Wednesday, 20th August, 2025 Special Sitting

Clerk, do we have quorum?

Hon. Senators, we have quorum.

Senator for Nakuru County, kindly take your seat.

Clerk, you may proceed to call the first Order.

Mr. Speaker, Sir, it is my pleasure and privilege to introduce to you and to the Senate, the nominated Senator Consolata Nabwire Wakwabubi of the

United Democratic Alliance (UDA) party, elected pursuant to Article 98(1)(b) of the Constitution.

Senator, would you wish to swear or to affirm?

To swear, Mr. Speaker, Sir.

Very well. You may now proceed to take the podium. The Oath of Allegiance was administered to the following Senator- Consolata Nabwire Wakwabubi.

Congratulations hon. Senator. Welcome to the Senate.

Thank you, Mr. Speaker, Sir.

Hon. Senators, I have the following Communication to make.

I would like to acknowledge the presence in the Speaker's Gallery and the Public Gallery this afternoon, of a delegation consisting of family and friends of Sen. Consolata Nabwire Wakwabubi, MP. The delegation is visiting the Senate to witness the swearing- in of Sen. Wakwabubi, MP, which has just been concluded.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

Mr. Speaker, Sir, I join you, on behalf of my colleagues, to welcome this delegation that is accompanying our latest colleague, Sen. Consolata Wakwabubi.

It is a great privilege to serve this country as a Senator. I know that as our colleague begins her legislative journey this afternoon, she has a steep learning curve.

She is joining while we have made tremendous progress in this House to ensure that we set up this institution to the levels that the Kenyan people expected of us. I congratulate her together with all the members of her delegation who have come this afternoon to witness her swearing in. I wish her well in her journey as she learns and interacts with colleagues and gets to serve the people of Kenya as a nominated Senator.

Thank you.

Hon. Senators, the floor is open for purposes of congratulating the newly sworn-in Member.

The Senate Minority Leader, you may proceed. The Senate Minority Leader (Sen. Madzayo) :

Asante, Bw. Spika. Kwanza

Proceed, Sen. Boni.

Thank you, Mr. Speaker, Sir. It gives me a lot of pleasure to welcome my sister, Consolata Nabwire, to this House. I call her sister for obvious reasons. More importantly, it is a crowning moment for the effort that the United Democratic Alliance (UDA) has gone through in appreciating the contribution of one of the women who made a huge difference during our campaigns to ensure that the President forms Government.

I congratulate her and hope that she will be a success. The only comment I would like to direct to her is that her entry into the House, besides being deserved as a nomination, arose from a decision on her predecessor. It called into question the issue of integrity when you are a member of this House. Coming at this time, when the integrity of Parliament is under the microscope, I hope everybody will realize that institutions of Kenya are greater than any Kenyan, despite the office of whoever that Kenyan is.

Proceed, Senator for Nairobi City County.

Thank you, Mr. Speaker, Sir. Let me join you and my colleagues who have spoken before me, to welcome my sister from Bungoma. The joke is told that Bungoma has two Senators. Now--- Sen. Wakwabubi, one of the things you will learn very fast is that the Senate struggles with speaking equipment here.

Now, there will be a full complement of three, including my sister Wakwabubi, who has just joined us today.

I welcome you to the capital. Here, nobody can touch you for as long as you can say Sifuna.

Proceed, Sen. Tabitha Keroche.

Mr. Speaker, Sir, thank you for also giving me this opportunity to welcome my sister, Sen. Consolata. Sen. Consolata, you are most welcome to this good House. You will learn a lot. Count yourself one of the luckiest because you are among the 67 Members who have been brought into this House to represent the whole of Kenya. I thank the UDA party for agreeing that, that position was meant for a lady because it is a lady, Sen. Gloria, who left us. Thank you, UDA, for giving us that honour as women. Sen. Consolata, feel at home. As was said by the Senate Majority Leader, we are here to hold your hand to ensure that you feel at home and welcomed.

Thank you.

Proceed, Sen. Kavindu.

Mr. Speaker, Sir, thank you for giving me this opportunity to welcome our sister, Consolata, to this House. Karibu sana. Let us do the work and serve Kenyans with all dedication.

Proceed, Sen. Mungatana.

Thank you, Mr. Speaker, Sir. I welcome hon. Sen. Consolata to the House. Amongst the books that you received from the Speaker---

Can you power the microphone for hon. Sen. Mungatana? Is it on?

Yes.

You may proceed.

Mr. Speaker, Sir, I was saying one of the books that Sen. Consolata received from you is called The Compendium of the Rulings that are delivered on the floor of this House. This House - unlike another one that I will not name - is a House of learning. I invite her to be familiar with the rulings that have been given and open her mind, so that we can help this Republic move one step forward.

I thank you, Mr. Speaker, Sir.

Sen. Osotsi, proceed.

Thank you, Mr. Speaker, Sir. I also take this opportunity to welcome our sister, Consolata, to this House and encourage her to work hard. There are a lot of

things that she needs to learn from the rest of us since she has come in the middle of the term.

I am happy that the number of Senators from our western region has now gone up by five. I know Sen. Mumma and Sen. Sifuna also come from that area, but they have divided loyalty between Nairobi and Kisumu. However, Sen. Consolata is a full-time resident of Bungoma County. Together with the other four Senators whom we have been working very closely with, we will also work very closely with you---

Sen. Kinyua, proceed.

Asante, Bw. Spika, kwa kunipa fursa hii kumkaribisha Sen. Consolata. Pia ningependa kuwakaribisha jamaa na marafiki ambao waliandamana na yeye ili kumpa heko na kongole. Sisi kama Seneti, tunakukaribisha.

Mahali ulipo keti, kuna Seneta wa Bungoma ambaye ni mchapa kazi. Sisi tuna imani kwamba umekuja kwa sababu chama kimekuchagua wewe. Kwa hivyo, hatuna shaka rohoni mwetu kwamba utaifanya kazi ambayo ulichaguliwa kuja kufanya hapa.

Ningependa kukupongeza na kukuambia karibu. Ijapokuwa umekuja wakati muhula umeenda kidogo, hatuna shaka rohoni mwetu kwamba utafanya jambo ambalo unatakiwa kufanya; kuongea kuhusu Wakenya na kutetea maslahi yao.

Asante, Bw. Spika.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. My new Senator, you will have to decide what you are going to become in this House. The party will expect you to take party position on everything, but at some point, tell your party the truth. Unfortunately, I lost a Member who was from my delegation, Madam Orwoba. I give her all the respect. I was disappointed that she left, but we let the law take its course.

The only last point I would like to make to anybody who wants to come to this House is that to those whom much is given, much is expected.

Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. Let me also join my colleagues in welcoming, Sen. Consolata, to this House. I would like to tell her something that this not very different from what Sen. Onyonka has said, that she should know why her predecessor was removed and that she should be very guarded in what she says in here and out. This is because sometimes, independence is only on paper, especially when you belong to the party that has nominated you.

Our senior sister, we wish you well and want to see you to the end of this term. If you are not careful with your mouth, the UDA will remove you.

Sen. Wambua, proceed.

Thank you, Mr. Speaker, Sir. I want to take this opportunity to welcome my cousin, Sen. Consolata to the Senate. When Sen. (Dr.) Khalwale and Sen. Osotsi stood here, they were very happy that their community is gaining numbers, while I

am seated next to the Senator for Nyamira County who is mourning that they have lost a number. I have tried to persuade him to catch your eye, so that he can say something. However, the state of mourning is too high; he just cannot say anything.

Proceed, Sen. (Dr.) Murango.

Asante sana, Bw. Spika. Yangu ni machache sana. Kwanza, ningependa kumwambia Sen. Consolata afuate falsafa ya “Ta-Te-Ti”, tangaza msimamo wako kama Seneta; tetea walio kuleta hapa na uwatumikie wale ambao wamefanya uletwe hapa.

Hiyo ni muhimu kwa sababu hicho kiti ambacho umeketi, kilikuwa kinakaliwa na Sen. Gloria. Kwa muda, Seneti ilijaribu kung’ang’ana naye sana ili akae hapa lakini kwa sababu riziki haivutwi kwa kamba, imemleta hapa Sen. Consolata siku ya leo. Nadhani tutampa kile ambacho anahitaji katika Seneti hii. Tulikuwa tunaongea na Sen. Mo Fire ambaye amekuwa mzuri sana na mnasihi katika hili Bunge ili ampe mwelekeo zaidi.

Asante, Bw. Spika.

Mr. Speaker, Sir, I want to welcome my colleague, Senator. When I was the Chairperson of the Law Society of Kenya (LSK) , there is one clause that was in the harmonised draft constitution that we fought very hard to delete from the 2010 Constitution. That clause was giving a political party power to initiate expulsion of a Member that can lead to that Member losing the seat. When that clause was deleted, I thought I would not in my lifetime see a party expel a Member and that Member loses her or his seat in Parliament.

Be that as it may, we welcome you, Senator, to this House. We have also created a record that for the first time in the history of Parliament, I have seen a situation where Members---

Proceed, Sen. Roba.

Asante sana, Bw. Spika. Kwanza, ningependa kumshukuru Mwenyezi Mungu kwa kumpa dada yetu, Sen. Consolata, nafasi hii. Pili ninataka kushukuru muungano wa walio wengi Bungeni kwa kumteua na kumpa fursa ya kuja katika Bunge. Tunamtakia kila la kheri Inshallah.

Kama wenzake waliokuwa hapa kabla yake, tutamuunga mkono na kumshikilia ili kuhakikisha ya kwamba amekaa vizuri katika Bunge la Seneti.

Asante, Bw. Spika.

We shall end it there, Hon. Senators. I have a communication to make.

On the request of the Senate Majority Leader vide letter reference No. SEN/MLS/COL(28) dated the 18th August, 2025 and with the support of the requisite number of Senators, I did appoint today, Wednesday 20th August 2025, as a day for a special sitting of the Senate. The appointment was made vide Kenya Gazette Notice No.11450, dated 18th August, 2025.

In the Kenya Gazette Notice, I indicated that the business to be transacted at the Special Sitting shall be the following–

Take your seat, Sen. Boni.

2. Abuse of Office

Mr. Speaker, Sir, I rise to give notice of the following Motion-

THAT, notwithstanding the resolution of the Senate made on 19th February, 2025

, pursuant to Standing Order No.32

(4)

, the Senate resolves to extend the recess so as to resume Regular Sittings for Part V of the Fourth Session on Tuesday, 23rd September, 2025, and that the Senate Calendar

(Regular Sessions)

for the Fourth Session, 2025, be altered accordingly.

Can I do the other motion, Speaker? The Speaker (Hon. Kingi) : Yes, proceed to give notice to the other Motion.

Mr. Speaker, Sir, this is notice of the second Motion, which is the establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Kipkoech Mutai, the Governor of Kericho County-

THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Friday, 15th August, 2025 the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County;

Order, Hon. Senators, kindly, hear the Majority Leader in silence.

Proceed, Majority Leader.

AND FURTHER, WHEREAS by letter Ref. KCA/SP/3 Vol.I (39) , dated Friday, 15th August, 2025, received in the Office of the Speaker of the Senate on

Monday, 18th August, 2025, the Speaker of the County Assembly of Kericho informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate, documents in evidence of the proceedings of the Assembly;

AND WHEREAS, pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(b)(i) of the Senate, the Senate by resolution, may appoint a Special Committee comprising eleven of its Members to investigate the matter;

NOW THEREFORE, pursuant to Section 33(3)(b) of the County Governments Act and Standing Order 80(1)(b)(i), the Senate resolves to proceed on this matter by way of establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County.

Next Order.

Mr. Speaker, Sir, I beg to move- THAT, notwithstanding the resolution of the Senate made on 19th February, 2025

, pursuant to Standing Order 32

(4)

the Senate resolves to extend the recess so as to resume Regular Sittings for Part V of the Fourth Session on Tuesday, 23rd September, 2025, and that the Senate Calendar

(Regular Sessions)

for the Fourth Session, 2025, be altered accordingly.

Mr. Speaker, Sir, as you are aware, we are supposed to be on recess until 7th September, but because of the special matter that is before us, as a House, recess has been interrupted. We are here today and depending on how the House chooses to treat the next Motion, which I shall be moving, we are likely to be seated again next week to consider that particular matter.

Having done that, then it passes by way of common logic that the work which committees intended to carry out in these two weeks will actually be greatly interfered with. Many people interpret that recess is a time to rest only, but recess is a time for work as well. There are committees that have scheduled public participations, Bills that they wanted to consider and people wanted to visit with their constituents.

Therefore, in light of the fact that there has been a two-week interruption, that is this week and next week, because you never know, we have actually provided for the three days in the request that we made to you because it has happened previously where in consideration of impeachment hearings, we have sat up to as late as 3.00 a.m. Therefore, just out of the abundance of caution, we normally request for three days.

That being the case, it means that the whole of next week, again, this House will be sitting. Therefore, we sat at the SBC this morning, deliberated and felt that in the greater interest of the institution and the work that was to be carried out by Members in these two weeks of recess, to further extend our recess by a further two weeks. That is the

basis of this Motion. It is a fairly straightforward request. I want to ask the Senate Minority Leader, Sen. Madzayo, to second and then we can proceed.

Thank you.

I second.

The Floor is open for debate. With your concurrence, hon. Senators, I will proceed to put the question.

Next Order. The Senate Majority leader, proceed.

Mr. Speaker, Sir, I beg to move the following Motion-

THAT, WHEREAS, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, on Friday, 15th August, 2025, the County Assembly of Kericho approved a Motion for the removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County;

AND FURTHER, WHEREAS by letter Ref. KCA/SP/3 Vol. I (39) , dated Friday, 15th August, 2025, received in the Office of the Speaker of the Senate on Monday, 18th August, 2025, the Speaker of the County Assembly of Kericho informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate documents in evidence of the proceedings of the Assembly;

AND WHEREAS, pursuant to Section 33 (3) (b) of the County Governments Act and Standing Order 80 (1) (b) (i) of the Senate, the Senate by resolution, may appoint a Special Committee comprising eleven of its Members to investigate the matter;

NOW THEREFORE, pursuant to Section 33 (3) (b) of the County Governments Act and Standing Order 80 (1) (b) (i) , the Senate resolves to proceed on this matter by way of establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County.

Mr. Speaker, Sir, this is another procedure that Members are accustomed to. Every time we have an impeachment hearing, the House must make a decision whether to

investigate by way of a special select committee or by the plenary on the matter that is before us.

Declare your interest on this matter!

I can already hear what people are saying as much as I am not supposed to; including my good friend, Sen. Boni Khalwale, who is telling me that in compliance with the Conflict of Interest Bill that is now law, to declare my interest in this matter.

I have no pecuniary interest in this matter other than justice for the people of Kericho, nothing else. That is not a subject of debate at this point and the Majority Whip should know that what we are discussing at this point is whether to investigate this matter by way of committee or by plenary.

Mr. Speaker, Sir, we have pursued both ways in the past, with almost equal results. If I am not wrong and if you look at the statistics, this must be the 17th or 18th impeachment that we are considering. Almost all have been considered in equal numbers; some by way of special committee and nearly an equal number by plenary. Both routes have returned the two possible verdicts; either to confirm the charges or fail to confirm the charges in equal measure as well.

The point is that there is no process or route that is flawed. It is Members to determine which route they want to consider a certain matter. Therefore, reading the mood of the House because I have been in this House long enough and I know when people are listening and when they are not, I beg to move and request the Senate Leader of Minority, Sen. Justice

, Steward Madzayo, to second this Motion.

The Senate Minority Leader (Sen. Madzayo) :

Asante Bw. Spika. Mimi

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

Order, hon. Senators. Sen. Faki, you can only raise a point of order when a colleague is on their feet.

What is your clarification, Deputy Speaker?

Thank you, Mr. Speaker, Sir, for this opportunity. The Leader of the Majority Party has moved the Motion and the Minority Leader has negated or objected to the Motion. In our Standing Orders, can we prove that there is a recourse? Maybe, I am not satisfied with his refusal to second.

I am not talking to the Senators. I am addressing my time to the Speaker, who is the head of this House. If I was to talk to you, it would not be in this forum, I would have talked to you in other kamukunjis.

Mr. Speaker, Sir, is it possible that at some point, we can change our Standing Orders in a way that if a seconder is not ready to second a Motion, should that Motion die there or should we initiate another motion on another day, so that those who are ready to support do it? It has happened several times.

Is it possible to have another option to look at this Motion in a different way?

Order, hon. Senators. Senator for Meru, you have valid concerns, but those concerns are for the future. We have a situation to handle today. The Senate Majority Leader had someone to second his Motion. The proposed person was the Minority Leader who did not second the Motion. The Majority Leader did not appoint any other person. It is his Motion. Allow me to read the ruling on the effect of lack of secondment of a Motion as per our Standing Orders.

Hon. Senators, as you may have noticed, the Senate Majority Leader moved the Motion at Order No.9 on today's Order Paper, for the establishment of a Special Committee to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County. The Motion failed to be seconded, therefore, deemed to have been withdrawn pursuant to Standing Order No.71 of the Senate Standing Orders.

Hon. Senators, as I communicated earlier, by way of Message, on the resolution of the Kericho County Assembly made on 15th August, 2025, for the removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County, Section 33 (3) (a) of the County Governments Act and Standing Order No.80 (1) (b) of the Senate provide that the Senate may, by resolution, appoint a Special Committee comprising 11 of its Members to investigate the matter or investigate the matter in plenary.

The Motion having been withdrawn, the route of a Special Committee is abandoned. The Senate will proceed to investigate the proposed removal from office, by impeachment, of Hon. Eric Mutai, Governor of Kericho County, in plenary pursuant to Section 33 (a) of the County Governments Act and Standing Order No. 80 (1) (b) (ii) .

Hon. Senators, at its meeting held today, Wednesday, 20th August, 2025, the Senate Business Committee (SBC) considered the provisional dates for this investigation in the event that the matter was to be investigated in plenary. In line with the schedule of activities for an impeachment hearing in plenary, I hereby give the following directions-

Hon. Senators, I have a further Communication to make. I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of Ms. Carol-Ann Nicolene Esterhuizen, a Director of Legal Services from the National Assembly of Namibia and Andrew Kiprop Kalugul, a student from Moi High School, Kabarak. They are in the Senate for a benchmarking and study visit respectively.

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

I will call upon Sen. (Dr.) Khalwale and Sen. Oketch Gicheru to extend a word of welcome.

Mr. Speaker, Sir, thank you for the honour. We all know the great history of Namibia and the people of Namibia. It is, therefore, my pleasure to welcome the young lady. I hope that she will meet her expectations here in Kenya.

Welcome and thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I thank you for giving me this opportunity to also welcome the delegate from Namibia. During my high school days at the African Leadership Academy in South Africa, I got the opportunity to visit that country. We welcome her to Kenya and hope that she will learn the best from the ‘upper house’ and our Parliament in general.

I also wish the same to the student from Moi High School, Kabarak. This House deals with issues regarding money and resources that go to our counties and everything that touches on devolution. There is a lot to learn from this House and we welcome him to learn as much as he can from Parliament.

Thank you, Mr. Speaker, Sir, for the opportunity. I hope they will have a good time in the Senate.

with grave concern the allegations of bribery and extortion made against the institution of Parliament in general and the Senate in particular. The leadership of the Senate has also noted that the allegations have not included material particulars, including the specific individual Senators against whom the allegations of bribery are made.

Senators are called to a very high office of responsibility and accountability and are required under the Constitution to live up to a very high standard of integrity and accountability. This is the thrust of a number of provisions of the Constitution, including Articles 1(3) and 10, as well as Chapter Six on Leadership and Integrity of State Officers. Senators take and subscribe to an oath of office to obey, respect, uphold, preserve, protect and defend the Constitution. It follows, therefore, that allegations of bribery and extortion made against Senators merit the most urgent and deliberate action and intervention.

Hon. Senators, to fight corruption requires a systematic and integrated approach in which all organs of the Government collaborate and cooperate to the extent of their respective spheres. To this end, while there exist constitutional and statutory agencies for preventing, detecting and prosecuting corrupt acts and while the Judiciary adjudicates on such matters, the Legislature too has robust mechanisms for addressing the vice.

Hon. Senators, as you are aware, the Parliamentary Powers and Privileges Act, Cap.6 of the Laws of Kenya has an elaborate framework for Parliament to deal with errant legislators. Section 15(5) of this Act mandates the Committee of Powers and Privileges, which is chaired by the Speaker, either on its own Motion or as a result of a complaint made by any person to inquire into the conduct of a Member whose conduct is alleged to constitute breach of privilege in terms of Section 16 within 14 days of receipt of that particular complaint and to make recommendations to the House for its appropriate action.

Part of the conduct that is prohibited under this Act includes improper influence of Members of Parliament, fraud, intimidation, offer or promise of any inducement or benefit of any kind of a Member in the performance of the Member's functions. It is prohibited for Members to solicit, receive or accept any fee, compensation, gift, reward, favour or benefit of any kind to undertake or forego to undertake their functions.

Hon. Senators, for the Senate to invoke this framework, it is most helpful that the information available to the Executive and other organs and agencies or other persons is shared with the Senate.

As the Speaker of the Senate, I have not received any complaint or information relating to bribery, extortion or any other corrupt practice against a Senator from a member of the Executive, Ministries, Departments or Agencies of Government, a Governor or other County Government Agencies. If I do receive such a complaint, I am obligated and will take the necessary stern action without delay.

Concerns have also been expressed about the manner in which the Senate has prosecuted its mandate relating to the impeachment hearings for proposed removal of State officers. The conduct of the Senate in matters impeachment is a matter of public record. It does not show any consistent pattern of acquittals or confirmation of impeachment charges.

Of the 19 impeachment proceedings that the Senate has undertaken since 2014, in eight instances, the Senate has found the charges against a State officer to have been substantiated and has confirmed the impeachment. In nine instances, the Senate has found

the charges not to be substantiated and has not confirmed the impeachment against the State officers.

Notably, in two instances, the Senate has dismissed the proposed impeachments for failure to meet the threshold of the law. The Senate has conducted the impeachment proceedings in accordance with the Constitution and the laws, and has made its determinations on the basis of the evidence and the law.

Senate or county assemblies begin to develop “centres of oversight/influence”. In this regard, the county assemblies provide the first tier of oversight, while the Senate provides the second and final tier of oversight.”

This was a pronouncement by the court. In the end, the Supreme Court held that in the performance of its oversight role over county revenue, the Senate has powers to summon county governors to answer any questions or provide any requisite information.

On this matter of the oversight jurisdiction of the Senate, therefore, the Senate cannot yield or concede. Unless the Constitution is amended, the constitutional mandate of the Senate is not negotiable or discretionary.

Hon. Senators, there being no other business in the Order Paper, the Senate stands adjourned until Wednesday, 27th August, 2025 at 9.30