did not.

As a matter of fact, did you vote for this MCA or any other MCA?

I only voted for myself; I never voted for anybody else.

Are you aware of any instances where one MCA might have voted for another?

It was impossible because from the link, once you vote, it becomes inactive so you cannot vote twice.

Thank you. Indeed, look at volume one of the Governor's documents at page 261. There is a Certificate of Electronic Evidence.

Yes.

Are you at that page?

Yes.

Is the number provided therein your number?

It is incomplete; it is not mine.

It is not your number?

Yes.

For record purposes, kindly tell the Hon. Senators, your number that you ordinarily use and how many numbers you have for that matter.

I only have one number. My number is 0724290295.

Is that the number that appears on that certificate of electronic evidence?

It is not.

I can say that the claims by the MCA are malicious because even from the audio, I could not even identify the person he was talking to. So, I was not the one he was talking to.

I can say that the claims by the MCA are malicious because even from the audio, I could not even identify the person he was talking to. So, I was not the one he was talking to.

Thank you. You have been following proceedings in this impeachment process and most of the grounds have been covered by witnesses who came before you, so I will limit your evidence to the remaining issues.

Let us go to the issue of the Londiani accident and how you allege the Governor of having misappropriated funds that were donated for the victims.

First of all, confirm how many members of the public lost their lives during that unfortunate accident.

From the report of the Ad Hoc Committee, 52 lives were lost.

How many others were injured?

From the report, 77 others were injured.

Were you a member of that committee?

I was not.

Are you familiar with the findings of the report?

I am aware because the report was tabled before the House and I was part of the people who were present.

Thank you. Let us play County Assembly's video, KCAV8.

We can stop there. The Governor is alluding to a committee that is in place. What was the committee he is alluding to and which he is seeking to direct on what to do?

You will recall when there was a whistle blower on the misuse of this Fund, the Speaker formed an ad hoc committee that was led Hon. Moses Rotich, MCA, Tendeno/Sorget. The Governor came up with his own committee. That was the committee he was talking about.

Who are members of that committee?

I cannot recall all their names, but there is also a committee formed by the Governor and the County Commissioner and it was led by the then County Secretary, Dr. Wesley Bor and the County Commissioner being the co-chair.

Who appointed this committee?

The Governor.

It is the same committee that the Governor is seeking to direct on how to use the funds, correct?

Yes.

Would you say that the Governor was in control and in charge of this committee?

He was purely because of the---

Yes or no? Just say he is or he is not?

We have seen the Governor confirming that no money will be paid to any hospital and that the money that was donated was meant for the victims, correct?

We have seen the Governor confirming that no money will be paid to any hospital and that the money that was donated was meant for the victims, correct?

That is true.

What did the committee investigating how these funds were used discover?

The ad hoc committee discovered that there were minutes drawn by the same committee we have talked about, led by Dr. Wesley Bor where the victims were paid slightly below Kshs5 million and the rest of the monies were expended. We will have a list.

Take us specifically to that part of the report.

It is found in my affidavit, page 44.

That is what you said, but we want to look at the report.

Volume two, page 44.

No, we are not looking at your affidavit, Rogony. We want to look at the actual report.

Okay, the report is on page 58 of volume 4B. The committee established the following findings.

That for each victim who was alive, they were paid Kshs60,000. They were 52.

Before we go to the amount paid to the victims, how much was raised in total as per the committee?

A sum of Kshs14 million. Thirteen million was in form of cash and Kshs935,000 in M-Pesa. There was a pay bill.

Was there a specific pay bill or a bank that these funds were taken?

It was a pay bill.

Were these funds supposed to be deposited in any bank account?

There was a Kericho County donation account that was opened. The pay bill number was 8062001, Account title was Londiani Accident Victim Support.

What were the findings of the committee in terms of how the Kshs14 million was spent? Can you take us to the specific page?

It is on page 61. This is how the money was spent. The Ad Hoc Committee found that 48 families had received Kshs90,000, which was Kshs4.3 million. Eight survivors have been compensated Kshs480,000. That makes a total of Kshs4.8 million. There was an expenditure.

Before you go there, let me ask you a question. Other than paying the victims Kshs90,000 each, was the money used in any other way contrary to the Governor’s direction?

Yes.

How was it utilized?

million Super Shine Tents at Rays Hotel, Kshs411,000. We also have Rays Hotel lunch for 100 people; Kshs100,000.

There is PSM, the ward administrators and the rest, printing and refreshments, Kshs423,000. County Commissioner fuel and meal allowance for the team, Kshs300,000. We also have the damaged motorcycles, Kshs300,000. That brings a grand total of Kshs13,547,014. What was left in the account is Kshs112,296. Remember, they had not added what was in the pay bill.

million Super Shine Tents at Rays Hotel, Kshs411,000. We also have Rays Hotel lunch for 100 people; Kshs100,000.

There is PSM, the ward administrators and the rest, printing and refreshments, Kshs423,000. County Commissioner fuel and meal allowance for the team, Kshs300,000. We also have the damaged motorcycles, Kshs300,000. That brings a grand total of Kshs13,547,014. What was left in the account is Kshs112,296. Remember, they had not added what was in the pay bill.

Thank you. What percentage in your assessment went to other expenses other than compensating the victims contrary to the wishes of the donors?

Nearly Kshs10 million went to other expenses out of the Kshs14 million that was raised. That is nearly 60 to 65 per cent.

Let us go to volume 4D of the County Assembly’s documents on page 57. Were you able to corroborate from bank statements that, indeed, the monies were spent in other ways other than compensating the victims? Let us go to page 60 of volume 4D.

That is true.

First of all, confirm in whose name that account is?

Kericho County donation account.

Was that where monies in respect to---

This is where all the monies from the fundraiser were deposited in.

Hon. Senators, volume 4D on page 57. Go to page 60 and look at the last transaction. Tell us the nature of that transaction and whether you know the person who transacted that.

Fernandes Korir, who is a signatory to this account.

What role does he play in the county?

He is the Director of Finance.

Is he the CFO?

He is the Chief Officer Finance (COF) .

How much was withdrawn in cash?

It was Kshs423,000.

Can we go to the second last transaction on the same page?

Super Trips Limited Entertainments.

Was that the same company you had discovered as supplying tests and was supposed be---

Yes, in Londiani stadium.

How much?

It is Kshs2, 945000.

Let us go to page 61, the second from the top.

These are withdrawals.

From who?

By Fernandes K. Korir.

How much?

A sum of Kshs300,000.

This is a withdrawal again from Leornard Otii.

This is a withdrawal again from Leornard Otii.

The amount?

It is Kshs100,000.

Let us go to the fourth transaction on the same sheet.

It is a withdrawal by Leornard Otii, Kshs300,000.

Counsel for the County Assembly, keep your eye on the clock.

Proceed.

Thank you, Mr. Speaker, Sir. Maybe at this juncture, I would request for your indulgence to be just given 10 more minutes to complete with this witness. I will be brief.

You have the 10 minutes.

Thank you. What is the nature of that transaction?

It is a withdrawal of Kshs300,000 by Leornard Otii.

Who is Leornard Otii and what is his designation?

This is a signatory to this account and an employee of the County Government of Kericho.

In what capacity?

He is an accountant.

Are these people who were appointed by the Governor to sit in this committee?

I believe this is part of the team that sat in the committee of the Londiani accident.

At the beginning of your testimony did we see the Governor saying that he would direct the committee on how to utilize the money?

Yes, we did.

Do you then think the Governor as aware or ought to have been aware of the transactions that took place in this account?

This squarely puts the statement of fact to the Governor because he committed that all the money raised was meant for the victims, but up to Kshs9million cannot be accounted for.

Did you have an opportunity to visit Londiani Hospital and any other that these monies are purposed to have been paid to?

The Ad Hoc Committee paid a visit to Londiani Hospital, Kericho Referral and even up to Nakuru where most of those patients were referred.

What was unearthed from their physical interaction with these hospitals?

Most of those hospitals were never paid the amounts that is indicated in the reports to have been paid.

In your assessment, how much money from the donated amounts never found its way to the victims?

It was Kshs9million.

Even after the report has been produced, the Governor has never given any explanation.

Even after the report has been produced, the Governor has never given any explanation.

When was the report produced and forwarded to him?

In August, 2023.

Was this Motion in anticipation of the report or it was the report that came earlier?

It was the report that came earlier. Remember the Motion to impeach the Governor in the previous impeachment that featured as one of the grounds.

What specific recommendation did you send to the Governor in respect of the handling of the Fund?

That the monies that were meant for the victims which the Governor undertook to ensure they got were never paid. We requested the Governor to investigate and ensure that all the monies for the victims and the families that lost their loved ones were paid.

I am made to understand that the specific officials that were highlighted as having misappropriated this Fund subsequently went to court to seek injunctive orders against the implementation of this report. Is that correct?

That is true.

Who were the parties of that case?

It as Dr. Bor, Chief Officer, Betty Chebet and others.

Was the Governor an interested party in that case?

Yes, he was.

Did the Governor swear an affidavit for against that by the CECMs?

He did in support of the officials.

So, he went to court and asked the court not to implement the report?

That is true.

That is captured in an affidavit, correct?

Yes.

Would you then say the Governor has the intention of implementing this report?

He has no intentions of implementing it.

To date, has the Governor given any contrary audit or report of how these funds were used almost two years down the line?

He has never.

What would you say about his conduct then?

He is complicit in the whole set up.

Thank you, Mr. Speaker, Sir. I was looking at the clock. Let us move to the other issue which is Kazi Mtaani. Tell us when a report on that initiative was made by the respective committee.

Hon. Senators, may I refer you to volume 4A of the County Assembly’s documents on page 229 to 355. Proceed Hon. Rogony to the recommendations and findings of the committee and tell us when the report was finalised.

Hon. Senators, may I refer you to volume 4A of the County Assembly’s documents on page 229 to 355. Proceed Hon. Rogony to the recommendations and findings of the committee and tell us when the report was finalised.

We did the report in the month of July and came up with the report in August. The programme started in February. The report is with the Governor because once we do our part as the County Assembly, a copy of the report is sent to the Executive for implementation.

Shockingly, to date, the Governor has never implemented a single recommendation out this report. Remember the County Government of Kericho, through the two municipalities, lost cumulatively Kshs39million.

Have you seen the response of the Governor in respect to that allegation? What has he said about it?

From the replying affidavits in the previous Motion, the Governor alleged the County Government of Kericho did not lose funds through the programme. From the report, we can see there are even companies that were not prequalified, did nothing and were paid without a single document.

I am talking about the LSO because if one is given a job to clean a place in town, they need to have an LSO. Not a single LSO of all the 16 companies, nine for Kericho and six for Litein municipality, were given or supplied with an LSO for them to process payment.

Maybe you may want to take some time and highlight because not all of us are aware of this initiative. What was the nature of the initiative? How would it work? Who were the beneficiaries and who were the participants?

When the Governor launched the initiative on 14th February, 2023, it was meant to give an opportunity to the youth, the women and the marginalised from two municipalities. It was more like offering a job opportunity.

Since there was no policy, the Governor resorted to engaging those contractors who were doing jobs in the Department of Environment under Water because there was not law to support the process.

Are you saying money never got to the intended beneficiaries?

The youth and the women who appeared before the committee during the hearing were complaining because they were never paid.

Initially, these contractors were supposed to pay them either weekly or after 10 days for a period that they signed the contract. Out of this, you can see from the report there is even a contractor who was---

Take us to the specific page where those complaints were raised and their nature.

The report is page 230 of volume 4A.

From my understanding for record purposes, how were the youth of Kericho County supposed to get their cash?

The contractors promised to pay them via M-Pesa each, and they were assigned duties in the various parts of the municipalities.

It was a contractor who contracted the youth directly, but supervised by the municipal manager of that particular municipality.

It was a contractor who contracted the youth directly, but supervised by the municipal manager of that particular municipality.

Proceed and show us the findings of the report

You can see the whole thing is voluminous, but let me just take you to page 252. You can see down there that there was only one director who appeared before the committee and that is 4.6, Director of Glery's Company Limited and Reheza. Again, in this programme, it was so funny that a contractor with two companies was given the job. You can see he explained the number of days he was given from the BQ and the amount in that BQ.

Out of this, the particular contractor was supposed to hire. In the Kericho municipality, they had anticipated to hire 120 youth. In detail, it was 70. However, these numbers ballooned because of the number of contractors who were given the job. Nonetheless, they were supposed to still pay these men, youth, women and the marginalised group.

So, then ultimately, who were the beneficiaries of the funds that were utilised under the Kazi Mtaani Initiative?

These contractors.

Can you confirm that the Kazi Mtaani Initiative was the Governor of Kericho's programme?

It was clearly the Governor's. That is why it is called Equalizer Kazi Mtaani. It is him who launched the programme. From the photos, if we had time, you could see. I want to believe in all the annexures--- You can see the Governor even pushing the wheelbarrow during the launch of the programme in both Kericho and Litein.

Indeed, I am made to understand the Governor's nickname or campaign name is Equaliser. Is that true? You want that to go on record?

That is true.

Thank you. How much, in your estimation or from the reports, was utilised in this initiative?

For the two municipalities, it was Kshs39 million. Kericho being Kshs23 million and the balance being for Bureti, Litein municipality, Kshs16 million.

Mr. Elias Mutuma: Have you seen the response of the Governor and how he has responded to the issue? Has he made any clarification or brought documents to confirm how that initiative was utilised?

First of all, he relied on the affidavits of the former CECM in charge of Lands, one Malel Kipruto. From the information the officers gave him, there were no funds lost. However, in the committee where I sat as a vice-chair, we felt the value for money in this programme could not be realised.

This is one of the grounds that shows the Governor, even two years down the line, has never acted on his report. There are very specific recommendations where a contractor was paid, he never discharged a duty anywhere.

When we gave the recommendations, the Governor has never even communicated back to the committee on the implementation of whether these contractors returned the money. Remember also, there is a contractor who signed for 46 days, but he was paid for 26 days. So, the County Government of Kericho lost that money. We recommended that the contractor be surcharged or he completes the work where he was paid in excess of what he was supposed to. That never happened and the Governor can confirm in his defence.

This is one of the grounds that shows the Governor, even two years down the line, has never acted on his report. There are very specific recommendations where a contractor was paid, he never discharged a duty anywhere.

When we gave the recommendations, the Governor has never even communicated back to the committee on the implementation of whether these contractors returned the money. Remember also, there is a contractor who signed for 46 days, but he was paid for 26 days. So, the County Government of Kericho lost that money. We recommended that the contractor be surcharged or he completes the work where he was paid in excess of what he was supposed to. That never happened and the Governor can confirm in his defence.

Thank you very much. I reserve the remaining minute for my re-exam, if need be.

Counsel for Governor, you may proceed to cross- examine the witness.

Good afternoon Mheshimiwa Rongony.

Good Afternoon, Mr. Katwa.

We are meeting again.

Yes.

Just for the information of the Hon. Senators, you are similarly the person who moved the Motion in September, 2024, is it not?

That is true.

Also, you moved this one?

Yes, I am the mover this time again.

Okay. However, your mission in the Assembly is to remove him, is it not?

Okay. However, your mission in the Assembly is to remove him, is it not?

Not my mission.

When you were elected, you took it that this is the mission, to remove the Governor.

Of course, if this House finds him lying.

Now, on Kazi Mtaani, one of your recommendations was that the EACC to investigate, is it not?

That is true.

You are aware that the Governor instructed these people to hand over all the documents for the EACC investigations?

I am not aware.

You do not know that the EACC is investigating?

That is what you are now raising here.

No. Remember, I sat in this committee.

No. Remember, I sat in this committee.

Okay. Does it reduce your appetite to impeach the Governor or it still remains the same?

Now, we have the officers who were involved.

Okay. This project was under Lands, is it not?

No, the two municipalities, not Lands. We have the municipality of Kericho and Litein. The two are supposed to be very independent.

Under what department in the county government was it falling?

That is the Department of Lands, the mother department.

Who was the CECM when this project was going on?

One Brian Langat.

Could you confirm that Brian Langat is a lawyer?

He is a lawyer.

Could you confirm that you have recruited him in the County Assembly?

He is now our Deputy Director, Legal Services.

Answer my question directly. He is a part of the County Assembly, is it not?

Yes.

He is part of the witnesses in this impeachment of the Governor, is it not?

He is not.

Is he not one of the people who were cited in the county assembly Motion to impeach the Governor?

Not in this programme. Kazi Mtaani is another programme.

No. Just a minute. All I am saying is that Brian Langat is part of this impeachment process. He is one of the resource people you interviewed for purposes of impeaching the Governor in these proceedings before the Senate, is it not?

We interviewed two of the sacked CECMs.

Just answer that. Is Langat one of them?

He is not one of them.

You did not interview him?

Now, he is an employee of the county assembly, unless in the previous Motion.

Okay. Now, as we speak, it is true then that he was the CECM for Lands when you were investigating Kazi Mtaani, is it not?

That is true.

It is also true that the Governor has removed him from employment, is it not?

That is true.

-- Just listen before you answer. I know you want to answer. To what extent can you say he has not done anything, when number one, he has forwarded the files to EACC. Number two, the only thing he could do, being to remove the person who is answerable to him, the CECM he has sacked?

-- Just listen before you answer. I know you want to answer. To what extent can you say he has not done anything, when number one, he has forwarded the files to EACC. Number two, the only thing he could do, being to remove the person who is answerable to him, the CECM he has sacked?

Counsel, that will be hypocritical because one, Wakili Brian Langat was the CECM. We have the CEO still serving and that is the Accounting Officer.

Thank you. So, apart from the CECM, Brian, you also have the CEO and you have the county managers.

Yes, the municipal managers.

Municipal managers, who you are implicating.

Yes.

Now, could you tell the Hon. Senators, are they answerable to the Governor?

Yes, the Governor is the CEO of the county.

Can he sack them?

He can sack the CECMs, even the county chief officers. It is a disciplinary process.

Is it not true that they are answerable to the County Public Service Board (CPSB) ?

In terms of disciplinary action---

Please just answer the question. Who employs them?

The CPSB.

Who disciplines them?

The CPSB.

Who retires them?

The CPSB.

So, what are you trying to say then? Now, you say that some of the contractors were improperly paid and that some youths and women came to complain to you, is it not?

To the committee.

You also saw the list provided to you, is it not??

To the committee.

To the committee. You also saw the list provided in reply to your complaint. A list of youths and women saying they were paid. You saw that in response to the petition?

It is only---

Please, answer the question.

It is only one contractor with a list that shows some M- Pesa transactions, but you cannot confirm whether those monies were channeled to those numbers.

Could I ask the question, please? It is true that the Governor has provided a list of women and youth who were paid in response to your complaint that some youth were not paid. Is it not?

Please, let us not argue. Is it true that you have seen that the Governor has provided a list of the youths---

Please, let us not argue. Is it true that you have seen that the Governor has provided a list of the youths---

It is in the report?

It is there. Okay. Now, these other youths and women that you say have come to complain to you, has any of them, to the best of your knowledge, gone to court to complain about non-payment for what they had given to the county? Is there any case of a complaint that, “I have worked and I have not been paid” filed in court?

They complained before the County Assembly.

I am just asking you, are you aware of any court case?

I am not aware about any court case.

On this Kazi Mtaani?

Yes.

Are you aware of any complaint to the police on this Kazi Mtaani unpaid payments?

I am not aware.

You are not aware. Kazi Mtaani was done which year?

In 2023.

In 2023. So, we have about two financial years between then and now. Is it not?

That is true.

Have you seen that issue of Kazi Mtaani featuring anywhere in the auditor's report because that is an independent entity that would audit? Have you seen that case of Kazi Mtaani?

Are you talking about the Auditor-General's report?

Yes, Auditor- General's report.

It featured in our reports as a---

Please, answer my question. Has it featured in--- You are interested in impeaching the Governor forever. So, I want somebody independent. Has the Auditor-General captured any complaint about Kazi Mtaani losses of money to the best of your knowledge?

Already there is a report on an Ad Hoc Committee of Kazi Mtaani on implementation---

Mheshimiwa, that question is either yes or no.

Are you aware of any Auditor-General's report on that issue?

The PPRA report.

Who has asked you about PPRA? Could you just wait, please? I have asked you about the Auditor-General. Is there any report from Auditor- General to the best of your knowledge?

I need to check.

To the best of your knowledge, Mheshimiwa?

Okay. Not so far.

You are not aware. What of Londiani victims? Are you aware of any Auditor-General's report on that Londiani laws you are claiming?

Please, just answer the question.

Please, just answer the question.

It is not there.

Okay, good. Now, who was the head of the County Government's representation in the Londiani victims’ issue?

Dr. Wesley Bor.

It was Dr. Wesley Bor. As we speak today, where is that Dr. Wesley Bor?

Dr. Wesley Bor exited service in the county government.

He left work. Is it your case still that the Governor has done nothing yet has retired Dr. Wesley Bor?

Dr. Wesley Bor resigned. He was not removed by the Governor.

How do you know that he did not remove him?

It is because---

Okay. So, anyway, an action has been taken, is it not?

It is not the Governor who took the action.

Was he answerable to the Governor?

Yes, he was answerable to the Governor.

Do you know whether the Governor then told him to resign? Do you know that for a fact?

Now---

Do you know or you do not know?

I do not know.

You do not know that. Okay. Now, in your report for Londiani, you also interviewed somebody by the name Edinah Tonui, is it not? Implicated in that report?

It was---

Was Edinah Tonui---

The CEC in charge of Health?

Yes. Was she mentioned in that report as a CEC and you made recommendations about her? Is it not? About the need to discipline her, is it not?

Those who were---

Please, just answer the question. Edinah was mentioned---

She was not part of those who were recommended to be disciplined.

Okay, but she was in health?

Counsel for the Governor, your time is up, unfortunately.

Mr. Speaker, Sir, could I very kindly plead for about 10 minutes?

Very well. Ten minutes to conclude.

Thank you, Mr. Speaker, Sir. Did you mention her in the report?

Thank you. Has she been removed by the Governor?

Thank you. Has she been removed by the Governor?

Yes, of course.

She has been removed. What of Leonard Ng’etich?

He is a former CEC.

Has he been removed by the Governor?

Yes.

You still want the hon. Senators to still hold the Governor as not having taken any action on the Londiani issue? Now, is it true that the people you had mentioned in that report included one, Betsy?

Yes.

Is it true that Betsy filed a suit against you in court on that report?

The Assembly?

Not you?

Okay, I do not know whether I am the Assembly, but---

Okay. Anyway, Hon. Rogony, I am more interested in the fact that it is true that you went to court, is it not?

Together with the other people who were recommended---

Actually, the findings of the report---

Yes, against the findings of the report. A decision was made by the court that the Governor should not take any--- Sorry. That is not correct. My apologies. A decision was made by the court that no action should be taken on that report, is it not?

Yes. The findings.

The findings that no action is to be taken.

Yes.

That notwithstanding, you want hon. Senators to say that the Governor has not done anything, when at most he was respecting a court order?

So, you mean we leave the Kshs9 million without accountability and that was publicly---

No. Your case is not Kshs9 million. Your case is that you have made recommendations around 2023 and the Governor has not done anything. I am telling you, the Governor has removed about four people from employment. When he was to take the next action, a court order was in place.

Removal is not compensation, Katwa.

So, what did you want the Governor to do? You wanted him to remove the money to compensate?

To compensate.

Okay. Now, let us move on. What have you done yourself? You have oversight over resources. Have you gone to court yourselves? Yes?

I do not know whether that is relevant.

Have you gone to court for the recovery of the money yourself, Hon Rogony?

That is what you should be doing. Have you recorded a statement at EACC, which is investigating? Have you recorded that statement?

That is what you should be doing. Have you recorded a statement at EACC, which is investigating? Have you recorded that statement?

Now, who records the statement?

Have you? Have you? Just answer the question, yes or no?

Okay, I have not.

You have not. Have you written to EACC to investigate?

Counsel---

Have you? Out of the report, have you written to EACC to investigate these issues?

The EACC can acquire this information from the Assembly

I am asking you. Hon. Rogony, you are saying the Governor has not taken any action. I am asking you, as the accountable person that you want to say you are, have you written to EACC to investigate this issue if you are as aggrieved as you pretend to be?

Perhaps I will need to---

You need to write?

Mheshimiwa, avoid being dodgy. These are very simple, straightforward questions, so that we save on time.

Mr. Speaker, Sir, it is the Committee on Implementation to follow---

Proceed, Counsel for the Governor.

Thank you. Now, it is true that this issue of Kazi Mtaani and Londiani, were part of the impeachment complaints that you made in September, 2024. Is it not?

That is true, yes

You have brought them back again today.

That is true.

In the next one that you propose to bring, you will bring the same ones, is it not?

At least it has been prosecuted now. Remember, our case was not heard in the last impeachment.

You are saying these Senators did not hear your case?

They did not hear because of the preliminary objection that you brought here.

You are complaining against them?

Mmh. Okay.

We now have 33.

This time round, you did not get until you voted for Kibet, yourself. Hon. Rogony?

I voted once, Counsel.

The voice is exactly this one, Hon. Rogony. How do you explain that?

Counsel, the person who was talking in that clip was a bit drunk. I am not drunk. I do not even drink.

We would like the people of Kericho and people who voted for you to hear you say this. You say you do not drink?

We would like the people of Kericho and people who voted for you to hear you say this. You say you do not drink?

I do not, Counsel.

Completely?

You know, Counsel---

Do you or you do not drink?

Mr. Speaker, Sir---

Now, on the issue of drinking, you have raised---

Let me clarify---

Do you drink or you do not?

I do not drink.

The moment you are an SDA, you do not drink?

You know counsel--- Okay, let us leave that issue because I do not think we want to go there.

You know counsel--- Okay, let us leave that issue because I do not think we want to go there.

Lastly is on the issue of the Londiani accident. I just want to explore this subject on the Londiani accident. Is it true that when you investigated the Londiani matter, you found that the County Commissioner was the Chairperson of the committee?

He was a Co-Chair. Remember the only outsider in that committee was the County Commissioner.

Just stick to the question I am asking you. Was the County Commissioner the Chairperson?

He was a Co-Chair.

Together with?

Who has since left and that is Dr. Bor, is it not so?

Yes.

Okay. Was the Governor a Member of that committee?

He appointed his own members.

Please answer the question. Was he a member?

He appointed his own members.

Please answer the question. Was he a member?

He is the appointing authority.

Mr. Speaker, Sir, I request the witness to answer the question.

He was not a member, but he appointed the members.

You looked at the bank accounts, is it not so?

Yes.

Is he a signatory to any of the bank accounts?

We only have two signatories.

Is he one of the signatories?

He is not one.

He is not. Did you trace any money to him from any of the withdrawals?

Counsel, we heard the Governor speaking.

Please answer the question.

Mheshimiwa, let us make progress. Just respond to the questions as asked.

Thank you very much. Did the Governor ever walk to the bank to withdraw any money?

No.

Thank you very much. That is all, Mr. Speaker, Sir. Mr. Rogony, you are my friend. I hope we will remain friends.

We will still be friends.

Thank you.

Thank you, Mr. Speaker, Sir. Very briefly, Mr. Rogony. To the best of your knowledge, other than the Auditor- General, has any other independent body taken up investigations in respect of the Kazi Mtaani Initiative?

Thank you, Mr. Speaker, Sir. Very briefly, Mr. Rogony. To the best of your knowledge, other than the Auditor- General, has any other independent body taken up investigations in respect of the Kazi Mtaani Initiative?

The Ethics and Anti-Corruption Commission (EACC) and the Public Procurement Regulatory Authority (PPRA) .

We are looking at the letter at page--- What is the page number?

Page 206 of volume four.

Volume four of the County Assembly’s documents?

Yes.

What is the title of that letter from PPRA?

Report of the Ad Hoc Committee on Kazi Mtaani Project Implemented by Litein and Kericho Municipal Boards.

Indeed, PPRA is requesting for documentation that they had earlier requested for in the month of January, correct?

Correct. That was 13th of January.

Is it then correct for the Governor to state that there is no other independent body that has taken up the matter?

It is wrong.

It is not correct?

It is not correct.

Thank you. The Governor has also stated, through counsel, that Dr. Wesley Bor was removed from office by the Governor. Has the Governor produced any document to indicate that, indeed, Dr. Wesley Bor was removed from office by the Governor as a result of your recommendation?

He has produced none.

To the best of your knowledge, what were the circumstances surrounding the exit of Dr. Wesley Bor?

Remember Dr. Wesley Bor was highly mentioned in the Londiani accident and also in the Kazi Mtaani Programme. Hon. Paul Bii, who was the Chairman of the Kazi Mtaani Programme, brought an Impeachment Motion against Wesley Bor. Wesley Bor tendered his resignation upon the signature collection because he was going to be impeached. Since he was part of the cabinet, he resigned.

Thank you. You confirm that it was in the case before court that barred the implementation of the committee that the Governor swore an affidavit asking the court not to allow implementation of the same, correct?

Yes.

Thank you. You have also been told that one of the witnesses who appeared before the Senate, one Edinah Tonui, was the CECM in charge of health at the time. I want you to look at page 82 of volume 4B of the County Assembly’s documents. Kindly tell us who was the CECM in charge of health at the time?

Counsel for the County Assembly, your time is up, unfortunately.

Counsel for the County Assembly, your time is up, unfortunately.

Two minutes, kindly.

Alright, we will give you two minutes to wind up.

Thank you. Who was the CECM in charge of health at the time?

Bill Brenda Bii.

Is Bill Brenda Bii still a CECM?

She is still serving.

Thank you very much. That is all for this witness. Mr. Speaker, Sir, that brings us to the close of the County Assembly’s case, but I will be making a short application after the witness has been interrogated by Senators.

Thank you. Any questions or clarifications from Hon. Senators? Clerk, someone should work on my dashboard because it is blank.

Yes, Senator for Nandi.

Mheshimiwa Rogony, I am told that you are the “Mutuse” of Kericho.

My first question is this: Are you aware of Sections 44 and 45 that both the County Secretary and Chief Officers are appointed by the Governor after competitively being recruited by the CPSB?

Secondly, is the ground on fictitious payments the only one that you want Governor Mutai to go home for? Thirdly, in the Kipsigis culture, what happens to a person who misuses money for the dead?

What do you mean by pastors’ appreciation where Kshs100,000 was paid? Does it mean that prayers are so expensive in Kericho? Out of Kshs14 million, approximately Kshs4 million went to the victims while Kshs10 million went to expenses. Was that justifiable? Finally, what do you want us to do to the Governor?

I thank you, Mr. Speaker, Sir.

Yes, Sen. Essy.

Thank you, Mr. Speaker, Sir. I would like to ask the mover of the Motion the following questions.

Did you interact with the voting system before the impeachment? That is one. Secondly, do you want this Senate to impeach for not implementing a report? Finally, do we have a report from the Office of the Auditor-General?

Proceed, Sen. Faki.

Thank you, Mr. Speaker, Sir. Mine is with regard to the Kazi Mtaani Report.

Is it that the work which was supposed to be done by companies that were prequalified was not done or people who did the work, that is the young people who were hired to do the work, were not paid by the prequalified companies?

Secondly, there are allegations that 18 MCAs never voted for this Motion. What is your response to this?

Proceed, Sen. Keroche Tabitha.

remember Sen. Cherarkey was also there and we contributed. I am happy to see the video clip that played where the Governor went ahead to say that he was going to ensure that hospital bills are cleared.

When you say that, you are talking to Kenya and the whole world. You have said that some of the victims were not paid. Are you saying that some of the victims were not paid?

The Governor said that he was to clear the bills and there were withdrawals. Have you traced to see where that money went or whether it was used to pay hospital bills?

To the Governor, if there are people who were not compensated, it will be good for them to be compensated. Whichever means will be used, it will be good for them to be compensated. I have nothing more to say.

Thank you, Mr. Speaker, Sir.

remember Sen. Cherarkey was also there and we contributed. I am happy to see the video clip that played where the Governor went ahead to say that he was going to ensure that hospital bills are cleared.

When you say that, you are talking to Kenya and the whole world. You have said that some of the victims were not paid. Are you saying that some of the victims were not paid?

The Governor said that he was to clear the bills and there were withdrawals. Have you traced to see where that money went or whether it was used to pay hospital bills?

To the Governor, if there are people who were not compensated, it will be good for them to be compensated. Whichever means will be used, it will be good for them to be compensated. I have nothing more to say.

Thank you, Mr. Speaker, Sir.

Proceed, Sen. Olekina.

Thank you, Mr. Speaker, Sir. My question is direct to the witness, reminding you that you are under oath.

There is a specific question that you asked, whether indeed you voted for a particular MCA, that is issue number one. I want you to be very candid on this matter, because earlier on we were dealing with the issue of the threshold. This is what will determine whether this Governor goes home, ends his career or he stays to serve the people of Kericho.

Can you please reiterate and repeat under oath, whether or not you voted for the nominated MCA, or whether you offered him an incentive to be able to vote, so that you can achieve the threshold.

Thank you, Mr. Speaker, Sir.

Proceed, Sen. Kinyua.

Thank you, Mr. Speaker, Sir. Mine is to the mover of the Motion. In volume 4D, page 60, he was saying that there is somebody called Leonard Otii, who withdrew money in particular terms when he was presenting. I do not see the annexes with the issue that money for Londiani was not reaching the victims.

By virtue of the fact that the same Leonard Otii was withdrawing the same amount of money long before the Londiani accident. For example, if you look page 60, the fourth transaction, it shows he withdrew Kshs99,000. Then on 24th December 2021, he withdrew Kshs259,000 long before the Londiani accident. So, I do not know the nexus, why you are showing us down here how the money was being withdrawn. Showing like those people are corrupt, but they are the same people who have been withdrawing money long before.

Thank you, Mr. Speaker, Sir.

Sen. Mumma.

misappropriation of funds has just happened or it is an issue that happened before this ad hoc report?

If it so has happened, is the Governor accountable or it is only the officers who would have signed directly, the people who would have been on a committee who would be accountable? Can you guide us on the nexus between accountability and the Governor on the issues you have raised?

misappropriation of funds has just happened or it is an issue that happened before this ad hoc report?

If it so has happened, is the Governor accountable or it is only the officers who would have signed directly, the people who would have been on a committee who would be accountable? Can you guide us on the nexus between accountability and the Governor on the issues you have raised?

Sen. Tobiko.

Thank you, Mr. Speaker, Sir. I want to know from the witness, according to you, how many MCAs actually voted for the impeachment Motion that you moved and if there is any other proof you have besides the printout, which is here, which already seems to be in contestation.

Sen. Tabitha Mutinda.

Mheshimiwa, could you clarify before this House, if in any way you either forcefully took any of your colleagues' phones and voted without their consent.

Number two, in regards to this fund for the victims of the Londiani tragedy, what was the total amount contributed in order to assist the victims?

Lastly, on volume 4D from page 60, we have seen the withdrawals by Fernandez Korir on 21st amounting to Kshs423,000. On the same day again, another withdrawal of Kshs300,000. On the same day, another withdrawal by Leonard amounting to Kshs100,000 and another withdrawal by the same Leonard amounting to Kshs300,000. Who are the signatories of this account? As we currently speak, these people are fired.

In your wisdom, do you feel that these people participated in one way or the other by fraudulently or in whichever capacity, withdrew this money for their own personal gain?

Again, on volume 4B, page 83, I have been able to look at the total expenditure, the alluded expenditure as you actually explained earlier, amounting to Kshs13.5 million, but you said before this House that only---

Hon. Senators, you have under two minutes. So, condense your concerns.

Sen. Mariam Sheikh, you may proceed, your time is running.

Thank you, Mr. Speaker, Sir. My question is, Brian Langat was removed from office and later on he was again appointed as a CECM. On that trial, there is an integrity section of the Constitution. Is it allowed that any person who has been removed from office can be reappointed again?

Thank you, Mr. Speaker, Sir.

Sen. Richard Onyonka.

No, sorry, Mr. Speaker, Sir. It is basically on electronic voting. What I want you to clarify, because it is a matter that we have discussed as Members of this sitting; when the voting was done electronically, did you people have a manual system in case the electronic system was going to fail because that is what we do here?

Every time our system will fail, the Speaker would say, “Please, log in.” If it logs in and if it does not, we are then asked to actually walk to the Dispatch Desk and we then register and say I want to vote “Ayes” or “Noes.”

Did you people have such a last line of defense in case the electronic voting did not work because the question that is related to that is, what would have happened if the electronic system did not work?

Thank you, Mr. Speaker, Sir.

No, sorry, Mr. Speaker, Sir. It is basically on electronic voting. What I want you to clarify, because it is a matter that we have discussed as Members of this sitting; when the voting was done electronically, did you people have a manual system in case the electronic system was going to fail because that is what we do here?

Every time our system will fail, the Speaker would say, “Please, log in.” If it logs in and if it does not, we are then asked to actually walk to the Dispatch Desk and we then register and say I want to vote “Ayes” or “Noes.”

Did you people have such a last line of defense in case the electronic voting did not work because the question that is related to that is, what would have happened if the electronic system did not work?

Thank you, Mr. Speaker, Sir.

Sen. Karen Nyamu, you may proceed.

I would like to ask the MCA, before this impeachment Motion, had the Kericho County Assembly ever used electronic voting before? What safeguards are in place to prevent alteration of votes once they have been cast?

On Kazi Mtaani, can you under oath provide any documented instance to show that the Governor personally diverted, interfered with or manipulated the Kazi Mtaani Programme in Kericho County?

Thank you.

Sen. Boni.

Thank you, Mr. Speaker, Sir. The Hon. Member would help a lot. In his opening remarks, the counsel for the County Assembly told us that the Governor is a very bad man. Is it your evidence that he is a bad man? If so, the people of Kakamega are waiting.

In respect to the accident that was at Fort Ternan, Londiani, the people who died were predominantly from Kakamega. In fact, in Mukhuru Village, a family of four was wiped out. So, they would like to hear that the bad man, the Governor, is the one that we are talking about.

More importantly, during your investigation, did you establish whether the purported Kshs90,000 that was supposed to go to victims as compensation was actually received or was it only indicated on paper and the reported “bad man” did not make the actual delivery?

Sen. Mungatana.

Asante, Bw. Spika. Katika hii ripoti ya Londiani, Mheshimiwa ametuambia kulikuwa na wenyekiti wawili: County Commissioner na County Secretary. Lakini katika mazungumzo yake sikusikia hatua gani zimechukuliwa dhidi ya County Commissioner. Kama kuna hatua zimechukuliwa upande huo, lazima upande huu pia. Kwa hivyo, achukue hatua. Ningependa kujua hatua gani mmechukua katika mapendekezo yenu katika ile ripoti ama target ilikuwa moja na ni hiyo pekee.

Asante.

Sen. Mundigi.

vizuri ndio tujue mnasema ukweli, je, mlichunguza kujua kwamba tangazo la contractors na prequalified suppliers wa vitu kuliwa na vijana na walemavu? Wale watu wote mmetaja wamelipwa pesa, wakati mlikuwa mnafanya oversight, mliangalia kama walikuwa prequalified kazi zile kubwa ama walipata kazi namna gani?

Kama system ilitumika kutuma maombi ya zile kazi, kwani sio kila mahali wanatumia mfumo wa kujaza makaratasi, je, mlichunguza kujua kama ilifanywa kwa njia inayofaa? Wakati kazi imetangazwa, wale wanaopeana kazi lazima waangalie mtu wa chini na juu. Je, walijaza hayo makaratasi namna gani ndio ifike hapo na walilipwa vipi?

Asante.

vizuri ndio tujue mnasema ukweli, je, mlichunguza kujua kwamba tangazo la contractors na prequalified suppliers wa vitu kuliwa na vijana na walemavu? Wale watu wote mmetaja wamelipwa pesa, wakati mlikuwa mnafanya oversight, mliangalia kama walikuwa prequalified kazi zile kubwa ama walipata kazi namna gani?

Kama system ilitumika kutuma maombi ya zile kazi, kwani sio kila mahali wanatumia mfumo wa kujaza makaratasi, je, mlichunguza kujua kama ilifanywa kwa njia inayofaa? Wakati kazi imetangazwa, wale wanaopeana kazi lazima waangalie mtu wa chini na juu. Je, walijaza hayo makaratasi namna gani ndio ifike hapo na walilipwa vipi?

Asante.

Sen. Osotsi.

Thank you, Mr. Speaker, Sir. My question to the witness is that the system that was used to do the voting, according to the evidence before us, was developed locally by your people. Is that the case? If that is the case, speaking as an Information Technology (IT) expert, we know that once a system has been developed and installed, there are processes that are done to make the users to be able to use the system well.

What were the circumstances in which the system was installed today and then it was supposed to be used the next day for an important exercise of voting? What are those circumstances? Why was training not done properly before the MCAs could be allowed to use this system, which was developed locally?

Number two, I am sure being an elected MCA, you understand a bit of IT, having gone to school. Do you think it is safe to use the Integrated Payroll and Personnel Database (IPPD) number and a password, which is an Identity Card (ID) number, to log into a system? What would be your basic requirement of a strong IT security environment? Would an ID or an HR number, IPPD, be appropriate to log into such a very high-sensitive system?

Sen. Kisang.

Thank you, Hon. Speaker. I have two issues. First, as a third term MCA, when the last impeachment case failed, I expected you to go back to the county, reconcile with the Governor and work for the people of Kericho County. Did you make an effort, as a senior Member of the Assembly, to sit down and see how you can work for the county with the Governor?

Secondly, I want to find out from the MCA, during the voting day, how many MCAs in total were in the Chamber? From the results that we have seen, it is only 33 that voted. What did the other 14 do? We expected them to be absent, abstain or vote no?

Lastly, if I still have time, if you go to Volume 4A of the County Assembly, you have said the challenges they faced at the committee was limited access to critical information that was required to verify allegations raised in Kazi Mtaani. Who is this person? How come you were not able to access any information on this report on Kazi Mtaani?

Sen. Abass.

accounts and procurement. Even at the time of awarding contracts, there are committees that were formed.

In your investigation of the Ad Hoc Committee, was there anybody who was found to have committed the anomalies that you have now found? That they gave contracts to people who paid them money before coming to the Governor. Was there anybody who has been sacked? Was there anybody that you have recommended and the Governor has failed to sack, or you feel that the Governor is directly capable of doing all the wrongs that have taking place?

accounts and procurement. Even at the time of awarding contracts, there are committees that were formed.

In your investigation of the Ad Hoc Committee, was there anybody who was found to have committed the anomalies that you have now found? That they gave contracts to people who paid them money before coming to the Governor. Was there anybody who has been sacked? Was there anybody that you have recommended and the Governor has failed to sack, or you feel that the Governor is directly capable of doing all the wrongs that have taking place?

Sen. Kavindu Agnes.

Thank you, Mr. Speaker, Sir, for this opportunity. My question is about Kazi Mtaani. You say that there was no law in place, yet the MCAs are the people who should be doing the legislation to put the law in place. That said, I am wondering if you now have a law in place for Kazi Mtaani if it happens to come again.

What about the procurement? Is it the governor who is supposed to procure or the procurement officers? Were the companies which were given the procurement pre- qualified in the county? Were the people who worked paid their monies?

Thank you.

Sen. Wafula.

Thank you, Hon. Speaker for this opportunity. I have clearly listened to our good MCA talk. My question comes here. Did we have any MCA in the steering committee of this arrangement for the burial of these deceased people? How much did MCAs and the County Assembly contribute towards this kitty that you are crying about for the injured and the bereaved? If you went there as mourners, assume you appeared in nowhere, how do mourners start auditing accounts of funds they have not contributed?

Finally, did you expect the governor or any other person to float tenders on how this money was going to be used and who will audit these accounts?

Thank you.

Sen. Seki

Thank you, Hon. Speaker. To the witness, now that we realise the Londiani tragedy, on the issue of the signatories where the accountants are staff of the county--- We have heard from you that these officers were sacked. How do you make this House to understand how the misappropriations of funds is attached to the Governor?

Two, on the Kazi Mtaani Programme, we have seen the termination and the sacking of employees in regards to this programme. How else can you convince this House that the governor has not acted on this issue to make sure that he is warranted for his impeachment?

Thank you. Lastly, Sen. Murango

kwa kuongea katika Bunge la Kaunti ya Kericho? Hii itatuwezesha kujua ya kwamba alisema nini kwa sababu anayechangia hujulikana na pia asiyechangia anajulikana.

Asante sana, Bw. Spika.

kwa kuongea katika Bunge la Kaunti ya Kericho? Hii itatuwezesha kujua ya kwamba alisema nini kwa sababu anayechangia hujulikana na pia asiyechangia anajulikana.

Asante sana, Bw. Spika.

Hon. MCA, you may now proceed to respond to those questions.

Thank you, Mr. Speaker, Sir. Before I proceed, now that I need to very fast respond to all the issues raised, I wish you would guide me, so that I may not take long. Let me try my level best.

Sen. Cherarkey talked about Section 45; that is the appointment of CECs and the COs. Yes, this is done by the CPSB, but the county secretary is part of the cabinet. From the amended Standing Orders of the Kericho County Assembly, we can, as an Assembly, discipline the county secretary. However, for the COs, we can do the recommendation to the CPSB.

You talked about the fictitious payment. I think it is because of time. We have the issues of Financing Locally-Led Climate Action (FLLoCA) money. This is World Bank money that is highlighted in my Motion, but has not been canvassed in this House. However, it is in most of the reports that you have in this House.

We also have strategic intervention projects. These are capital projects in the County Government of Kericho. I can highlight one, which is captured in my Motion; The Kunyak Dispensary upgrade to become a health centre; where, certificate of payment of Kshs8 million was raised even before the contractor started anything on site. It is wrong. When the Committee on Implementation visited the site, the contractor was going to begin the works. However, from the information given to the Assembly by the Department of Finance, they claimed that the facility itself is on the slab level and the kitchen is on the walling stage. This is contrary to the findings of the committee which visited the site.

We also have the misuse of NFCDP funds. It is also highlighted in my Motion. Even if you check the response from the Governor, as of 10th of June, 2025, up to Kshs281 million, that is Kshs266 million from the World Bank and Kshs15 million from the County Government of Kericho contribution, has been used. If we had an opportunity to prosecute this, it will be appalling because this is a fund which has a manual from the World Bank. I can tell you that the Governor cannot produce even a single minute from the County Project Steering Committee.

Mheshimiwa, whose question are you responding to?

logs that will be produced. I followed when the Director, ICT was being cross-examined. Each Member who voted can be accounted for, I mean for 33 of them. I did not get the Auditor-General's report, Sen. Okenyuri.

Sen. Faki, on Kazi Mtaani, most of these works were done. However, then, not even most of these works, some of them were done, but with others, the contractors were merely assigned a place. They never did anything. It is in the report, but they were paid.

We, as a committee that looked into this, felt that the value for money was not realised. We even gave the Governor recommendations to ensure these contractors who were paid, without a single documentation, be surcharged and the officers who oversaw this process be disciplined. As of now, it cannot be the CEC in charge of lands who will carry the burden. When we still have the municipal manager who is still serving to date and the accountant who paid, is still serving to date.

The municipality of Litein at the moment is headed by a sub-county administrator who is still serving to date. That is the accounting officer who oversaw the whole process. So, most of these officers are currently working. They have never been called to account for the loss of Kshs39 million. That is why I said, pursuant to Article 179(4) of the Constitution and Section 33(f) of the County Governments Act, the Governor bears the huge responsibility in the way the resources of the county are managed.

Sen. Tabitha about the Londiani victims, I can tell you that if you pay Kshs4.8 million out of the Kshs14 million raised, about nine point something million shillings was not given to those victims. The commitment by the Governor in that clip--- How I wish we had time because we produced three clips for Londiani to this Senate. A clip of the Governor talking of what he were to do. However, when the report from this committee came out, he said “My hands are tied, I cannot punish any official.”

We felt that the Governor is the biggest beneficiary in the whole scenario. How can you not take a chief officer or even the signatory to account on how these monies were spent?

Sen. Ledama Olekina, first of all, Hon. Kibet Bosuben is an elected Member of the County Assembly (MCA) representing Cheplanget. For the record again, on the clip that was played in this Senate; it is not me. Even if he was recording me, for instance, then there should be that conversation between me and him. If these affidavits are put here, it should be able to produce even the timings.

The arbitrary clip that has been played is so funny. As I said for the avoidance of doubt, I schooled with Sen. Aaron Cheruiyot in high school. I want to set the record straight that I was the Chairman of the Seventh-day Adventist group. Even at the university, I became a deacon for four years. How can I be a drunkard?

logs that will be produced. I followed when the Director, ICT was being cross-examined. Each Member who voted can be accounted for, I mean for 33 of them. I did not get the Auditor-General's report, Sen. Okenyuri.

Sen. Faki, on Kazi Mtaani, most of these works were done. However, then, not even most of these works, some of them were done, but with others, the contractors were merely assigned a place. They never did anything. It is in the report, but they were paid.

We, as a committee that looked into this, felt that the value for money was not realised. We even gave the Governor recommendations to ensure these contractors who were paid, without a single documentation, be surcharged and the officers who oversaw this process be disciplined. As of now, it cannot be the CEC in charge of lands who will carry the burden. When we still have the municipal manager who is still serving to date and the accountant who paid, is still serving to date.

The municipality of Litein at the moment is headed by a sub-county administrator who is still serving to date. That is the accounting officer who oversaw the whole process. So, most of these officers are currently working. They have never been called to account for the loss of Kshs39 million. That is why I said, pursuant to Article 179(4) of the Constitution and Section 33(f) of the County Governments Act, the Governor bears the huge responsibility in the way the resources of the county are managed.

Sen. Tabitha about the Londiani victims, I can tell you that if you pay Kshs4.8 million out of the Kshs14 million raised, about nine point something million shillings was not given to those victims. The commitment by the Governor in that clip--- How I wish we had time because we produced three clips for Londiani to this Senate. A clip of the Governor talking of what he were to do. However, when the report from this committee came out, he said “My hands are tied, I cannot punish any official.”

We felt that the Governor is the biggest beneficiary in the whole scenario. How can you not take a chief officer or even the signatory to account on how these monies were spent?

Sen. Ledama Olekina, first of all, Hon. Kibet Bosuben is an elected Member of the County Assembly (MCA) representing Cheplanget. For the record again, on the clip that was played in this Senate; it is not me. Even if he was recording me, for instance, then there should be that conversation between me and him. If these affidavits are put here, it should be able to produce even the timings.

The arbitrary clip that has been played is so funny. As I said for the avoidance of doubt, I schooled with Sen. Aaron Cheruiyot in high school. I want to set the record straight that I was the Chairman of the Seventh-day Adventist group. Even at the university, I became a deacon for four years. How can I be a drunkard?

Sen. Mariam, Brian Lang’at was fired by the Governor as the CECM. If you check the grounds under which the Governor fired the six CECMs, it was failing to adhere to some--- They talked about Executive Order No.1 of 2022, 1 of 2023, 1 of 2024. If you look at the executive orders, it is failing to adhere or to go to wherever they were posted to do.

Now, you cannot tie Brian to the incident of Londiani in that firing spree. We realised that Brian is a very young man who had a future. Before he was picked as an executive, he was the legal officer in the Assembly. So, when an opportunity was advertised in the Assembly, he applied and was competitively sourced. He is now the Deputy Director of Legal Services. We feel that Brian was not fired for committing any offence.

Sen. Onyonka, it is true about your Standing Orders and ours. We are trying to improve as a county because we felt that if we continue using manual--- Remember, we are still using the Assembly that was used by the defunct local authorities. There is one that we are building. Once we have a modern Assembly like this, I believe we will have gadgets like this. It will be easier for us to vote and the results will be seen within a minute.

Sen. Mariam, Brian Lang’at was fired by the Governor as the CECM. If you check the grounds under which the Governor fired the six CECMs, it was failing to adhere to some--- They talked about Executive Order No.1 of 2022, 1 of 2023, 1 of 2024. If you look at the executive orders, it is failing to adhere or to go to wherever they were posted to do.

Now, you cannot tie Brian to the incident of Londiani in that firing spree. We realised that Brian is a very young man who had a future. Before he was picked as an executive, he was the legal officer in the Assembly. So, when an opportunity was advertised in the Assembly, he applied and was competitively sourced. He is now the Deputy Director of Legal Services. We feel that Brian was not fired for committing any offence.

Sen. Onyonka, it is true about your Standing Orders and ours. We are trying to improve as a county because we felt that if we continue using manual--- Remember, we are still using the Assembly that was used by the defunct local authorities. There is one that we are building. Once we have a modern Assembly like this, I believe we will have gadgets like this. It will be easier for us to vote and the results will be seen within a minute.

Mheshimiwa, you have two minutes to go.

Mr. Speaker, Sir, under your directive, we will be getting the real results on the issues of voting. I want to beseech this House that when the time comes for voting, please, consider the issues of Kericho County. It is not one, there are so many grounds, including the haphazard dismissal of staff by the Governor.

There is one CECM who was dismissed in 2023, a very young man who went to a village school, scored the best grade, came to Kenyatta University and was working for the Water Trust Fund. The Governor, by a mere text, he was dismissed.

This is a Governor who should learn that when you are given an opportunity, you need to act according to Article 75 of the Constitution; conduct of state officers. The Governor should also know that being a governor of a county like Kericho does not mean he is above the law and he can do anything as he thinks. It is up to this Senate to decide on behalf of the people of Kericho County.

Thank you.

Mr. Speaker, Sir, under your directive, we will be getting the real results on the issues of voting. I want to beseech this House that when the time comes for voting, please, consider the issues of Kericho County. It is not one, there are so many grounds, including the haphazard dismissal of staff by the Governor.

There is one CECM who was dismissed in 2023, a very young man who went to a village school, scored the best grade, came to Kenyatta University and was working for the Water Trust Fund. The Governor, by a mere text, he was dismissed.

This is a Governor who should learn that when you are given an opportunity, you need to act according to Article 75 of the Constitution; conduct of state officers. The Governor should also know that being a governor of a county like Kericho does not mean he is above the law and he can do anything as he thinks. It is up to this Senate to decide on behalf of the people of Kericho County.

Thank you.

Thank you. Yes, counsel for the County Assembly, do you have something to say?

Yes, Sir.

Please, proceed.

Mr. Speaker, Sir, you will recall that at the close of our case, I had intimated that I would be making a very quick application.

At the end of our examination-in-chief yesterday, we were told by the Senate that they reserved the interrogation of our first witness, Mr. Geoffrey Bett. We still want to have that clarification whether he is still needed because we still have him around. He is one of the witnesses that is living with disability, so we want to have that clarification first.

Second and related to the issue, at the end of his testimony yesterday, the said witness made an application for protection, not just on his physical attack, but even against bullying on social media.

He has brought to my attention an incident that went against the request that he had made, that yesterday through a Facebook post by one Joan Chepkurui, whose Facebook name is Joan Kaku, alias Nadia, wrote the following words-

“Kiwete anataka kuhurumiwa na Kshs80 million ilipotea kwa department yake.” That comment was shared on another Facebook page, that is, Philip Mugo's Foundation. That specific lady, Joan Chepkurui, has been sighted sitting at the Speaker's Gallery or the public gallery. In fact, she took lunch at the Senate yesterday and today. Therefore, the simple request from Mr. Geoffrey is for stern action to be taken against that particular person, who is still within the Senate's precincts.

I will usher in my senior to also make a comment on the same.

We think that those words that Mr. Mutuma has read are not only demeaning, but they humiliate a witness of that nature who was here, spoke his voice and spoke about this being a healing process for him. That humiliation damages his healing by far.

Mr. Speaker, Sir, we will direct that if that witness is still within these precincts, stern action is necessary to them. Coincidentally, on her page, she has posted photos which she took with some Senators - and I will not name their names - meaning she has been here. We have been shown photos taken yesterday with some Senators in these precincts, validating the fact that she is within these precincts and, therefore, stern action is necessary.

Thank you, Mr. Speaker, Sir.

We think that those words that Mr. Mutuma has read are not only demeaning, but they humiliate a witness of that nature who was here, spoke his voice and spoke about this being a healing process for him. That humiliation damages his healing by far.

Mr. Speaker, Sir, we will direct that if that witness is still within these precincts, stern action is necessary to them. Coincidentally, on her page, she has posted photos which she took with some Senators - and I will not name their names - meaning she has been here. We have been shown photos taken yesterday with some Senators in these precincts, validating the fact that she is within these precincts and, therefore, stern action is necessary.

Thank you, Mr. Speaker, Sir.

Thank you, counsel for the County Assembly. Counsel for the Governor, just have a seat.

The Senate can only do what is within its powers. To the first limb of your request as to whether the Senate wishes to engage further with the witness, the answer is no.

To the second request, I was made to understand that yesterday the witness asked for arrangements to be made, so that he feels secure when he goes back home. We can only relay that information to the Inspector General of Police that the witness does not suffer any insecurities as he goes back home as a result of having appeared before the Senate.

On the third one on the social media posts, as a Senate, we are not in a position to control what goes into social media. Now, counsel for the County Assembly, since you have identified the culprit, you know exactly the remedies that are available to the witness. Kindly pursue them so that, that particular person who posted that derogatory post is punished, pursuant to the law.

I will, however, add one thing to the members of public, we are here on a very serious matter and no member of public, nor the parties involved in this particular case or even the Senators, are allowed to intimidate any witness. That post is an intimidation of a witness. Therefore, to whoever did that, be warned because the reason why I told the counsel for the Governor to sit down is because, otherwise, we will degenerate into a hen-pecking exercise of, “my client has been mentioned, I need to say this.” We will run all the way without finding a stop down the line.

A stern warning from the Senate is that no member of public should aim derogatory remarks to the witnesses that appear before us. If you do, then as I have already advised counsel for the County Assembly, you have a smorgasbord of remedies available to you. Ours is to give that stern warning.

Should it persist, then we will, at an appropriate time, ask that Member, if they are in this House, to withdraw from the precincts of Parliament because that particular behaviour cannot be tolerated while these proceedings are ongoing.

Senator for Nairobi City County, proceed.

I would like the team from the County Assembly to know that as the Speaker has said, it is difficult to control what people say on social media. Yesterday, some of the witnesses asked to take photos with me outside there. I have also seen posts from Kericho saying that a bevy of young women has been deployed to confuse me.

Hon. Sifuna, I thank you for your piece of wisdom, but the biggest problem will be the identification using that post. If I heard the counsel for the County Assembly well, that post is traceable to someone known to the Governor. Therefore, it is a process because the name given in that post, if I understood correctly, is not the official name that the person uses.

You will, therefore, need the IT people to get that pseudo account because it is using a different name, different from the person who is allegedly seated with us and for us to be convinced that post and that name actually refer to the same and one person as the one seated here, is another process. That is why I am saying that is difficult for us to and the only thing we can do is to issue a stern warning; assuming that pseudo name refers to the person you are referring to, then may that person be warned that we cannot tolerate that kind of behaviour in the Senate.

We will now proceed. We have now concluded the case for the County Assembly. We will now move to hear the case for the Governor.

Governor, you now have five hours to prosecute your case. Those hours are distributed as follows-

Three hours will be preserved for the Governor and his witnesses and two hours will be allocated for the team from the County Assembly for purposes of cross- examination. The time taken by the Senators for seeking clarification and questions is not part of the five hours we have just apportioned between the two teams.

Hon. Senators, the Senate will rise at exactly midnight tonight. We, therefore, hope to conclude the case of the Governor before we rise at midnight. We shall then resume tomorrow for purposes of deliberating and voting.

Hon. Sifuna, I thank you for your piece of wisdom, but the biggest problem will be the identification using that post. If I heard the counsel for the County Assembly well, that post is traceable to someone known to the Governor. Therefore, it is a process because the name given in that post, if I understood correctly, is not the official name that the person uses.

You will, therefore, need the IT people to get that pseudo account because it is using a different name, different from the person who is allegedly seated with us and for us to be convinced that post and that name actually refer to the same and one person as the one seated here, is another process. That is why I am saying that is difficult for us to and the only thing we can do is to issue a stern warning; assuming that pseudo name refers to the person you are referring to, then may that person be warned that we cannot tolerate that kind of behaviour in the Senate.

We will now proceed. We have now concluded the case for the County Assembly. We will now move to hear the case for the Governor.

Governor, you now have five hours to prosecute your case. Those hours are distributed as follows-

Three hours will be preserved for the Governor and his witnesses and two hours will be allocated for the team from the County Assembly for purposes of cross- examination. The time taken by the Senators for seeking clarification and questions is not part of the five hours we have just apportioned between the two teams.

Hon. Senators, the Senate will rise at exactly midnight tonight. We, therefore, hope to conclude the case of the Governor before we rise at midnight. We shall then resume tomorrow for purposes of deliberating and voting.

Mr. Speaker, Sir, these proceedings were gazetted for three days. What is the point of us sitting here until midnight?

If you recall, the second day ends at midnight.

Mr. Speaker, Sir, I beseech you because we only have five hours for the Governor’s case and a couple of hours for the other party, for us to rise at 6.30

Mr. Speaker, Sir, referencing the Gazette Notice for these Special Sittings that the Minority Whip has spoken to, and which are gazetted for three days, I might be missing some commas in this communication, but it is only in respect of Friday that there was expression that the session would commence at 9.00 a.m. and run until the conclusion of the business of the day.

Tomorrow morning, there is enough time and I am sure that if we did the one- and-a-half hours remaining today, and then as the Whip, tomorrow morning, I can commit on behalf of the Minority side, that we will be here at 9.00 a.m. sharp. We can conclude the Governor’s case by around 11.00 a.m. or 12.00 a.m. Then, we will have time to deliberate and make a vote. At least for tomorrow, we know we are here until the matter is concluded.

Mr. Speaker, Sir, with kind indulgence and humility which as you know, is a rare trait for some of us---

Hon. Senators, let us see how far our batteries will take us. If they run low at 6.30 p.m., we are human beings, we shall abide. Again, let us see how far our batteries will take us.

Proceed.

No, we cannot. However, individually, you can walk out, stretch and come back, Senator for Mombasa.

Mr. Speaker, Sir, can I have the witness come in?

Mr. Speaker, Sir, can I have the witness come in?

Serjant-at-Arms, kindly usher in the first witness of the Governor’s side.

Mr. Speaker, Sir, and hon. Senators, the affidavit of the witness is in volume one of the Governor’s bundle, pages 128 to 131. That bundle is bound in red.

(The witness for Kericho County Governor

Mr. Speaker, Sir, with your permission and permission of my colleagues, I will lead the witness on non-contentious issues. If my colleagues have any problem, they can say. Confirm that your names are Martin Cheruiyot Kiplangat.

Serjeant-at-Arms, you may need to ask the technical team to power the microphone a bit higher because we cannot hear the counsel for the Governors well.

Counsel for the Governor, please, indicate the number of witnesses you are calling for purposes of managing your time.

Serjeant-at-Arms, you may need to ask the technical team to power the microphone a bit higher because we cannot hear the counsel for the Governors well.

Counsel for the Governor, please, indicate the number of witnesses you are calling for purposes of managing your time.

Mr. Speaker, Sir, I have four that I must call. That is the three MCAs who were impersonated in the votes and the IT expert. After that, I had intended to call as many of the other 18 as my time could allow.

Okay. You have three hours to do all that.

That is okay, Mr. Speaker, Sir. Could you confirm that your name is Cheruiyot Kiplangat.

Yes, I confirm.

You are an MCA at Kericho County?

Yes, I confirm

Could you confirm that you represent a Ward by the name---

I am an elected leader representing Kapkugerwet Ward.

Did you swear an affidavit in support of your averments in this County Assembly?

Yes, I did.

Could you confirm that is the affidavit at pages128 to131 in bundle one.

Yes, I confirm.

Would you like the honourable Senators to look at it in support of your case?

Yes.

Could you confirm that you also swore another affidavit jointly with other MCAs if you could look at page 113 of the same bundle?

I confirm.

You would also like to rely on that affidavit.

Yes.

How many people have signed that affidavit of pages113 to116?

It is signed by 18 people.

Could you confirm that they are all MCAs.

They are all MCAs.

Could you confirm that what you are saying in that affidavit at pages113 to 116 is that the 18 of you did not vote in favour of the Motion?

I confirm that we did not vote in favour of the Motion.

That is not what I am asking you. What I am asking you is that in that affidavit is that you said all the 18 of you did not vote.

Yes.

Could you move on to page 109? What is the document in that page?

This is an Occurrence Book (OB) Number.

Yes.

Yes.

What was the complaint that you had made?

The complaint I made at the Directorate of Criminal Investigations (DCI) was that somebody else impersonated me in the vote.

Was it you alone that was complaining?

No.

How many people complained?

Four of us.

The four of you are the ones whose votes are purported to have been in favour of the impeachment. Is that not so?

Yes.

You would also like the Senators to take that into account.

Yes.

Could you confirm if you are familiar with the letter on page 110- 112?

Yes, I confirm.

What is that letter?

This is also a complaint to DCI to request them to investigate unauthorized use of my credentials in that voting process.

It is also a complaint in respect to impersonating you in the voting. How many people wrote that letter of complaint?

Eighteen Members.

Having laid the documents, in your affidavit, I would like you to go to paragraph three. You say-

“We have read the affidavit sworn by hon. Kiptoo Bii Kiptegen. We adopt and reiterate all he has stated inclusive of the annexes he has made.”

Is that your position at page 128?

Yes.

Could you confirm that you stand by that position and rely on the substantive affidavit sworn by hon. Bii Kiptegen?

Yes.

I would like you to be shown page 117 to 120. Could you confirm that is the affidavit of Kiptegen which you rely on?

Yes.

Let us discuss a few things; the main reason you are here. Why are you here?

Mr. Speaker, Sir, I am here to prove that I did not vote in that voting process.

You are here to tell these Hon. Senators that you did not vote. If the report purports that you voted, what is your position?

My position is that whoever did it for me denied my right---

Your position is that if it is alleged that you voted, somebody has impersonated you.

Apart from yourself, were there other people in your company that were opposed and how many were they?

Apart from yourself, were there other people in your company that were opposed and how many were they?

There were 17 other Members.

Coming to a total of 18.

Yes.

Did you make your position known at the County Assembly?

Yes, we made our position known when time of declaration of votes was directed by the Speaker, the 18 of us stood requesting that we make a vote by roll call.

You wanted to vote by roll call?

Yes.

Why were you opposed to the use of electronic voting?

It was new to us. We were not even earlier inducted on it, so it was a decision that was made at that time. We did not want to vote electronically.

I feared manipulation.

Manipulation by who?

By whoever maybe did the system because---

The two reasons you wanted a roll call vote were- One, it was a new system

Yes, a new system.

Secondly, you were suspicious of the intentions in the use of the electronic voting.

Yes.

Could I ask you a few questions? Had you been trained on the use of this system?

No.

Had you ever voted using the system?

No.

Had you put in place manuals, regulations or policies for the use of this system?

There were not polices or guidelines and no manuals on the use of this system.

You had the IT expert say that you passed Standing Order No.77 in October, 2024. Is that correct? Are you aware there is a Standing Order No.77?

Yes

You do not recall when it was passed?

Yes.

Okay. Do you recall when you impeached the Deputy Speaker?

Yes, I recall.

Was it on 8th of November, 2024? When you removed, not impeached, the Deputy Speaker? It was November, 2024.

Yes.

Did you use this electronic voting then?

This was after you had already passed that Standing Order No.77.

This was after you had already passed that Standing Order No.77.

Yes.

Had you even used this electronic voting ever before?

No.

When was it decided that it should be used?

Just immediately before voting for the impeachment of the Governor.

So, it was decided that day in the course of the impeachment discussion.

Yes.

Did you have notice that it would be used on that day? As you woke up to come, were you aware they would be using electronic voting?

No, we were not aware.

Was there any communication it might be used?

No.

Now, if 18 of you had indicated that you were not going to vote electronically and you preferred roll call voting, in the face of the fact that the Speaker insisted that it must be electronic voting, what did you do?

We requested that we use the roll call, and we stood. One Member stood and the rest of us stood in support.

My question is the Speaker said we will use electronic voting. He refused to grant your wish to use roll call. Did you vote?

No, I did not vote.

Are you aware if the 18 voted?

I am not aware also if they voted.

Okay. So, if 18 abstained, how many people could have at most voted on that day?

If 18 abstained because we have 47 Members, then 29 Members could have voted.

If 18 abstained, there would be only 29 members voting. However, you see that they have said that 33 voted, is it not?

Yes.

Okay. Now, if it remained 29, would you have achieved the two-thirds that is the target of this process?

No.

It would not have been achieved. Lastly, two issues. Did you have any gadget where the Speaker very specifically said in the HANSARD that you press a button? You remember that?

Yes.

Was there any gadget with a button that you could press?

There was no gadget that I had at that time.

Assembly. They might not be as friendly as I am, so be ready. Probably you could come this side and they can ask you.

Assembly. They might not be as friendly as I am, so be ready. Probably you could come this side and they can ask you.

Counsel for County Assembly, you may now proceed to cross-examine the witness.

Thank you, Mr. Speaker, Sir. Hon. Martin Cheruiyot, good evening.

Good evening.

I will ask you a series of questions. First of all, tell us whether you are a first-time Member of the County Assembly or this is your second or subsequent term.

First-time member.

What is your level of education?

I am a diploma holder.

In what field?

Procurement.

So, you are relatively a learned and exposed person, correct?

Yes.

You are also familiar with the use of mobiles and other internet facilities, correct?

Yes.

Tell us, for the last two-and-a-half years that you have been a MCA, how have you been receiving communication on any issue pertaining to the County Assembly?

We have been receiving through SMS and also at times by circulation of hard copies.

How is that SMS generated? Is it a special SMS that runs through a system?

Yes, it emanates from the County Assembly.

How about the generation of invoices that pertain your per diems and other payments? You still do that through the same system, correct?

Hon. Martin Cheruiyot: About the invoices, that is now the work of the accounts department.

How do you make claims for your allowances? Is it through a system that has been generated and used by the county assembly?

Yes.

You have interacted with this system since the time you came to the county assembly, correct? You have used that system for other functions, correct?

Yes.

You have been trained on the use of that system on other functions, correct?

Mr. Elias Mutuma: Have you had any challenges in the use of that platform that has been internally developed by the County Assembly? Have you had any challenges yourself?

Mr. Elias Mutuma: Have you had any challenges in the use of that platform that has been internally developed by the County Assembly? Have you had any challenges yourself?

No challenge because it is replying of messages.

So, the only challenge you had was the use of electronic voting and not for any other purpose. Do you not feel that is too convenient for the Senators to believe?

Yes, but---

Thank you. You have answered my question. I move on to the next issue.

Mr. Cheruiyot, has the County Assembly provided you with a laptop paid for by taxpayers' money?

Yes.

What was the purpose of you getting a laptop paid for by taxpayers' money?

For us to be using during our proceedings.

Including electronic voting, correct?

Yes, which we have not been inducted on.

Thank you. Let me go specifically to the affidavit you have sworn before this House. That is the affidavit dated 23rd August, 2025, correct? The one appearing on page 128 all the way to page 130, correct?

Yes.

You confirm that it is a joint affidavit, it is not an affidavit sworn by an individual?

Yes, it is a joint affidavit.

Therefore, the contents of that affidavit are contents that have been owned by two people and not one person, correct?

Yes.

Those are not just your averments, but averments of another person, one Edinah Tonui, correct?

Yes.

When did you appear before a commissioner of oaths to swear this affidavit? Do you recall appearing before any commissioner of oaths?

23rd day of August.

Where specifically?

Kericho.

Which office?

Imarisha.

Give me the building and the floor number of that advocate.

Katwa & Kemboy Advocates 5th Floor, Transnational Plaza.

So, this affidavit was sworn by Katwa & Kemboy Advocates, correct?

So, then you did not appear before Chebet Ngetich, the Commissioner for Oaths, or are you telling me that Chebet Ngetich works at Katwa and Kemboy Advocates? You did not go to any other advocate to swear this affidavit, correct?

So, then you did not appear before Chebet Ngetich, the Commissioner for Oaths, or are you telling me that Chebet Ngetich works at Katwa and Kemboy Advocates? You did not go to any other advocate to swear this affidavit, correct?

Yes.

You did not. Therefore, you did not appear before a commissioner for oaths, one that is said to have commissioned this document, Chebet Ngetich, correct? You do not know who Chebet Ngetich is, correct?

I appeared.

Mr. Cheruiyot, which version of your story should we take? You have just said you did not appear before any other person apart from the office of Katwa & Kemboy Advocates.

I appeared before Chebet Ngetich Fancy.

Give me the location of this advocate. Which offices does she operate from?

Imarisha Kebo Plaza in Kericho.

Which floor? Door number?

Okay. Second floor, I think.

I want you to go on record because we are going to confirm these details, Mr. Cheruiyot. This is because when Chebet Ngetich practises law and has commissioned your document, we can easily trace. So, you need to think your answer through very carefully. Did you appear before Chebet Ngetich or not?

I appeared, but I do not remember exactly which floor she was on.

In whose company were you in? Which other person was in your company when you appeared before this commissioner for oaths?

This one, I was alone.

You were alone?

Yes.

This affidavit confirms that two people appeared at the same time before a commissioner of oaths. You are telling these Senators that you appeared alone. Do you not think that you are confusing the Senators, Mr. Cheruiyot, or at least you are not being truthful?

When I signed, I signed alone even though the affidavit appears to have been sworn by two people.

So, you do not recall seeing Edinah while this affidavit was being prepared?

I signed and I think later she came and also signed because she is my colleague MCA.

This is your affidavit, Mr. Cheruiyot. At the beginning you said, ‘we.’ That means this document was generated, drafted and commissioned by two people at the same time. So, are you now disowning the fact that this affidavit was jointly done and that it is only you who signed the affidavit? Is that your position?

I want you to look at another affidavit. Hon. Senators, this is the affidavit appearing at volume 7A of the County Assembly’s document.

I want you to look at another affidavit. Hon. Senators, this is the affidavit appearing at volume 7A of the County Assembly’s document.

Clarification time is not yet, honourable. Okay. Just pause the time for the Governor's team.

Mr. Speaker, Sir, if you are following the proceedings, you need to remind the witness that he is on oath. He has changed his position three times on the same matter. So, you should help us on which version we should follow. We want to know the truth.

Just take note of whatever you are noticing. It will inform on how you will vote eventually.

Proceed, Counsel.

So, for record purposes again, Mr. Cheruiyot, you were not at any given time in the same place and time with one Edinah Tonui while preparing this document? You were not.

Yes, I signed my part.

That is not my question. That, at no given time, were you and Edinah Tonui together in the preparation, signing or commissioning of this document. Correct?

Yes.

Therefore, when you append a signature at the end of this document, saying that, “We, the above named”. Just read paragraph 14 of your affidavit appearing at page 130. Just read what you state there. Proceed and read.

Facts deponed herein are true to the best of our knowledge, information and belief, save where we have stated otherwise, where we will verify hereof in the correctness of what we stated.

Do you still stand by the affirmation at paragraph 14 of the affidavit, that the contents of this affidavit are true and correct to the best of your knowledge and belief?

Yes.

You have just confirmed that you have not seen Edinah in the preparation, signing and commissioning of these documents. How are we to reconcile that with the fact that you are now stating that this document was generated jointly between you and Edinah? Do you not think there is a contradiction, Mr. Cheruiyot?

No.

You do not think there is a contradiction? I will put it to you, Mr. Cheruiyot, that you have presented a forged document before the Senate, purporting that one Edinah signed this document jointly with you. What would you say?

No, I have not presented a forged document.

Kindly look at the affidavit before the Senate, volume 7A. Who is the deponent of that affidavit?

The same person that you have alleged you were with when you were signing this affidavit jointly, correct?

Yes, but I stated I signed it---

Same person.

Same person.

Same person. Kindly, read paragraph eight of that affidavit. What does Edinah say?

That I have affidavits and letters filed by the Governor, purporting that I was part of the 18 MCAs who allegedly absconded from voting on the impeachment Motion, to which-

Edinah confirms that she did not sign the affidavit that you presented before the Senate. You have also confirmed that you did not see Edinah at any given time in the preparation, signing and commissioning of this affidavit. This is your affidavit, Mr. Cheruiyot. Are you then, on record, confirming that you have brought before the Senate, a forged document in the name of an affidavit, that you have presented on oath?

No, there are other affidavits that are there---

I am interested in the affidavit dated 25th August, 2025. This is your affidavit, correct?

Yes.

Edinah has denounced the same. Do you then accept that you presented a document that was forged or procured without the authority of the other deponent? Please, answer the question.

No.

No. Mr. Cheruiyot, as has been stated by Sen. (Dr.) Khalwale, you have given different versions of the same story from the time you took the stand. You have also presented a document that you signed on oath that you have now disowned. The simple question is, why should we believe you when you say that you did not vote, when the system confirms that you voted?

I did not vote.

How credible is that statement in the wake of all the other lies and contradicting versions that you have given before this House?

The link that was used to vote was sent to my mobile phone, which I never opened.

Thank you. You have also stated in your affidavit that you did not have your phone at the time of the voting, correct?

Yes.

Where was your phone at that time?

At that particular time of voting my phone was in the car at the parking lot.

Immediately just before voting and for almost one-and- a-half hours after.

Immediately just before voting and for almost one-and- a-half hours after.

You have also stated in that affidavit, that not just your phone, but Edinah's phone, was not with her. Is that what appears in your affidavit or am I reading my own things? Do you remember stating that fact? Is it in your affidavit?

Yes.

You stated on oath that Edinah did not have her phone at the time of the voting. Correct? In your affidavit? Correct?

The 18 members that were---

I am talking about Edinah and yourself, the deponents of this affidavit. You have confirmed on oath that Edinah did not have her phone as at the time of voting, correct?

Yes.

How could you tell that Edinah did not have a phone at the time of voting?

We were together in the Chamber and she also had given her phone elsewhere.

We are interested in knowing that elsewhere. Where is that other place that your phone and Edinah’s were?

Mine was in my car at the parking lot and she said she also did not have hers. I do not know exactly where she had kept it, but she did not have the phone in the Chamber.

Mr. Cheruiyot, you have disowned ever seeing Edinah in the making of this affidavit. How can we verify the fact that Edinah did not have her phone at the time of voting?

She swore in another affidavit that she did not vote.

Which affidavit is that?

In reference to the complaint that she--- Yes, there is an affidavit on page 113.

Give us the page of the affidavit. Which page?

Pages 113 to 115.

Again, that is a joint statement prepared by all the 18 MCAs, correct?

Yes.

Was Edinah with you when that affidavit was prepared?

Yes.

Who commissioned the affidavit?

Brian Kiprotich.

Brian Kiprotich. In which office did Brian Kiprotich commission this document from?

Imarisha Kebo Plaza.

In which town?

Kericho.

Yes.

Yes.

Mr. Cheruiyot, were you for the impeachment of the Governor or you were for the position of saving the Governor?

I was for the position of saving the Governor.

You were. So, you have not supported any process of impeaching the Governor?

I did not support the process of impeaching the Governor.

Thank you. I want you to go to volume three of the County Assembly’s document on page 120. Let us see what you contributed before the House in respect to the issue of fictitious payments. I want you to read verbatim your contributions contained on page 120 of Volume 3.

Hon. Senators, that is the HANSARD report as contained in volume three of the County Assembly’s documents.

Look at page 120. Confirm that you are the MCA for Kapkugerwet Ward, correct?

Yes.

You confirm that at page 120, we come across your contributions on the Floor of the House in respect to the fictitious payments, correct?

You should be having a copy, counsel. We supplied volume three, but we can avail an extra copy.

Look at page 120. I want you to read your contribution before the Floor of the House in respect to fictitious payments and kindly be mindful of my time.

our county. So, I want to say that those who have been implicated or mentioned, and specifically I am going to specific recommendations that action needs to be taken against them or be held accountable for the actions that are upon them.

So, I want to say, Hon. Speaker, I am in support of this report, so that we move on and guard the resources of our county.

Thank you, Hon. Speaker.”

our county. So, I want to say that those who have been implicated or mentioned, and specifically I am going to specific recommendations that action needs to be taken against them or be held accountable for the actions that are upon them.

So, I want to say, Hon. Speaker, I am in support of this report, so that we move on and guard the resources of our county.

Thank you, Hon. Speaker.”

Are you changing your position in respect to the report on fictitious payments?

I am not changing, but there are specific recommendations, not really impeaching the Governor.

You did not disagree with the report, did you?

I agreed with the report, but with specific recommendations.

Thank you. You endorsed the report, correct?

I endorsed recommendations.

Just a straight answer. You endorsed the report, correct?

Yes, I endorsed, but not the impeachment of the Governor.

But you endorsed the report which stated that all people who are culpable should be held to account, correct?

Yes.

If the Governor is one of them, that remains the position, correct?

Unless it is proven that he is one of them.

Mr. Cheruiyot, I believe you are also familiar with your Standing Orders, correct?

Yes.

Kindly tell us what Standing Order No.77 provides in terms of electronic voting. Before you read Standing Order No.77, while we are still at that report, kindly go to page 178 of volume 4A. We are still talking about the same fictitious payments report, correct?

Yes.

What was the last recommendation by the committee?

The last recommendation was that according to Section 30 (3) (f) of the County Governments Act, 2012, the Governor has the overall responsibility of being accountable for the management and use of county resources, hence should take full responsibility for the anomalies.

That is part of the report that you endorsed, correct?

Recommendations.

The report contained the recommendations, correct?

Yes.

We have seen you making contributions before the Floor of the House endorsing that recommendation, correct? Therefore, you endorsed the removal or action being taken against the Governor for fictitious payments, correct?

That specific recommendation targets the Governor, correct?

That specific recommendation targets the Governor, correct?

Yes, this one targets the Governor.

You endorsed this report that targeted the Governor for having the overall responsibility, correct? Mr. Cheruiyot, correct? It is a yes or no.

No, I did not target the Governor.

Did you seek to amend or disagree with any part of the report? We have seen you fully endorse the report on the HANSARD. Had you not read the report or you are changing your version when you are appearing before the Senate now? Which one is which, Mr. Cheruiyot? Either you had not read and, therefore, made contributions without familiarising yourself with the report or you are changing your version now. Which one is which, Mr. Cheruiyot?

I read the report.

So, you endorse the report as it were? I am struggling to understand what your position is. You have just told the Senate here that you do not agree with the report to the extent of removing the Governor on account of fictitious payments, correct?

Yes.

That is what you have told us. We have seen you on the Floor of the House endorsing this report that seeks to hold the Governor fully accountable for the same. Which one is your position, Mr. Cheruiyot?

That report also recommended for the Governor to be given time---

I am interested in that specific recommendation that required the Governor to take full responsibility. Is that part of the report that you endorsed?

Yes.

Then you have lied before this Senate when you said that the Governor should not be held accountable for the same fictitious report that you endorsed, correct?

There are people in the department who are supposed to be held liable and responsible for the---

Mr. Cheruiyot, what was the incentive for you to change your position from endorsing the report from voting for the Governor's impeachment and to now testify that you did not vote? What was the incentive?

I want the Governor to be given time to act---

I am asking you a very specific question. What was the incentive?

I did not support the impeachment of the Governor.

You did not support the impeachment of the Governor?

Yes.

Even though the evidence states the contrary. Let us go to the Standing Orders as my last line of cross-examination. Do your Standing Orders provide for electronic voting?

Yes.

In Standing Order No.77, correct?

Are you familiar with that Standing Order as a MCA?

Are you familiar with that Standing Order as a MCA?

Yes, I am familiar.

Did you require advance notice to comply with Standing Orders that are express?

Yes.

Did you require prior notice that voting would be electronic?

Yes, because we did not have---

Did you require notice?

Yes, I required.

What is the basis of your answer?

We did not have the electronic gadgets and I was not prepared with my laptop---

Mr. Cheruiyot, you have confirmed that the County Assembly bought you a laptop. So, when you say that you did not have a gadget to vote, are you not lying to these Senators?

At that time, counsel, I did not have my laptop.

It is a simple question. Are you not lying when you state that you did not have a gadget, when you have been bought for a gadget and you knew the business of the day? You lied, correct?

I did not have my laptop at that time.

Were you not aware of the business of the day?

I was aware, but I was not aware that the electronic system would be used.

Mr. Cheruiyot, I put it to you that you are a very dishonest person who gives the version of the story that is convenient to you. What do you say?

No.

That is all for this witness, Mr. Speaker, Sir. Thank you.

Any re-examination, counsel for the Governor?

Mr. Martin, was there any time when you said that you supported the impeachment of the Governor?

No.

The part that has been read to you. Does it say anywhere that the Governor is to be impeached?

No, it does not.

More specifically on the issue of the vote, did you vote in support of impeachment?

I did not.

That is your testimony in this Assembly that you did not vote in favour of the impeachment?

Yes.

Now, even assuming for one moment you had a different mind when you were arguing, were you entitled to change your mind before the voting?

But your position has always been that you do not support the impeachment of the Governor?

But your position has always been that you do not support the impeachment of the Governor?

I do not support impeachment.

Okay. What kind of action did you have in mind from the report on the part of the Governor? What did you have in mind that should happen to him?

Because there were other specific recommendations, so I want the Governor to be given time to implement what the committee recommendations---

So, your position is that the responsibility that the Governor was to take on account of the fictitious payments as it is alleged, was that he be given time to take action on those claims?

Yes.

Now, you have been asked several questions in relation to Edinah and you were shown an affidavit sworn by Edinah, is it not?

Yes.

From the County Assembly, have you seen Edinah come to testify in the whole of these proceedings?

Yes.

I am saying, since we started this hearing, has Edinah come here to give her testimony?

No, no, no.

You have not seen her?

No, I have not seen her.

Okay. Have you seen her say that the affidavit you have been shown is the genuine affidavit?

Hon. Martin Cheruiyot: No.

You have not seen that?

Yes.

Can you say for a fact that the affidavit that you have been shown from Edinah has not been forged? Can you say that? Would you know whether it is forged or not?

No.

It could possibly be forged also, is it not?

Yes, yes.

Okay. Now, the affidavit that you jointly swore with Edinah, were you with Edinah when she was signing? Were you with her when she was signing or you signed alone the way you said?

I signed alone.

You signed alone and went away?

Yes.

Okay. Do you stand by everything that is stated in that affidavit as Martin?

Do you know whether Edinah would stand by them or not? Do you know?

Do you know whether Edinah would stand by them or not? Do you know?

I do not know.

You do not know, but you are speaking for yourself in terms of what you said, is it not?

Yes.

Now, I would like you to look at page 131 of volume one of the Governor's Bundle. My apologies.

You were asked whether you swore the affidavit before who and for a moment you said Katwa & Kemboy Advocates. Do you remember saying that?

Yes.

Could you let the Senators know what is indicated as being what Katwa and Kemboy Advocates did?

Drawn and filed by Katwa and Kemboy Advocates.

So, it merely shows that Katwa and Kemboy Advocates drafted the document, is it not?

Yes.

And then on page 130, who has commissioned it?

It is Chebet Ng’etich Fancy.

Chebet Fancy commissioned it. Now, away from that affidavit, you remember when you walked into this Chamber?

Yes.

What happened to you?

I took an oath.

You took an oath?

Yes.

What you are saying, is it true as per the affidavit?

Yes, it is true.

Is it true as per the oath that you took before these Senators?

Yes.

Now, you said you did not have your phone, it was in the car, is it not?

Yes.

Do you know where Edinah's phone was? Do you know where it was?

I do not know.

All you know is that she did not have, but you do not know where it was?

Yes.

So, as I finish my re-examination, as you speak today here, are you speaking for yourself and Edinah, or you are speaking for who?

I am speaking for myself.

You are speaking for yourself and your point is that you did not vote?

Okay. Lastly, were you given notice that they would be using electronic voting on that day?

Okay. Lastly, were you given notice that they would be using electronic voting on that day?

No.

Were you given notice to make sure you walk into the Chamber with your phone?

No.

Were you given notice that you should come with your laptop to the Assembly that day?

No.

Thank you, Hon. Speaker. I want to refer the witness to the affidavit that starts from pages 113 to 114 of volume one of the Governor's bundle. Going through the affidavit at paragraph one, the 18 people who deponed this affidavit are saying they participated in the proceedings. At paragraph six, they say the Speaker demonstrated impartiality at several instances, to mean they were present during that.

Then at paragraph nine on page 114, that during voting, there were people experiencing technical difficulties and others questioning the integrity. Then at paragraph 13, they say we abstained because we were not trained on the use of electronic machine.

Now, as far as I understand the word, “abstain”, witness, an abstain, according to our gadgets here, is a vote. Did you mean you voted to abstain or you refused to vote? That is the clarity that I want from you.

I refused to vote.

Thank you, Hon. Speaker. I want to refer the witness to the affidavit that starts from pages 113 to 114 of volume one of the Governor's bundle. Going through the affidavit at paragraph one, the 18 people who deponed this affidavit are saying they participated in the proceedings. At paragraph six, they say the Speaker demonstrated impartiality at several instances, to mean they were present during that.

Then at paragraph nine on page 114, that during voting, there were people experiencing technical difficulties and others questioning the integrity. Then at paragraph 13, they say we abstained because we were not trained on the use of electronic machine.

Now, as far as I understand the word, “abstain”, witness, an abstain, according to our gadgets here, is a vote. Did you mean you voted to abstain or you refused to vote? That is the clarity that I want from you.

I refused to vote.

Just take the questions, then you will respond to them.

Okay. Thank you.

Yes, Sen. (Dr.) Murango.

Asante sana, Bw. Spika. Swali ninalotaka kuuliza Mheshimiwa ni kwamba amesema alikuwepo katika Bunge la Gatuzi la Kericho na kwamba kuna matatizo yaliyompata mojawapo ikiwemo njia ya kupiga kura ambayo hamukuielewa. Kuna ushahidi wowote unaoweza kutuonyesha ukiambia Spika wa Bunge la Kericho kwamba kuna matatizo kama hayo ama kuleta jambo hilo mbele ya Spika wakati mchakato mzima wa kumng’atua mamlakani Gavana wa Kaunti ya Kericho ulipokuwa unaendelea?

Asante sana, Bw. Spika.

Sen. Crystal Asige.

business. It is like saying all of us should have to be told to bring this or that or the counsel to be told to bring his bundles for evidence’s sake.

On the same question, I want to ask the witness, you said that Edinah did not bring her phone. You did not see her, but you saw that she did not bring her phone through the affidavit that you read. However, as per your counsel's questioning, you answered in the affirmative when he asked, “Could that affidavit be forged? Do you know it to be a true affidavit?” and you said no. Therefore, can you clarify whether the affidavit is something you are relying upon or you are dismissing it, as you do not know whether it is true or not?

I also want to ask, if you do not bring your phone or your laptop to Chamber, how do you then do business usually, void of the two?

Lastly, I would also want to ask the mover, according to your Standing Orders, if you do not vote ‘Ayes’ or ‘Noes’ or abstain, what then are you doing in the House?

Mr. Speaker, Sir, in this House, you have told many a time to us, Senators, that we must vote either way. You cannot be in the Chamber and just occupying space.

Thank you.

business. It is like saying all of us should have to be told to bring this or that or the counsel to be told to bring his bundles for evidence’s sake.

On the same question, I want to ask the witness, you said that Edinah did not bring her phone. You did not see her, but you saw that she did not bring her phone through the affidavit that you read. However, as per your counsel's questioning, you answered in the affirmative when he asked, “Could that affidavit be forged? Do you know it to be a true affidavit?” and you said no. Therefore, can you clarify whether the affidavit is something you are relying upon or you are dismissing it, as you do not know whether it is true or not?

I also want to ask, if you do not bring your phone or your laptop to Chamber, how do you then do business usually, void of the two?

Lastly, I would also want to ask the mover, according to your Standing Orders, if you do not vote ‘Ayes’ or ‘Noes’ or abstain, what then are you doing in the House?

Mr. Speaker, Sir, in this House, you have told many a time to us, Senators, that we must vote either way. You cannot be in the Chamber and just occupying space.

Thank you.

Sen. Chute, I do not remember forcing Hon. Senators to vote. Anyway, that is for another day.

Thank you, Hon. Speaker. I want to refer the witness to the County Assembly’s documents, volume 4A. This is a question that had been asked by Sen. Abass before. I refer him to page 12. There was bulk SMS sent to 28 MCAs. I wanted to know from the witness if he was among the 28 MCAs who got the messages.

Thank you.

Sen. Faki, you have the floor.

Thank you, Mr. Speaker, Sir. I want to refer the witness to the affidavit on page 115 of volume one of the Governor’s documents. Did all the 18 of you go to the Commissioner of Oaths for you to swear the affidavit?

Two, looking at the affidavit, you have stated that an introduction of untested electronic voting. Did your standing orders provide for electronic voting? When did you amend them to allow for the electronic voting?

Thank you.

Sen. Mbugua.

Thank you, Mr. Speaker, Sir. Mr. Witness, I want to refer you to your affidavit on page 114 of the Governor's documents. In particular, at number six, you say that the Speaker of the Assembly failed to conduct the proceedings with impartiality and in several instances demonstrated bias. Can you give this House examples of those bias?

Two, the last sentence of number seven, you say that Members had a right to choose the mode of voting, whether manually or electronically. Is this provided for in your Standing Orders or where do you get these rights?

Thank you.

Sen. Beatrice Akinyi.

you have an official role of knowing where people keep their phones or for what reasons did you know where the Hon. Member's phone was?

you have an official role of knowing where people keep their phones or for what reasons did you know where the Hon. Member's phone was?

Sen. Boni.

Mr. Speaker, Sir, I would like the witness to clarify to us. One common denominator for all of us who speak English Language in this Chamber today is that at one time you went to school. Were you being reminded to carry with you a pencil and an exercise book when you were going to school? If that common sense did not make it difficult for you, you always carried it. Why do you want me to believe that the Speaker or the Clerk or somebody in Kericho had to remind you to carry the gadgets for you to go and vote?

Finally, based on your verbatim contribution in the County Assembly and the contradiction you are making in the House today, do you appreciate the import of what you are doing to the case of the Governor, whom you have come here to help to succeed in his case or have you deliberately come here to make fools out of the people who sit in this distinguished House?

Sen. Mwaruma.

Then log out, Hon. Senator, please. Senator for Nandi County, proceed.

Thank you, Mr. Speaker, Sir. Mheshimiwa Martin, when you protested of not being given an opportunity to vote or participate, did you--- I believe there is a Committee of Powers and Privileges in Kericho County Assembly. Have you reported this matter?

Secondly, is it a coincidence, according to volume one of the Governor's bundle that 18 of you did not carry their phones - 18 of you because that is page six on volume one and you are number 10 that all of you did not carry your phones that day to the Chamber because you knew the SMS link will be sent to your phone?

Mr. Speaker, Sir, finally I have seen the HANSARD and I have your affidavit. Who are you? Is this an hermaphrodite case? You are trying to be an hermaphrodite. Where are you? Do you want us to believe the affidavit or the HANSARD?

Thank you, Mr. Speaker, Sir.

Sen. Murgor.

Thank you very much, Mr. Speaker, Sir, for giving me the opportunity. I would like to know from the Hon. MCA, if he realises that he is contradicting himself to have agreed with the report that intends to impeach the Governor and yet denies signing. Does he realise how he is contradicting himself?

Secondly, did he plan with the lady MCA to leave their phones in the car because it cannot be a coincidence that they left their phones in the car yet they were supposed to have them? Was there an intention? Was there a prior plan before voting time?

Proceed, Sen. Olekina.

went with all these 18 - and I am looking at your affidavit on page 113 of volume one of the Governor's documents. Volume one, page 113 and it says - and I believe you are number three on this - “We, the undersigned.” I just want to be sure and please correct me if I am wrong.

First of all, I have just said and I stand corrected by both legal counsel whether an affidavit petition can be signed jointly by various different individuals although it was only by one person. Did all of you; 18 of you go together, sit down together and then based on the order of names: the first one is Hon. Kamam Rop; after he signed, the next person is Hon. Kiptoo Faith signs?

The last question is this: I have seen another affidavit volume 7A of the County Assembly’s document signed by the same person called Hon. Chepkurui Eidnah Tonui. I believe that is the same name here. Chepkurui Edinah Tonui, how is it that you ---

went with all these 18 - and I am looking at your affidavit on page 113 of volume one of the Governor's documents. Volume one, page 113 and it says - and I believe you are number three on this - “We, the undersigned.” I just want to be sure and please correct me if I am wrong.

First of all, I have just said and I stand corrected by both legal counsel whether an affidavit petition can be signed jointly by various different individuals although it was only by one person. Did all of you; 18 of you go together, sit down together and then based on the order of names: the first one is Hon. Kamam Rop; after he signed, the next person is Hon. Kiptoo Faith signs?

The last question is this: I have seen another affidavit volume 7A of the County Assembly’s document signed by the same person called Hon. Chepkurui Eidnah Tonui. I believe that is the same name here. Chepkurui Edinah Tonui, how is it that you ---

You are off record, Hon. Senator. Proceed, Sen. Veronica.

Thank you, Mr. Speaker, Sir. I want to refer you to County Assembly documents, volume 4A on page 28. There is a report there. The electronic voting system results audit indicating that Hon. Cheruiyot Martin Kiplangat voted at 19.26.12 seconds. Did you actually vote on any system that day either on phone or on the computer that was in the Assembly? Did you vote?

I did not.

You did not vote? So, this is a false document what the County Assembly has brought or have you changed your mind about the vote you put on that day and following what you have alleged in your affidavit that you think this system came without a proper tendering process and was installed at the night? Did you change your mind because of the way the system was introduced as a voting system during the impeachment proceedings?

I never voted.

So, you want to tell Senate this is a false document that has been brought by the County Assembly of Kericho on the report on the voting electronic voting system?

They did the voting by electronic, but I did not vote.

Was there a system that day that was used by MCAs to vote? Did you see any system in the Assembly?

There was no - it was using MCAs phones.

So, nobody voted on a desktop or laptop? It was just the phones?

I remember there was a laptop for those Members who wanted to be assisted. They were told that they can be assisted to vote.

Were any Members assisted that day?

Proceed, Sen. Eddy.

Proceed, Sen. Eddy.

Mheshimiwa, in your affidavit you say that you participated in the proceedings, that is on page 113. On page 114, you say you abstained because you are not trained on the use of electronic. Now you and I are called upon to hold governors accountable.

I hope you are familiar with Article 159 of the Constitution which says that where there is procedural technicality, we must give substantive justice, anyway. Your reason for not voting is because you are not trained in the use of electronics. You follow the proceedings there. You followed the proceedings there and you have followed the proceedings here, where there are glaring issues that have been raised in this case.

Do you believe that the issues that have been raised in these proceedings and in your proceedings in the Assembly are issues that are tantamount to impeaching the Governor? This is because your reason here is not because the issues have no merit. It is because the electronic system was not – you were not afforded the training grounds. As an MCA, do you believe that the issues that have been raised here and in your proceedings are issues tantamount to the impeachment of the Governor?

Sen. Kisang.

Thank you, Hon. Speaker. This is the first witness who is testifying for the Governor. If he is the best witness, I think the Governor is cooked. This is because you cannot be reminded to come to work and carry the tools of work. As Sen. Asige has said, that is common sense. You cannot go to school without your books.

Hon. Speaker, the MCA has confirmed that there was a laptop that was used to assist those who could not vote. How come the 18 of them could not volunteer and go to be assisted or walk out because they did not agree with the process? In this House, sometimes when we do vote, if the Minority side are aggrieved or they are not agreeing with us, they walk out. How come you did not walk out or go to the clerks to assist you to vote?

Sen. Lomenen.

Thank you, Mr. Speaker, Sir. I wish to ask the witness, Mheshemiwa, Did you participate in impeachment Motion?

Yes, during the debate I was there.

Did you vote?

I did not vote.

Which means did you use to vote?

I did not vote.

Did you see the other 17 vote?

I did not see them vote. When the Speaker directed that the voting should take place, one Member; Hon. Paul Bii, stood on division and requested that voting be done on roll call. All of us, the 18 Members stood because we suspected and feared manipulation on this voting process. I also feared manipulation.

Confirm you were 17 and not 18. Did you see Edinah vote?

I did not see Edinah vote, but she stood when the rest of the Members stood up.

My first question to the hon. Member is; are these phones that messages were sent to County Assembly phones or personal phones? Secondly, did you receive any SMS in your phone reminding you that you were supposed to connect with the system to vote?

Thirdly, we have our Serjeant-at-Arms who usually check these systems to see if signals are working. When you were getting into the House, did your Serjeant-at-Arms check to confirm if there was Wi-Fi or data so that when they call to vote, you are updated?

My first question to the hon. Member is; are these phones that messages were sent to County Assembly phones or personal phones? Secondly, did you receive any SMS in your phone reminding you that you were supposed to connect with the system to vote?

Thirdly, we have our Serjeant-at-Arms who usually check these systems to see if signals are working. When you were getting into the House, did your Serjeant-at-Arms check to confirm if there was Wi-Fi or data so that when they call to vote, you are updated?

Mr. Speaker, Sir, I request that you allow me to respond to what the hon. Senator has asked, that if my phone is personal or the Assembly’s phone and then I will go to the rest of the questions from the rest of the Senators.

My phone is my personal phone and not a County Assembly phone. He has asked if I received that message in my phone. At that time of voting, my phone was in the car. Therefore, I did not vote. Later on when I got my phone, that message was there. The SMS had been sent to my phone. However, at that time, I did not have my phone. I did not open that message.

Even as we speak today, that message is there and I have never opened it. Hon. Senators, you know when a message comes to your phone and you click to open, it shows that you have opened the message. Considering my fear of the manipulation of the voting, I feared getting into the link.

Thank you, Mr. Speaker, Sir.

Sen. Hezena.

Thank you, Mr. Speaker, Sir. I seek more clarification from the witness on the phone issue because we know that technology has lately advanced. We now have a screen saver which makes you not see what the person sitting shoulder to shoulder with you is typing.

How did you exactly know that your colleague did not vote? Sometimes, we sit shoulder to shoulder with our colleagues and it is hard to know what someone is doing on their phones. For the other 17 people, I would also like to know if they were sitting in one place or they were confined in one place such that he was able to monitor all of them.

Proceed, Sen. Keroche.

Thank you, Mr. Speaker, Sir. Mr. Witness, you said your level of education is diploma. Looking at you, you are not yet 40. If I, Senator Keroche, said I was analogue, everybody would believe. However, for you, is very hard for people to believe that you ran away because of the system. If I was you, I would have said I did not want to impeach the Governor, but not about the system. Do you have your phone today?

Mr. Speaker, Sir, I have it.

How many times do you forget your phone? One thing I know young people do not forget is their phones. You are talking to your mother which is why I know everything.

Mr. Speaker, Sir, there was the first question that asked by Sen. Sifuna about abstaining or did not vote. I deliberately did not vote because as I have said, I feared manipulation in this.

Before, when the debate was going on, it emerged even that some four Members, I included, had already been voted on behalf of. The reason I did not vote was because I feared manipulation. That was a question that was posed about making our request known that we needed a voting method of apart from the electronic one. Hon. Paul Bii requested the Speaker to allow us to vote by roll call.

When he stood, he was denied and all of us 18 stood up and call for a Division, but the Speaker directed that electronic system be used.

There is a question about the affidavit of Hon. Edinah Chepkirui that was where the 18 of us swore. She was there and swore in that as one of the 18 Members.

There was a question almost similar to the one I was asked before about my phone at the time of voting. I did not have my phone at that time. It was in my car.

There was another question posed about getting the link that was sent to my phone. I confirm that the link was sent to my phone. Later, when we came out of the Chamber, I saw the message on my phone and I stated that the message is there. I did not open the message. It is evidence that I did not vote that day.

Proceed and answer the questions.

Proceed and answer the questions.

There was also a question that Hon. Senator asked if I had come to make fools out of the Senators. No, kindly, I have come to give my evidence and this is a House of honour and we regard it highly.

There was a question also that was raised by Sen. Cherarkey regarding whether I have reported to Powers and Privileges. No, I have not reported.

There is also another question referring back to Hon. Edinah, about the phone that was asked by--- It is a similar question that was asked by an hon. Senator about whether we planned to leave our phones outside or elsewhere, away from the from the Chamber. We did not. Each Member had an application on his or her own to do whatever it is with their phone.

I think I have responded to what our Sen. Olekina asked about going to sign the affidavit.

Madam Temporary Speaker, there was a question that you also posed, where you wanted me to confirm whether I voted at 9:26. I confirm that I did not vote.

Sen. Oketch Gicheru asked a question about the proceedings of the House and the reasons for not voting. On this one, I say I did not vote. As I have stated, I feared a lot of manipulation in this. That is why I did not vote.

That is my submission. Thank you.

There was also a question that Hon. Senator asked if I had come to make fools out of the Senators. No, kindly, I have come to give my evidence and this is a House of honour and we regard it highly.

There was a question also that was raised by Sen. Cherarkey regarding whether I have reported to Powers and Privileges. No, I have not reported.

There is also another question referring back to Hon. Edinah, about the phone that was asked by--- It is a similar question that was asked by an hon. Senator about whether we planned to leave our phones outside or elsewhere, away from the from the Chamber. We did not. Each Member had an application on his or her own to do whatever it is with their phone.

I think I have responded to what our Sen. Olekina asked about going to sign the affidavit.

Madam Temporary Speaker, there was a question that you also posed, where you wanted me to confirm whether I voted at 9:26. I confirm that I did not vote.

Sen. Oketch Gicheru asked a question about the proceedings of the House and the reasons for not voting. On this one, I say I did not vote. As I have stated, I feared a lot of manipulation in this. That is why I did not vote.

That is my submission. Thank you.

Sen. Tabitha, I will allow you indulgence to ask just one question, then the witness will respond to it.

Thank you. My question is very simple. Does your phone have a password? Answer ‘yes’ or ‘no?’

Yes, it has a password.

Thank you. Just leave it at that. So, nobody could access the voting, if your phone has a password? Leave it at that.

Sen. Mumma, proceed.

Thank you, Madam Temporary Speaker. I would want to understand what the hon. Member was going through during this impeachment hearing?

Yes.

Were there issues? The issues that have been raised before us, did you find them weighty enough to impeach the Governor, that your only problem was the method of voting?

No, I did not support the impeachment of the Governor, and I, myself, wanted to vote “no” on the impeachment of the Governor. However, as I said, I feared manipulation of the votes. I did not trust the electoral process. That is why we had requested for the roll call.

Sen. Lomenen, proceed.

Sen. Mwaruma, it is reading Sen. Lomenen on the dashboard. Are you sitting on his desk?

vote will be annulled, by virtue of the fact that some of you have refused to vote? If that is a consequence that you expected, can you invoke that part of the Standing Orders that you relied on, to annul that vote? This is because whether you vote or not, the vote will still count when others have voted.

vote will be annulled, by virtue of the fact that some of you have refused to vote? If that is a consequence that you expected, can you invoke that part of the Standing Orders that you relied on, to annul that vote? This is because whether you vote or not, the vote will still count when others have voted.

Thank you, Madam Temporary Speaker. Hon. Senator, as I have said, the 18 of us---

Let me talk of myself. Since we had not been inducted on the mode of electronic voting, we had requested the Speaker to give us a leeway to use roll call voting for the process because we believed it was a transparent way. Since he directed that it should continue that way, the 18 Members who had requested for use of the roll call voting never voted, but the process continued. The 29 Members were in support of the electronic voting system. After the voting, the results were that 33 Members voted, whereas there were 18 Members who had requested otherwise. Their votes were not captured because they did not vote. Our fear was that there could be manipulation. That is why we declined to vote.

Thank you, Madam Temporary Speaker.

Witness, you are still not discharged. Let us listen to Sen. Karen Nyamu and Sen. Peris Tobiko in that order.

Hon. MCA, you have stated that you did not vote because you feared manipulation. Manipulation by who and who had the administration rights during the proceedings of the Governor’s impeachment?

Madam Temporary Speaker, since the Speaker declined to allow roll call voting, we feared manipulation by the Speaker.

Proceed, Sen. Peris Tobiko.

Thank you, Madam Temporary Speaker. Mr. Witness, were all the MCAs present in the Chamber during the voting and in your observation, how many voted “Yes” and how many voted “No”?

Thank you, Madam Temporary Speaker. All the 47 MCAs were present in the Chamber. Since 18 Members did not vote, I expected 29 to have voted. However, at the end of voting, it came out that 33 voted, yet 18 Members did not vote.

Proceed, Sen. Margaret Kamar.

Thank you, Madam Temporary Speaker. Mheshimiwa MCA, I am a bit confused. You keep on saying 18 of you did not vote. We have listened to all the questions that have been raised and, at one point, you disowned Edinah. Did the 18 vote? Are you still confirming that actually 18 did not vote?

Secondly, did you have a meeting of 18 where you made up your mind that you were not to vote, such that if Edinah says that she did not vote, then she would have betrayed the group?

Secondly, Sen. (Prof.) Kamar, we have a video of the 18 Members who never voted---

Secondly, Sen. (Prof.) Kamar, we have a video of the 18 Members who never voted---

Sen. (Prof.) Kamar, you know the right way to request for that.

Proceed, Sen. John Kinyua.

Madam Temporary Speaker, thank you---

What is your point of order, Sen. (Prof.) Kamar?

I cannot be out of order.

Resume your seat, Sen.

Madam Temporary Speaker, Sir---

Sen. Margaret, when the witness gives their answer whether good or bad, that answer will help the Senators to determine how to vote. So, he is entitled to the answer he wants to give.

Madam Temporary Speaker, let me request that you allow me to respond.

Please, proceed.

I have said the 18 did not vote. I did not say they voted. The 18 members did not vote and why? It is because later when the results were declared, because we had to register the complaint, all the 18 Members went to the DCI Headquarters to report and investigate the process of voting. That is what I was saying that there is a clip to that effect showing that the 18 members did not participate in the voting process. They did not vote.

Proceed, Sen, John Kinyua.

Thank you, Madam Temporary Speaker. My question to the hon. Member is: Can the HANSARD of the Kericho County Assembly vindicate you that you protested the electronic voting? If it is so, there is a provision in your Standing Orders that, if you agreed with the impeachment of the Governor, you were to vote “Yes.” If you did not agree, you were to vote, “No.” If you were confused of what to do, you abstain. What was so hard for the 18 of you because you were not agreeing to vote “No”?

Thank you, Madam Temporary Speaker.

Also, even from the HANSARD and from the clips in the County Assembly, it is very clear that those Members who chose not to vote stood and they can be counted from 1 to 18. It is very clear.

Thank you, Madam Temporary Speaker.

Also, even from the HANSARD and from the clips in the County Assembly, it is very clear that those Members who chose not to vote stood and they can be counted from 1 to 18. It is very clear.

Thank you, Madam Temporary Speaker.

The last question will come from Sen. Seki Lenku and then we will close the evidence from that witness.

Thank you, Madam Temporary Speaker. Hon. MCA, I want to believe that whatever you were saying here is the truth and from what I have learned you have really tried to balance yourself. I want to agree that you know exactly what is all about the County Assembly. Does it mean that you have been forced by the Executive to change your mind and say that you did not vote while you voted because it seems you voted? Can you tell this House that you did not vote and that is all rather than try to double-speak.

Thank you, Madam Temporary Speaker, thank you, Hon. Senator. If you could allow me, I have my phone here with me right now. I did not vote and it was voluntary. Nobody compelled me not to vote or do otherwise. If I had voted, I would have voted no for the Motion of impeachment of the Governor. I was opposing the Motion on Impeachment of the Governor.

I did everything willingly. Given a chance at this time, I will still vote no to the Motion on impeachment of the Governor. I did everything willingly. In fact, immediately after the voting process, we proceeded willingly to the Directorate of Criminal Investigations (DCI) to report the improper way of how it was voted. Even coming to the Senate, I have not been forced. I volunteered myself and I am willing. If given a chance, I will vote no even today on the Impeachment Motion.

Thank you.

Thank you. I want the Clerk to confirm we now have the report from the independent ICT expert, so that we can see whether we can take proceed to take that. There was an earlier ruling from the Chair that it should be produced today.

You may resume your seat.

resumed his seat) The report is not ready. I wish to direct the Clerk that that report be tabled tomorrow at 9.00 a.m. when the Senate session resumes. That then amounts to a variation of the earlier ruling by the Speaker.

The Governor's team will have two hours 40 minutes for evidence of remaining witnesses, if any, and the County Assembly will have one hour 30 minutes for cross- examination of the witnesses that will be called tomorrow by the Governor's team.