Thursday, October 17, 2024 At 2.30 P.m. - Supplementary I I

Thirteenth Parliament

Third Session (Supp. No. 111) (2096)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE SENATE

SUPPLEMENTARY ORDER PAPER II

AFTERNOON SITTING

THURSDAY, OCTOBER 17, 2024 AT 2.30 P.M.

PRAYER

1. 1. Communication from the Chair.
2. 2. PROCEDURAL MOTION – TO HOLD SITTINGS ON SATURDAY, 19TH

OCTOBER, 2024

(The Senate Majority Leader)

THAT, AWARE THAT, the National Assembly on 8th October, 2024 resolved, with the support of 282 members, being at least two-thirds of all Members of the National Assembly, that pursuant to the provisions of Article 145(2) as read with Article 150(1)(b) and (2) of the Constitution and standing order 65(2) of the National Assembly Standing Orders, His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya be removed from office, by impeachment, on the grounds specified in the Special Motion;

WHEREAS by letter Ref: NA/DLP/TBO/MTS/2024/(025) dated 8th October, 2024 and received in the Office of the Speaker of the Senate on 9th October, 2024 the Speaker of the National Assembly informed the Speaker of the Senate of the approval of the Special Motion by the National Assembly and further forwarded to the Speaker of the Senate, documents in evidence of the proceedings of the National Assembly;

AND WHEREAS, vide Kenya Gazette No. 13178 Vol. CXXVI – No. 163 dated 9th October, 2024, and Article 145(3)(a) of the Constitution, the Speaker of the Senate appointed Wednesday, 16th October, 2024 and Thursday, 17th October, 2024 as sittings convened for the purpose of hearing the proposed removal from office, by impeachment, of His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya in plenary;

…………………./Motion

(Supp. No. 111) THURSDAY, OCTOBER 17, 2024 (AFTERNOON SITTING) (2097)

FURTHER WHEREAS, pursuant to Article 145 as read with Article 150(1)(b) and (2) of the Constitution and standing orders 78 and 79 of the Senate Standing Orders, the Senate heard the National Assembly on the grounds for the proposed removal from office, by impeachment, of His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya;

AND FURTHER WHEREAS, pursuant to Article 145 as read with Article 150(1)(b) and (2) of the Constitution and standing orders 78 and 79 of the Senate Standing Orders, the Senate also heard Counsel for His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya during cross-examination of the witnesses for the National Assembly on the grounds of the proposed removal from office, by impeachment, of the Deputy President of the Republic of Kenya;

NOTING THAT His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya did not appear during the afternoon sitting of the Senate on Thursday, 17th October, 2024;

FURTHER NOTING THAT Counsel for His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya sought an adjournment of the Senate until Tuesday, 22nd October, 2024 at 9.00 am to allow His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya to appear and give evidence, if any, on the grounds for his proposed removal from office by impeachment;

FURTHER NOTING that pursuant to Article 145(4) of the Constitution, a proposed impeachment hearing for the removal from office of a Deputy President must be concluded within 10 days from the date of the reading of the charges, which period, in this case expires on Saturday, 19th October, 2024;

NOW THEREFORE, the Senate resolves –

(i) to adjourn the afternoon sitting of Thursday, 17th October, 2024; and (ii) pursuant to Standing Order 34(4)(c) of the Senate Standing Orders, to hold sittings on Saturday, 19th October, 2024 commencing at 9.00 am until 1.00 pm and 2.30 pm until conclusion of business in the Order Paper of the day;

in order to conclude the hearing and determination of the proposed removal from office, by impeachment, of the Deputy President of the Republic of Kenya.

1. 3. HEARING AND DETERMINATION ON THE PROPOSED REMOVAL FROM

OFFICE, BY IMPEACHMENT, OF HIS EXCELLENCY RIGATHI GACHAGUA,

EGH, DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA.

--XXX--

…………………./Hearing Programme

(Supp. No. 111) THURSDAY, OCTOBER 17, 2024 (AFTERNOON SITTING) (2098)

PARLIAMENT OF KENYA

THE SENATE

HEARING PROGRAMME IN PLENARY

PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF HIS

EXCELLENCY RIGATHI GACHAGUA, EGH, DEPUTY PRESIDENT OF THE

REPUBLIC OF KENYA

____________________________________________________________

The Clerk’s Chambers, The Senate, 1st Floor, Main Parliament Building,

NAIROBI, KENYA

OCTOBER, 2024

(Supp. No. 111) THURSDAY, OCTOBER 17, 2024 (AFTERNOON SITTING) (2099)

THURSDAY, 17TH OCTOBER, 2024

Venue: Senate Chamber, Nairobi

2.30 pm – 6.25 pm Evidence by His Excellency the Deputy President (Evidence of witnesses, if any, cross-examination and re- examination):

His Excellency the Deputy President - maximum of 2 hours for evidence of the witness and re-examination. National Assembly – maximum of 1hr 55 minutes for cross- examination.

6.25 pm – 7.25 pm Questions/Requests for Clarification by Senators

7:25 pm – 8:25 pm Closing Statement on behalf of the National Assembly (60

minutes)

8:25 pm – 9:25 pm Closing Statement on behalf of His Excellency the Deputy President (60 minutes)

9:25 pm – 10:00 pm Closed session of the Senate

10:00 pm Special Motion on the proposed removal from office, by impeachment, of His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya:

- Debate by Honourable Senators. - Final Submission, if any, by His Excellency Rigathi Gachagua, EGH, Deputy President of the Republic of Kenya. - Voting on the charges.

Adjournment

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