Amason Jeffah Kingi

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Hon. Senators, we now have quorum. We will proceed with today's business. Clerk, you may proceed to call the first Order. COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM TANA RIVER COUNTY...

Proceed, Senate Majority Leader.

Next Order. WINDING UP AND LIQUIDATION OF THE TUK STAFF RETIREMENT BENEFITS SCHEME (TUK-KSRBS). PAPERS LAID

Next Order. Statement pursuant to Standing Order No.53 (1) . Proceed, Sen. Esther Okenyuri. QUESTIONS AND STATEMENTS STATEMENTS FEMICIDE, ARBITRARY ARRESTS AND ABDUCTIONS OF KENYAN YOUTH

Senator for Kisumu County, Prof. Tom Ojenda. That Statement is dropped. (Statement dropped) Proceed, Sen. Chimera Raphael. MKATABA WA UCHIMBAJI TITANI WA KAMPUNI YA BASE IRON LTD

Proceed, Senator for Nandi. CONTEMPT OF SENATE COMMITTEES’ INVITATIONS BY COUNTY GOVERNORS

This session on reactions to statements will last for 15 minutes. Proceed, Sen. Joe Nyutu.

I am aware of that. Proceed, Sen. Joe Nyutu.

The Senator for Kisii County, Sen. Onyonka, you may proceed.

Sen. Miraj, you may proceed

Sen. Beatrice Ogola?

Sen. Wambua, proceed.

Sen. Abass, proceed.

Sen. Oketch Gicheru, proceed.

Order, Sen. Eddy. What is your point of order, Sen. Orwoba? We have heard you enough. What is your point of order?

Sen. Oketch Gicheru, proceed. You have made certain allegations, which you have to substantiate, regarding the structured abductions. (Sen. Cherarkey spoke off record) Order, Senator for Nandi.

Order, Sen. Oketch Gicheru. Order, hon. Senators. Senator for Nandi County, take your seat. (Sen. Cherarkey resumed his seat) (Sen. Orwoba consulted loudly) Order, Sen. Orwoba. Sen. Eddy, you are supposed to address the Chair, but not your colleagues. You have been called upon to substantiate an allegation that you...

Order, Sen. Joyce, I caution you. If you proceed; I will throw you out of the Chamber. Sen. Eddy, look for that document and read the particular resolution that you are relying on. I will allow you to do that tomorrow. You may not get the document right away. Look...

Order. Sit down. Take your seat. Senator for Kilifi, there is no Senator on their feet. You cannot raise a point of order. (Sen. Madzayo spoke off record) I did not refuse you. You did not catch my eye. Proceed, Sen. Okiya Omtatah.

Senator for Nandi County, you have made your case, kindly take your seat. Sen. Okiya Omtatah proceed to substantiate your allegations. (Loud consultations)

Just let Sen. Okiya Omtatah proceed to substantiate.

Order!

Sen. Okiya Omtatah, I am afraid that your three minutes are up.

COMMITTEE OF THE WHOLE [The Speaker (Hon. Kingi) left the Chair] IN THE COMMITTEE [The Temporary Speaker (Sen. Abdul Haji) in the Chair] THE METEOROLOGY BILL (SENATE BILLS NO.45 OF 2023)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Order, hon. Senators. We do have quorum now. So, let us get to work. Rev. Sen. Murgor, kindly take your seat. Clerk, you may proceed to call the first Order. COMMUNICATION...

Next Order. QUESTIONS AND STATEMENTS STATEMENTS Statement pursuant to Standing Order No.56 (1) (a) . The Chairperson Standing Committee on Health, proceed to read your Statement. Is there a Member of that Committee in the House? Sen. Nyutu, you may proceed to present that Statement. CURRENT STATE OF THE NATION...

Next Order. THE RICE BILL (SENATE BILLS NO.19 OF 2023) Proceed, Sen. (Dr.) James Murango.

(Bill withdrawn)It is so withdrawn. Next Order. THE COUNTY GOVERNMENTS ELECTION LAWS (AMENDMENT) BILL (SENATE BILLS NO.2 OF 2024) (Bill deferred)That Order is deferred for now. Next Order. THE COUNTY PUBLIC FINANCE LAWS (AMENDMENT) BILL (SENATE BILLS NO.39 OF 2023) When debate was interrupted, Sen. Veronica Maina had the Floor...

Sen. Osotsi, proceed to conclude your remarks.

Sen. Kathuri, you have the Floor.

Sen. Osotsi, you may bring an amendment in that regard. Sen. Chimera, you have the Floor.

I am informed that we do have quorum, so we will proceed with today’s business. Clerk, you may proceed to call the first Order. PAPERS LAID REPORTS OF THE AUDITOR-GENERAL ON FINANCIAL STATEMENTS OF VARIOUS ENTITIES Senate Majority Leader, proceed.

Statements pursuant to Standing Order No. 52 (1) . Hon. Sen. Dullo, proceed.

Sen. Crystal Asige, you had a personal Statement. Proceed. NAMING OF SEN. CRYSTAL ASIGE IN THE LIST OF 2024 TIME 100 HONOREES

Statements pursuant to Standing Order No.53 (1) . Proceed, hon. Senator for Marsabit County, Sen. Muhammed Chute. UTILISATION OF DEVELOPMENT FUNDS IN MARSABIT COUNTY

Conclude, Sen. Chute. REALLOCATION OF DEVELOPMENT FUNDS BY MARSABIT, TURKANA AND SAMBURU COUNTIES

Proceed, Sen. Essy. SAFETY AND EFFICACY OF THE POLIO VACCINE

Sen. Kisang’, proceed. COLLAPSE OF ESPM STRUCTURE UNDER CONSTRUCTION IN ITEN TOWN, ELGEYO MARAKWET COUNTY

Sen. Mwaruma, proceed. COMPENSATION FUND RELEASED FOR VICTIMS OF WILDLIFE ATTACKS

Sen. Seki, proceed. MEDICAL INTERNS REMUNERATION

Proceed, Hon. Senator. ALLOCATION OF BURSARY FUNDS BY ISIOLO COUNTY GOVERNMENT ALLEGED BREACH OF CONFIDENTIAL SUBSCRIBER INFORMATION BY SAFARICOM

Sen. for Nandi, Sen. Cherarkey, please proceed. INCURRED DEMURRAGE COSTS TO CONSUMERS OF PETROLEUM PRODUCTS

Sen. Hamida, please, proceed. INCREASE IN BIZARRE ABDUCTIONS AND MURDERS

Sen. Sigei Wakili, please proceed. STATUS OF ENGAGEMENT AND REMUNERATION OF ADMINISTRATORS, VILLAGE COUNCILS, AND PROGRAM OFFICERS

Sen. Tabitha Keroche. CLOSURE OF NAKURU WAR MEMORIAL HOSPITAL IN NAKURU COUNTY

The Chairperson Standing Committee on National Security and Foreign Relations. Chairperson Standing Committee on Finance and Budget. ACTIVITIES OF THE STANDING COMMITTEE ON FINANCE AND BUDGET

The Chairperson Standing Committee on National Cohesion, Equal Opportunity and Regional Integration. ACTIVITIES OF THE STANDING COMMITTEE ON NATIONAL COHESION, EQUAL OPPORTUNITY AND REGIONAL INTEGRATION

The Chairperson Standing Committee on National Security. STATUS OF IMPLEMENTATION OF THE MOTION ON THE STATE OF THE NATION

The Chairperson of the Senate Standing Committee on Justice, Legal Affairs and Human Rights, you are supposed to lay a Paper.

Proceed, please. PAPERS LAID REPOT ON THE CONSTITUTION OF KENYA (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.46 OF 2024)

The Chairperson Standing Committee on Land, Environment, and Natural Resources, Sen. (Dr.) Khalwale, proceed to table that Paper. REPORT ON THE LAND AMENDMENT BILL (NATIONAL ASSEMBLY BILLS NO.40 OF 2022)

Now, Statement pursuant to Standing Order No.57 (1) . The Senate Majority Leader, please proceed. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 12TH NOVEMBER, 2024

Thank you. We will now hear comments on those Statements for 15 minutes. Each Senator will be speaking for two minutes. Proceed, Sen. Olekina.

Clerk, do we have quorum? (The Clerk-at-the-Table consulted the Speaker) Serjeant-at-Arms, kindly, ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Order, hon. Senators. We now have quorum. We can proceed with today's business. Clerk, you may proceed to call the first Order. QUESTIONS AND STATEMENTS Hon....

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Education (Hon. Ogamba) : Thank you, Mr. Speaker, Sir, for the invitation. In order to answer that Question, I will give a background. The approved capitation rates to be provided by the Government for primary education is...

Verbatim text unavailable — read this contribution in the official Hansard.

Sen. Thang’wa, please, ask one question.

Sen. Wambua, you may proceed.

Sen. Orwoba, proceed.

Sen. Okenyuri, proceed.

Sen. Abass.

Yes, because the Cabinet Secretary has a few more questions to respond to. Maybe it will be captured in one of the questions that are going to be responded to. Hon. Cabinet Secretary, you may now proceed to respond to those questions. The Cabinet Secretary for Education (Hon. Ogamba) :...

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Education (Hon. Ogamba) : Thank you, Mr. Speaker, Sir, I do confirm that the Ministry of Education has effected the contents of the circular. The circular seeks to rationalise foreign travel and achieve prudence and cost-effectiveness in...

Sen. Cherarkey, proceed.

Sen. Onyonka, proceed?

Hon. Sen. Kisang’, proceed.

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Education (Hon. Ogamba) : Thank you, Mr. Speaker. The circular is quite clear on what essential travel is, and it states that essential travel is part of the fulfilment of state obligations and pursuant to the conduct...

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Education (Hon. Ogamba) : Mr. Speaker, Sir, registration and recruitment of teachers is a constitutional mandate of the Teachers Service Commission (TSC) as per Article 237 (2) of the Constitution. Upon consultation with the Commission over the...

Sen. Kathuri Murungi.

Sen. Eddy?

Sen. Wamatinga.

Sen. Richard Onyonka.

Before Sen. Abass poses his question, Sen. Onyonka, if you look at the response to the question by the Senator for Kakamega that we have just skipped, although we are coming back to it, there is a very long annexure there. You could look at it as you wait for...

Sen. Cherarkey, please, proceed.

Sen. Esie?

Sen. Gloria Orwoba.

Sen. Kavindu?

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Education (Hon. Ogamba) : Thank you, Mr. Speaker, Sir. In answering the question of the teachers being able to teach only one or two subjects, I indicated that more teachers are retooled to ensure that they teach...

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Education (Hon. Ogamba) : Thank you, Mr. Speaker, Sir. On part (a) of that question, the list of the learners who lost their lives in that unfortunate incident is as follows: [The Speaker (Hon. Kingi) left the...

Clerk, do we have quorum? (The Clerk-at-the-Table consulted the Speaker) Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Hon. Senators, we do have quorum now. Therefore, we will proceed with the afternoon business. Clerk, you may proceed to call the First Order. MESSAGE FROM...

Next Order. The Vice-Chairperson Mediation Committee to give their notice. NOTICE OF MOTION ADOPTION OF REPORT OF MEDIATION COMMITTEE ON THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILLS NO.55 OF 2022)

Next Order. Proceed, the Senator for Meru County, Hon. Kathuri Murungi. QUESTIONS AND STATEMENTS STATEMENTS INTERNSHIP OPPORTUNITIES BY THE PUBLIC SERVICE COMMISSION

Sen. Kisang. EFFORTS TO COMBAT PROLIFERATION OF COUNTERFEIT DIGITAL PRODUCTS

Proceed, Sen. Beth Syengo. SECURITY AND SAFETY OF FEMALE TAXI DRIVERS

The Hon. Senator for Kajiado County, Sen. Seki. That Statement is dropped. (Statement dropped) STATE OF NJORO KISIMA LAND, LR.NO. 9216 IN NJORO SUB-COUNTY COMPLIANCE OF REGULATIONS GOVERNING FKF TO THE CONSTITUTION OF KENYA

Proceed, Sen. Chute. IMPORTATION OF RICE BY KNTC

Hon. Senators, I will allow comments on those statements for 15 minutes. Proceed, Sen. Cherarkey.

Proceed, Sen. Olekina.

Proceed, Sen. Tabitha Mutinda.

Proceed, Sen. Faki.

Proceed, Sen. Kisang.

Proceed, Sen. Edwin Sifuna.

Proceed, Sen. Gloria Orwoba.

Proceed, Sen. Osotsi.

Proceed, Sen. Richard Onyonka.

The Senate Majority Leader.

Sen. Ledama, you have got a statement to request. Proceed. KILLING OF MR. EDWARD KAIRO BY AN OFFICER FROM ATPU IN NAROK COUNTY

Sen. Eddy, what is your point of order? NOTICE OF MOTION OF ADJOURNMENT RISING CASES OF FEMICIDE IN THE COUNTRY

Hon. Senators, I do ascertain the requisite threshold has been met. Therefore, the House will adjourn at 5.30 p.m.to discuss this Motion. Now, before I call the next order, allow me to make the following Communication. COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM STAREHE BOYS CENTRE AND KIANDA SCHOOL In...

The Senate Majority Leader and then I will give the Senator for Nairobi his time to extend words of welcome. You need not donate any time to him.

Senator for Nairobi.

Next order! The Senate Majority Leader? ALTERATION OF DATES FOR SITTINGS OF THE SENATE IN BUSIA COUNTY

Verbatim text unavailable — read this contribution in the official Hansard.

Mr. Speaker, Sir, I thank you for giving me this opportunity. From the onset, I rise to support this amazing Bill by the wonderful Senator for Meru. I am in the Finance and Budget Committee and have had the opportunity to interrogate this Bill many times. We had a lot...

for Finance. Also, you must realize that the CECM for Finance is a “puppet” of the governor. Let me not use that word, but the governor's person who is administering his finances.If that county assembly has issues with the governor, you must realise that that money will never be released....

Perhaps that conversation needs to be revived, so that we have a County Integrated Finance Management System to ensure that counties are accountable for the expenditure of their finances.I like the provisions of Clause 109(b) on the utilisation of the fund. It says in black and white that-“The fund shall...

Clerk, do we have quorum? (The Clerk-at-the-Table consulted the Speaker) Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) I am informed we do have quorum now. Serjeant-at-Arms, you may stop the Bell. Clerk, proceed to call the first Order. COMMUNICATIONS FROM THE CHAIR VISITING...

Hon. Senators, as you may recall, at the morning sitting of the Senate, held on Wednesday, 18th September, 2024, I directed Sen. Peris Tobiko, MP, to substantiate utterances made in the course of her contribution on a supplementary question to the Cabinet Secretary for Roads and Transport. The direction was...

“If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the...

Sen. Tobiko, I did not give you an opportunity so that you explain yourself. I have already ruled on this matter.

There are two things you need to do, Sen. Tobiko; you either withdraw and apologize or sit and I rule that you are disorderly and proceed to ask you to leave the Chamber. So, are you going to withdraw and apologize?

Which is not admissible. I have already ruled.

Are you withdrawing or apologizing?

Pursuant to Standing Order No.121, Sen. Tobiko, I rule you out of order and ask you to withdraw from the Chamber for the rest of today's sitting. RESOLUTIONS ON THE CURRENT STATE OF THE NATION Hon. Senators, as you may recall, on 24th July, 2024, the Senate passed a Motion...

You may still be in process, but we need to know how far you have you gone in the implementation of these resolutions. No chairperson of these Committees will be allowed to transact any business other than this. So, dispense with this business before you give us a report on...

Proceed, Sen. Sifuna then Sen. Enoch, so that I take them in the same breath.

Sen. Wambua, you may proceed.

Thank you. Hon. Senators, let us make progress on this matter. Allow me to take the clarification as sought by Sen. (Dr) . Khalwale on the videos. Yes, Senator, we have been receiving quite several videos, especially when we are handling impeachment proceedings. However, the difficulty that I had in...

Sen. Osotsi, just table your evidence and take your seat. Upon review, I will be able to pick the dates and everything else. Just table your evidence. (Sen. Cherarkey spoke off record)

Order, Senator for Nandi County. Why are you uncomfortable with the Senator for--- Sen. Osotsi, table whatever you have and take your seat. Just table your evidence. You do not need to explain.

Order, Sen. Osotsi. The Speaker is not concerned about what you receive from Kenyans. (Sen. Cherarkey spoke off record) Senator for Nandi County, the Chair is speaking. Sen. Osotsi, the Speaker is not concerned about the many reports of views that you have received from Kenyans. The Speaker is concerned...

Sen. Osotsi, you have enough protection from the Chair. Senator for Nandi, I am cautioning you for the day. If you disrupt these proceedings any further, I will rule you out of order. You know the consequences that will follow. Allow Sen. Osotsi to table his evidence. Sen. Osotsi, the...

Hon. Senators, we are making progress.

Sen. Faki, there is no Senator on their feet. How can you raise a point of order? Order, hon. Senators. I will allow Sen. Faki to seek his clarification, which is certainly not a point of order.

Order, hon. Senators. Senate Majority Leader ---

Order, Sen. Faki, to observe decorum. The Senate Majority Leader, the Chair knows exactly how to guide this House. Let the hon. Member seek his clarification, and the Chair will give directions. Sen. Orwoba, you do not shout across the aisle. Senator for Nandi, I have just said that you...

Sen. Faki, I will review the video and rule on it. I will communicate the video's contents to the House. Sen. Sifuna, proceed.

Thank you, Mr. Speaker, Sir. On behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate, today, 29th October, 2024- PAPERS LAID

Next Order. NOTICES OF MOTIONS ALTERATION OF DATES FOR SITTINGS OF THE SENATE IN BUSIA COUNTY Senate Majority Leader, proceed.

Proceed, Sen. Lemaletian. INTERNSHIP OPPORTUNITIES BY THE PUBLIC SERVICE COMMISSION Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the long-standing land ownership dispute over the Ol jorai Farm in Eburru/Mbaruk Ward in...

Let us go to the next Order. NOTING OF REPORT ON THE EXTRAORDINARY SESSION OF THE SIXTH PARLIAMENT OF PAP Hon. Senators, kindly take your seats. We only need 15 Senators to put the question on this particular matter. Since it is not a matter affecting counties, we do not...

The Senate Majority Leader, you may proceed to second.

[The Speaker (Hon. Kingi) left the Chair] [The Temporary Speaker (Sen. Abdul Hajji) in the Chair]

Clerk, do we have quorum? (The Clerk-at-the-Table consulted with the Speaker) Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Order, hon. Senators. I am informed that we now have a quorum. Please take your seats. Clerk, you may proceed to call the first Order....

Next Order. MESSAGES FROM THE NATIONAL ASSEMBLY APPROVAL BY THE NATIONAL ASSEMBLY OF THE MEDIATED VERSION OF THE SUGAR BILL (NATIONAL ASSEMBLY BILLS NO.34 OF 2022) Hon. Senators, I wish to report to the Senate that, I have, pursuant to Standing Order No.46 (3) , received the following Message from...

Next order. QUESTIONS AND STATEMENTS STATEMENTS Statements Pursuant to Standing Order No.53 (1) , Sen. Hamida Kibwana, proceed. STATE OF FACILITIES AND SERVICES AT MAMA LUCY KIBAKI HOSPITAL IN NAIROBI

Proceed, Sen. Kibwana. LACK OF PRAYER ROOM FOR MUSLIM STUDENTS AT MOI GIRLS HIGH SCHOOL, NAIROBI

Sen. Mwaruma, you may proceed. ALTERATION OF BOUNDARY BETWEEN TAITA TAVETA AND KAJIADO COUNTIES

Next Statement is by Sen. Onyonka. Is Sen. Onyonka not here? That Statement is dropped. STATE OF NAIROBI FUNERAL HOME Sen. Onyonka had two Statements and both of them are dropped. IMPLEMENTATION OF EDIBLE OIL CROPS PROMOTION PROJECT BY AFA Sen. Allan Chesang, please proceed. OPERATIONALIZATION OF MULTIPLE BANK ACCOUNTS...

Sen. Cherarkey, proceed. INDEFINITE CLOSURE OF MOI UNIVERSITY

Senate Majority Leader. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 29TH OCTOBER, 2024

Hon. Senators, I will allow comments for 15 minutes. We may have to agree on the time per Senator to speak for two minutes. So, I am going to allow comments for 15 minutes with each Senator speaking for a maximum of two minutes. Sen. Mwaruma, proceed.

Senator for Nandi, proceed.

Senator for Nandi County, that matter was discussed during the Senate Business Committee (SBC) meeting and I understand that instructions were given to make sure that the services are offered without any interruption, despite the fact that the National Assembly is on recess. If there are any instances that hon....

Sen. Methu, proceed.

Proceed, Senator for Uasin Gishu County.

Sen. Sifuna proceed.

Sen. Mungatana, proceed.

Sen. Faki, proceed.

Sen. Veronica Maina.

Allow me to make the following Communication. COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM KALYONGWET SECONDARY SCHOOL, KERICHO COUNTY

Thank you. Hon. Senators, as directed, we will interrupt on Order No.8 and move to Order No.9. Upon conclusion of Division, we will resume debate under Order No. 8. Clerk, call that Order. ADOPTION OF THE MEDIATION COMMITTEE REPORT ON THE SUGAR BILL (NATIONAL ASSEMBLY BILLS NO.34 OF 2022) Sen....

Serjeant-at-Arms, kindly ring the Division bell for two minutes. (The Division Bell was rung) Hon. Senators, this is a matter that affects counties and, therefore, voting shall be by delegations. Sen. Mariam and Sen. Beatrice Akinyi, you have been given rights to vote, so you will vote from your seat....

Sen. Orwoba, please, proceed.

Proceed, Sen. Osotsi.

What is your point of order, Sen. Mandago?

Sen. Osotsi, kindly proceed to substantiate.

Sen. Osotsi, you have made one more allegation. The first one was that the good Professor was chased away from the university on tribal basis. Secondly, that the Senator for Uasin Gishu County, Sen. Mandago, was directly involved in chasing away the Professor. You need to substantiate those two allegations.

Hon. Osotsi has requested for time, so that he can substantiate. Sen. Osotsi, you will proceed to substantiate next week. Sen. (Dr.) Khalwale, you can proceed to inform Sen. Osotsi.

Order, Hon. Senators. Sen. Boni, take your seat. Senator for Nandi, you cannot rise on a point of order against a point of information. Now, very serious allegations have been made by the Senator for Vihiga. He has requested for time to enable him substantiate. Sen. Boni, what you are...

Senate Majority Leader, take your seat. You will resume your contribution. Two allegations had been made. One, that the professor had been ejected from Moi University based on tribalism and the second allegation was directed to the Senator for Uasin Gishu. I directed Sen. Osotsi to substantiate, which he sought...

Sen. Boni, you are out of order. I will ask you to leave the Chamber for the rest of today’s Sitting. (Sen. (Dr.) Khalwale withdrew from the Chamber) (Loud consultations)

Order, hon. Senators.

Proceed, Sen. Ogola.

Proceed, Sen. Chute.

Sen. Kisang, you have the Floor.

Proceed, Sen. Tabitha Keroche.

Proceed, Sen. Abass. Sen. Tabitha Keroche, you had your two minutes.

Sen. Tabitha Keroche, proceed to take one minute from Sen. Abass.

Sen. Tabitha Keroche, kindly correct that statement.

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Order, hon. Senators. Sen. Mbugua just take your seat, please. (Sen. Mbugua took his seat) Clerk, proceed to call the next Order. PAPERS LAID THE 2024 BUDGET REVIEW AND OUTLOOK PAPER...

Chairperson of Standing Committee on Roads, Transportation and Housing or any Member of the Committee. Senate Majority Leader, would you please lay the Paper on behalf of the Chairperson Standing Committee on Roads and Transportation.

Next Order. QUESTIONS AND STATEMENTS STATEMENTS Statement pursuant to Standing Order No.53 (1) . Hon. Sen. Mwaruma, MP. The Statement is dropped. OPERATIONS OF TAVEVO WATER COMPANY IN TAITA TAVETA COUNTY Sen. Onyonka proceed. This Statement is dropped. TERMINATION OF SERVICE OF PROF. STEPHEN KIAMA GITAHI FROM THE POSITION OF...

Proceed. ALLEGED DELAY IN DISBURSEMENT OF GRATUITY TO WARD OFFICERS BY MARSABIT COUNTY GOVERNMENT

Sen. Osotsi proceed. OPERATIONS OF VIHIGA COUNTY PUBLIC SERVICE BOARD

Senator for Nandi County proceed.

Next Order. CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL (SENATE BILLS NO.19 OF 2024) (Question put)Clerk, we have the requisite quorum. Hon. Senators, I will now proceed to put the Question.(No response from the Senators)Hon. Senators, I am going to put the question because...

It is procedural. (The Clerk at-the-Table and Sen. Cheruiyot consulted with the Speaker) Senate Majority Leader, please proceed. (Loud consultations)

Hon. Senators, I will now put the question. (Question put and negatived) Next Order. ADOPTION OF REPORT OF THE MEDIATION COMMITTEE ON THE SUGAR BILL, (NATIONAL ASSEMBLY BILLS NO.34 OF 2022) At the interruption of the debate on Tuesday 22nd, the hon. Senator for Nandi County was on his feet...

Proceed, Sen. Sifuna.

Proceed, Sen. Boy.

Proceed, Sen. Oketch Gicheru.

Senator Mungatana, MGH.

Sen. Ogola, proceed.

Clerk, do we have quorum? (The Clerk-at the-Table consulted the Speaker) Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Hon. Senators, I am informed that we do have quorum. Kindly take your seats. Clerk, you may proceed to call the first Order. PAPERS LAID...

The Chairperson of the Mediation Committee on the Water (Amendment Bill) (National Assembly Bills No.33 of 2023.) Sen. Beatrice, are you a Member of that Committee?

You may proceed then to lay the Paper. REPORT OF THE MEDIATION COMMITTEE ON THE WATER (AMENDMENT) BILL (NATIONAL ASSEMBLY BILLS NO.33 OF 2023

The Chairperson of the Mediation Committee on the Sugar Bill (National Assembly No.34 of 2022) . REPORT OF THE MEDIATION COMMITTEE ON THE SUGAR BILL (NATIONAL ASSEMBLY BILLS NO.34 OF 2022)

Next Order. NOTICES OF MOTIONS ADOPTION OF REPORT OF THE MEDIATION COMMITTEE ON THE WATER (AMENDMENT) BILL, (NATIONAL ASSEMBLY BILLS NO.33 OF 2023) The Chairperson of the Mediation Committee to give Notice of the Motion on the Report of Mediation Committee on the Water (Amendment) Bill (National Assembly Bills No.33...

The Chairperson of the Mediation Committee on the Sugar Bill (National Assembly Bills No.34 of 2022) , proceed to give your notice.

Next Order. QUESTIONS AND STATEMENTS STATEMENTS Statement pursuant to Standing Order No.53 (1) . OPERATIONS OF TAVEVO WATER COMPANY IN TAITA-TAVETA COUNTY CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS BILL (SENATE BILLS NO.19 OF 2024) This is resumption of a debate that was interrupted on...

Hon. Senators, before I allow the next speaker to take to the Floor, allow me to make the following Communication. (Interruption of debate on Motion) COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM KABIANGA UNIVERSITY, KERICHO COUNTY Hon. Senators, I would like to acknowledge the presence, in the public gallery this...

Sen. Beatrice Ogola, you have the Floor.

Sen. Abass, you have the Floor, you may proceed to contribute to the Motion. (Resumption of debate on Motion)

Sen. Kisang, proceed.

Sen. Wambua, proceed.

Sen. Mo Fire, please proceed.

Sen. Kinyua, the floor is yours.

Proceed, Sen. Osotsi.

Proceed, Sen. Okiya Omtatah.

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Hon. Senators, we do have quorum now. Kindly take your seats. Clerk, you may now call the first Order. Now, during yesterday's session, there is a volume that had been made...

May the same be admitted and be made available to all Hon. Senators. Next Order. HEARING AND DETERMINATION ON THE PROPOSED REMOVAL FROM OFFICE BY IMPEACHMENT OF H.E RIGATHI GACHAGUA, E.G. H., DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA PRESENTATION OF THE CASE OF THE NATIONAL ASSEMBLY Hon. Senators, ladies...

You will be noting the questions and the clarifications sought from the hon. Senators. The hon. Senator for Nandi County, please proceed.

Sen. Kinyua,

Sen. Fatuma Dullo.

Sen. Beatrice Akinyi, please proceed. If you are in the first round, Hon. Senators, allow others to also get an opportunity to seek clarifications

Proceed, Sen. Lelegwe.

Proceed, Sen. Eddy.

Proceed, Sen. Seki.

Proceed, Sen. Hamida Kibwana.

Proceed, Sen. Wakili Sigei.

Proceed, Sen. Batuli Betty Montet.

Proceed, Sen. Essy Okenyuri.

Proceed, Sen. Cheruiyot Aaron.

Proceed, Sen. (Prof.) Kamar.

Proceed, Sen. Kathuri.

Sen. Okiya Omtatah, proceed.

Sen. Chute.

Hon. Senators, we will conduct ourselves in decorum. We are not in any way going to demean the witnesses. Ask your question, but stick to the rules of this House. Proceed, Sen. Beth Syengo.

Sen. Chimera.

Sen. Onyonka.

Hon. Mutuse, you may now proceed to respond. You have exactly 10 minutes to do that.

Thank you. Let us have the second witness. As the Counsel for the Deputy President responds or clarifies on the issues raised towards them, may we have the second witness available for purposes of clarifications. Counsel, you may proceed.

How many minutes, clerk?

The second witness. Proceed. (The witness for the National Assembly (Mr. Andrew Mulwa) was ushered into the Chamber) (Loud consultations)

Sen. Okenyuri, proceed. The witness has gotten the question.

Sen. Kavindu Muthama, proceed.

Sen. (Dr.) Khalwale, proceed.

Sen. Kibwana, proceed.

Sen. Wafula ?

Sen. Faki?

Sen. Mumma?

Sen. Mariam.

Witness, you may now proceed to make the clarifications as sought by the hon. Senators. You have 10 minutes to do that.

There are some clarifications that were sought from Counsel Macharia.

Counsel for the National Assembly, there is a clarification sought by Sen. Kavindu Muthama. If you proceed to clarify, then we may close and move to the third witness. Dr. Muthomi Thiankolu: Thank you, Mr. Speaker, Sir. The first question was whether there is any law preventing the Deputy President...

Counsel for the National Assembly, what do you say?

Please call in the witness. (The witness for the National Assembly, (Mr. Abdi Mohamud), took the stand) Have the witness on this side, where the others took the Oath. I would like to remind the Counsel for the National Assembly, you have 20 minutes to conclude on your case. The...

Before the witness takes an Oath, Counsel for the Deputy President, you do confirm that you understand and know the documents that the witness will produce as contained in Volume 8A. I believe these are the documents in respect to which I made a ruling yesterday, to have them admitted.

Thank you, Senior Counsel. As the Chair, I cannot allow trial by ambush. Proceed. Thank you. (The witness for the National Assembly, (Mr. Abdi Mohamud) took the oath)

Counsel for the Deputy President, you may now proceed to cross-examine the witness.

Mr. Witness, the Counsel is asking you to read a certain paragraph. Just read it.

Just hold on, witness. Counsel Njiru.

Counsel, are you done?

Thank you. We will now move to allow hon. Senators to ask questions or seek clarifications, starting with the Senator for Nairobi City County. Okay, Sen. Oketch Gicheru, proceed.

Sen. Mungatana, proceed.

Sen. Chesang, proceed.

Sen. Dullo, proceed.

Sen. Korir, proceed.

Sen. Thang’wa, proceed.

Sen. Sigei?

Sen. Kibwana? Hon. Senators, when you are given an opportunity to seek clarification or ask a question, it is not a moment to get a TikTok clip. (Laughter)Please, this is a very serious matter. Let us not embarrass this House. Proceed,

Sen. Kathuri, proceed.

Order, hon. Senators. Sen. Karungo, that is unparliamentary and totally out of order. Proceed to retract that statement, failure to which the Chair will rule.

Take your seat, Sen. Karungo, please. Sen. Tabitha Keroche?

Sen. Richard Onyonka.

Sen. Karen Nyamu, proceed.

Sen. Ojienda?

Sen. Okenyuri?

Sen. Wambua, proceed.

Sen. Aaron Cheruiyot, please proceed.

Sen. Murango, please, proceed.

Sen. Omogeni, please proceed.

Sen. Boni.

Sen. Cherarkey.

Sen. Mutinda Tabitha, please proceed.

Sen. Montet Batuli, please proceed.

Sen. Veronica, please proceed.

Witness, you may now proceed to respond. (Sen. Seki spoke off record) Hon. Seki, this hearing will terminate beyond midnight today. An Hon Senator: Then we can get another day. Let the witness respond to the queries that have been sought. Thereafter, we will go for another round. Is there...

Order, hon. Senators.

Take your seat. Now, hon. Seki, hon. Chute and hon. Omtata, you are totally out of order, pursuant to Standing Order No.121 and I am cautioning you. The first caution for the day. Hon. Chute, every Senator here is elected to represent their people. If you noticed from yesterday, we...

Thank you so much, Senior Counsel. That was courtesy of my good friend, Sen. Seki. Ordinarily, we have been giving witnesses 10 minutes to respond to clarifications and questions sought. So far, you have done four minutes and 13 seconds. You have five minutes and 47 seconds to conclude.

Very well. Now we move to the second round. Sen. Okiya omtatah, you have the Floor.

It is running low for everybody.

Proceed, Sen. Chute.

Sen. Githuku. You may proceed.

The Senator who was elected by the people of Kajiado County, Sen. Seki. (Applause)

Sen. Miraj, you may proceed. (Sen. Miraj spoke off record) Sen. Miraj, if you do not have any question, then log out. You may now proceed. Thereafter, we will have an opportunity for the counsel for the Deputy President to respond to the clarification sought. You have five minutes.

Counsel for the Deputy President, we will give you 10 minutes starting now.

Thank you, Counsel for the Deputy President. Counsel Ndegwa, you have something to pick or do we conclude it at that?

Let us do this, instead of the House rising at 1.05

He is discharged. (The witness for the National Assembly (Mr. Abdi Mohamud) was ushered out of the Chamber)

The Counsel for the National Assembly will take us to the rise of the House. You have nine minutes. Mr. Peter Wanyama: Mr. Speaker, Sir, I am here to respond on behalf of the National Assembly on only two questions. Listening to the Deputy President's side, I believe they have...

Counsel for the National Assembly---

Counsel for National Assembly, reserve other matters for submission.

Thank you. Hon. Senators, if you keep time, we will start with the Deputy President at exactly 2.30 p.m. We will save time so that we do not have to ring the bell for a quorum. If we can start taking the evidence from the Deputy President at 2.30 p.m.,...

Clerk, do we have quorum? (The Clerk-at-the-Table consulted with the Speaker) Hon. Senators, please take your seats. We do have quorum. We will straightaway go to this afternoon’s business. Clerk, you may now call the first Order. HEARING AND DETERMINATION ON THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF HIS...

Thank you. Senior Counsel, Hon. Paul Muite, if you are ready, you may usher in your witness.

For the record, I will ask the National Assembly to officially rest their matter to allow you to usher in your witness. Once your witness takes the stand, you will have two hours to present your case. The National Assembly will have one and a half hours for purposes of...

Counsel for the National Assembly, you had listed quite a number of witnesses. For the record, are you going to call all of them, or are you going to close your case where we are?

Senior Counsel, Hon. Paul Muite proceed.

Counsel for the National Assembly, let me get it clear. Was the affidavit by the Nairobi City County Governor filed after the proceedings of the National Assembly or does it form part and parcel of the proceedings that came from the National Assembly?

Just so that we make progress. Senior Counsel, you have indicated that the affidavit by the Hon. Governor for Nairobi City County did not form part of the documents that emanated from the National Assembly. Now, the position as held by the Counsel of the National Assembly is to the...

Let us now move to the two. Have a seat, Senior Counsel. Counsel for the National Assembly.

Respond to the two more affidavits, because the contention from the Counsel of the Deputy President is that they were filed after the record was received from the National Assembly by the Senate.

Let us settle that and make progress. We need not argue on this matter.

If you understood the Senior Counsel, it is that affidavit that they are looking forward to cross-examining the deponent. Now that you have closed your case, the argument from the Counsel of the Deputy President is, how then are we going to test the truth of those affirmants? What do...

Let us hear from the Senator for Nairobi City County, before I give my way forward.

I would like us to make progress. Senior Counsel has raised an important matter, which has been responded to by the Counsel for the National Assembly. Hon. Senators, there is an affidavit sworn by one Njomo Muchira, who had been listed to appear as a witness, for and on behalf...

I have given direction on this particular matter. Let us move forward. Having said that, Senior Counsel Paul Muite, if you are ready, you may now usher in your witness. Mheshimiwa Speaker, we are anxiously waiting for the Deputy President. My colleagues can stand in for me as I make...

Hon. Senators, at the rise of the House at 1.15 p.m., I made it clear that upon resumption, the Deputy President was going to take the stand. We came in here and I communicated the programme for the afternoon. I said we were going to execute with military precision owing...

Let me just conclude, Senior Counsel. Your time started running at the time I requested you to usher in your witness. You indicated that you are getting hold of your witness. We will give you all the time you need to get hold of your witness, but to let you...

Order, hon. Senators. Now, Counsel for the National Assembly, you have heard Senior Counsel, Hon. Paul Muite, for and on behalf of the Deputy President. Considering that this is a time-bound process, what is your reaction?

Counsel for the National Assembly, kindly take your seat before you make your rejoinder. Senior Counsel, Hon. Paul Muite, having said whatever you have said, what is your proposed way forward, so that a reaction can be put from the National Assembly? Are you telling us to wait until your...

Very well. Proceed, Counsel for the National Assembly.

Let me pick the wisdom of my wonderful Senators before I make my decision on the way forward. I understand that all of you are wise men and women.

We have two sides in the House; the Majority side and the Minority side. I will only allow the two leaders to speak. If you need to consult, you can do so in the next one minute. (Consultations) Hon. Senators, the Standing Orders have not been suspended yet. It is...

Senior Counsel, Hon. Paul Muite, if I understand you correctly, you are applying to the Senate for your client to be given a couple of days. Now, a couple of days does not mean much.

Counsel for the National Assembly, proceed.

Senior Counsel, Hon. Paul Muite?

Senior Counsel, Hon. Paul Muite, there is a hypothetical question that was raised by Senior Counsel Hon. Orengo. Assuming the Senate is inclined to grant your client up to Tuesday, and by then he is unable to attend the Senate, what then would be the way forward?

Hon. Senators, let me apologise for taking more than the five minutes. The matters that had been raised are weighty, but I am ready with my ruling. I will proceed to deliver it. COMMUNICATION FROM THE CHAIR ABSENCE OF THE DEPUTY PRESIDENT AT THE AFTERNOON SITTING OF THE SENATE HELD...

Order, hon. Senators. It pays to be attentive. I have just said this is a Procedural Motion. Therefore, it does not require a notice. The Senate Minority Leader (Sen. Madzayo) : Bw. Spika, naunga mkono Hoja hii ili tuwe na nafasi ya kumsikiliza Naibu wa Rais siku ya Jumamosi. Tunaelewa...

Hon. Senators, I will propose the Question. (Question proposed) Now, hon. Senators, we have been here before. This is a Procedural Motion; we rarely debate Procedural Motions. It is either we agree with it or we do not agree with it. With your consensus, I may move to put the...

CLOSING STATEMENTS ON BEHALF OF THE Counsel for the National Assembly, the Floor is yours. You have up to 60 minutes.

Order, hon. Senators. Senator for Nandi County, take your seat. Sen. Kisang, may the Counsel for the National Assembly be heard in silence.

Are you done now with your submissions?

Thank you. Now, hon. Senators, I will refer you to the programme. You will notice that after the closing statements from the parties, the Senate is supposed to move to a closed session to deliberate on the issues that have been raised and that is pursuant to our Rules of...

The media and live broadcast have to cease forthwith. (The House adjourned temporarily at 7.19 p.m.) (All members of the public and the media withdrew from the galleries) (The House went into an in-camera session) (End of in-camera session) (The House resumed at 7.39 p.m.) [The Speaker (Hon. Kingi) in...

Majority Leader, you are called upon to give notice.

Next Order. SPECIAL MOTION PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF H. E. RIGATHI GACHAGUA, EGH, THE DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA Proceed, the Senate Majority Leader.

Now, hon, Senators, the Floor is open to debate. The hon. Senator for Nandi Sen. Samson Cherarkey, as we have already agreed, you have a maximum of five minutes. You need not take the maximum five minutes.

Sen. Wambua, proceed.

Sen. Tom Odhiambo Ojienda, SC?

Senator Tabitha Karanja. (Laughter)

Sen. Tabitha Karanja.

Proceed, Sen. Okiya Omtatah.

Sen. Ali Roba, proceed.

Sen. Karungo, please, proceed.

Sen. Edwin Sifuna.

Sen. Tabitha, when you were speaking, the Senators gave you a pin drop silence. The same must be extended to the Senator for Nairobi City. Sit down, Sen. Mo Fire. Proceed.

Proceed, Sen. Karen Nyamu.

Proceed, Sen. M. Kajwang’.

Your time is up. Let us now listen to Sen. (Dr.) Murango.

There is a lot of movement in the Chamber, let us take our seats, please. Let us hear the hon. Senator in silence.

Sen. Seki, the Senator who was elected by the people of Kajiado County. (Laughter)

Sen. Faki, proceed.

Sen. Orwoba, proceed.

Order, hon. Senators. Sen. Methu, you were heard in silence. The Senator for Nandi, you were heard in silence. Extend the same treatment to Sen. Kavindu.

Order, hon. Senators. Sen. Methu, you were heard in silence. The Senator for Nandi, you were heard in silence. Extend the same treatment to Sen. Kavindu. Thank you, Mr. Speaker, Sir, for this opportunity also to make one or two comments on this important exercise. Many Kenyans are wondering why...

Mr. Speaker, Sir, I was trying to say that this House has brought deputy governors, governors and now the Deputy President. What we are doing is a constitutional mandate. Therefore, I will ask Kenyans to bear with the Constitution. It is the Constitution, which has brought us to where we...

Senator for Nandi, go back to your seat your usual seat. It may be lonely, but please stick there. Proceed, Sen. Kathuri.

Sen. Crystal Asige.

Sen. Joe Nyutu, proceed.

Just pause the time for Sen. Omogeni. Let us allow Sen. Omogeni to be heard in total silence, please.

the Deputy President, he was okay in this House the entire time, and then when asked, you are saying you cannot be able to account for his whereabouts.We know that the Deputy President must also be taken care of by the Director General (DG) of Health who could have given...

brought here by his Counsel. That evidence of the coalition agreement of Kenya Kwanza was not sufficient and convincing.In fact, the Deputy President conveniently--

I thank you.

(Loud Consultations)

Thank you. Hon. Senators, these are the guidelines on how we will move forward- One, all hon. Senators are eligible to cast their votes. Secondly, the threshold is 45 Senators, so there ought to be 45 Senators in the Chamber. We will vote for the charges separately. So, we will...

Clerk, do we have a quorum? (The Clerk-at-the-Table consulted with the Speaker) Serjeant-at-Arms, kindly ring the quorum Bell for 10 minutes. (The Quorum Bell was rung) Hon. Senators, please take your seats. I am informed that we do have quorum now. We will now proceed with our session. Clerk, proceed...

I similarly now invite the Counsel for His Excellency, Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya to introduce the legal team representing His Excellency the Deputy President by stating the full names and designation of each person. Counsel, you may proceed. INTRODUCTION OF HIS EXCELLENCY THE...

Hon. Senators, ladies and gentlemen, on behalf of the Senate, I welcome the National Assembly and its team, His Excellency Rigathi Gachagua, EGH, the Deputy President of the Republic of Kenya and his team, members of the public and the media to the Senate and to these proceedings. As you...

Counsel for His Excellency, if you look at our programme, the preliminary objections were to be raised after His Excellency has taken plea. Therefore, we will allow the Clerk to read the charges. Before anything else, I will allow the Counsel for the National Assembly to respond, and, then thereafter,...

Clerk, just pause for a minute. Hon. Senator, just put your mobile phones on silent mode, please. Proceed, Clerk. The Clerk of the Senate (Mr. Jeremiah Nyegenye) : His Excellency Rigathi Gachagua’s utterances throughout the past two years, undermine the promotion of national unity in the context of Kenyan society's...

Counsel for the Deputy President, take your seat first. You will have your moment. (The Clerk-At-The-Table consulted with the Speaker) PRELIMINARY MATTERS AND OBJECTIONS OBJECTION TO THE APPEARANCE OF HON. JAMES ORENGO, SC AS COUNSEL FOR THE NATIONAL ASSEMBLY

Thank you. Counsel, for His Excellency, the Deputy President, you may proceed.

Senior Counsel, do not go to that line of argument if the evidence of him acting pro bono has not been laid on the Table. Has the evidence of him earning been put on the table?

Counsel for the National Assembly, you have one and a half minutes to respond. You may respond now or after the lunch break.

Hon. Members, I will deliver a ruling at 2.30 p.m. then allow the Counsel for the National Assembly to respond to the second limb of the objection. The Senate rose at 1.15 p.m.

Clerk, do we have quorum? (The Clerk-at-the-Table consulted the Speaker) Clerk, proceed to call the first Order. COMMUNICATION FROM THE CHAIR RULING ON THE PRELIMINARY OBJECTION ON APPEARANCE OF HON. GOVERNOR JAMES ORENGO, SC, AS COUNSEL FOR THE NATIONAL ASSEMBLY Hon. Senators, this morning at the commencement of the hearing...

Thank you. Hon. Senators, ladies and gentlemen, we need not take a break to allow me prepare my ruling. Just give me a minute; I put my thoughts together so that we may make progress.

Verbatim text unavailable — read this contribution in the official Hansard.

Counsel for the Deputy President, what say you?

Counsel for the National Assembly.

Counsel for Deputy President, do I get it that you have no problem with the first request made by the National Assembly?

Clerk, has that document been made available to the Deputy President’s team? In the next few seconds, make it available so that we make progress. Hon. Senators, if there is any Senator who has not gotten that document, let the Chair know so that we supply it to you. Sen....

Take your seat, Counsel. Senior Counsel Paul Muite, are you in receipt of the document now?

Thank you for your wisdom, Senior Counsel. The other limb that has been raised is on the issue of summons to witnesses. If you look at our Rules of Procedure, particularly Rule No.10 which provides as follows: “The Senate may at the request of the National Assembly or the President...

Senior Counsel Paul Muite, you are actually arguing your case. I said that there was invitation sent to both parties and each party was requested to submit a list of witnesses. The National Assembly submitted a list of witnesses with a request under Rule 10 of our Rules of Procedure...

We will move to the second limb of this hearing. Clerk, call the next Order. Summons should be issued to those witnesses. HEARING AND DETERMINATION OF THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF H. E. RIGATHI GACHAGUA, EGH, THE DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA Hon. Senators, ladies...

Senior Counsel Orengo, are those abatements contained?

Counsels, I cannot tell you how you will make your opening statements. If you go outside the allegations, that is up to you. The Senators are here listening and they will make the necessary decision at the end of it. Senior Counsel Orengo, there is an averment that you have...

Counsel, ordinarily no objections are raised during the 30 minutes of opening statements. I have tried to accommodate, but you are now stretching my generosity a bit too far. Allow Senior Counsel Orengo to conclude. In your opening statement, you may choose to make a rejoinder.

Counsel for the Deputy President. The floor is yours. OPENING STATEMENT ON BEHALF OF THE DEPUTY PRESIDENT OF THE REPUBLIC OF KENYA

Very well. Now, hon. Senators, we will now move to hear the case of the National Assembly. It has three hours to present its case, meaning all the witnesses, evidence in chief, cross-examination will be given two hours. The legal team for the Deputy President, you will have two hours...

Counsel, I am very alert. Even before you take to your feet, I will object to any leading questions. I am very alert to that. Proceed, Counsel. Dr. Muthomi Thiankolu: Much obliged, Mr. Speaker, Sir. Let us go to page 33. What is that document on volume 2A?

Objection sustained. Counsel for National Assembly, stop leading the witness. Dr. Muthomi Thiankolu: I am much guided, Mr Speaker, Sir. We will proceed. What page are we?

In other words, go to page four and page 96. Dr. Muthomi Thiankolu: Page 96 of Volume 6. Yes, we are there. Dr. Muthomi Thiankolu: We will shortly take you to the paragraphs. Mr. Speaker, Sir, you know I am under a lot of pressure because of time. So, are...

Volume six, page? Dr. Muthomi Thiankolu: Volume six, page 2 of 534. Page 2? Dr. Muthomi Thiankolu: Yes, Page two of 534.

Which volume and page?

How much time is remaining out of the three hours? (The Clerk-At-The-Table consulted with the Speaker) So, Counsel for the National Assembly, you have 45 minutes to conclude your case to call the other witnesses and do the re-examination. That is the time remaining. Now, Counsel for the Deputy President,...

Hon. Mutuse, these are questions that you either say yes or no.

We had a similar problem when the Counsel for the National Assembly was leading the witness in evidence-in-chief and time was not frozen. So, we will be fair by applying the very same rule.

There is a problem up there. Proceed then. Let the Senators know when you wish the video to be played. (A video clip was played) Secretariat, can you move to the control room and tell them to wait? (Hon. Mutuse spoke off record) Hon. Mutuse, please, speak closer to the...

Order, Hon. Senators. Simply note how the witness is answering the questions, then you make a judgment. Let us make progress. If a witness is evading questions, please note that, then we proceed.

Counsel for the Deputy President, just stick to the subject matter. Dr. Muthomi Thiankolu: Mr. Speaker, we seek that our witness not be subjected to barbs or badgering. The question whether he respects or the people respect him and what not should not arise. The allegation is clear in black...

Counsel, I have already ruled on that.

Hon. Mutuse, just respond to what the Counsel has asked.

You spent 40 minutes of the two hours. There is an additional 10 minutes for the period we had a problem with the video.

It is either yes or no so that we make progress, Hon. Mutuse.

Hon. Mutuse, it is very simple. Respond so that we make progress.

Counsel for the Deputy President, I cannot hear exactly what was exchanged there. Therefore, I do not have the benefit of what was exchanged and I am not in a position to rule on it. Let us make progress, hon. Mutuse.

Would you wish to know how much time is remaining for you?

Counsel for the National Assembly, you may have reexamined the witness. But just to remind you, you have 40 minutes to conclude your entire case. Dr. Muthomi Thiankolu: Mr. Speaker, Sir, we have no questions in re- examination for this witness, so we propose to call our next witness. That...

Sen. Nyutu?

Proceed, Sen. (Prof.) Tom Ojienda. Hon. Senators, condense your thoughts. You only have two minutes within which to seek your clarifications. Both teams kindly note down the questions, so that once the Senators are done raising them, we will come to you.

Proceed, Sen. Mungatana.

Sen. Wambua proceed.

Sen. Veronica, please proceed.

Sen. Olekina, please proceed.

Sen. Methu, the floor is yours.

Sen. Crystal Asige, please proceed.

Proceed, Sen. Gataya Mo Fire.

Proceed, Sen. Thang’wa.

Proceed, Sen. M. Kajwang’.

Proceed, Sen. Orwoba.

Proceed, Sen. Omogeni.

Proceed, Sen. (Dr.) Murango.

Proceed, Sen. Sifuna.

Sen. Mundigi, you have the Floor.

The Senator for Kilifi County.

Hon. Senator, now allow the parties to respond to those clarifications starting with the team from the National Assembly and then we move to the team from the Deputy President. Proceed.

Now allow your legal team to respond to the question directed to them. If at all there are any questions directed to them. Dr. Muthomi Thiankolu: Mr. Speaker, I believe the question was about whether there has been a complaint with regard to Ground No.8. Any report to the relevant...

The question about the consent.

Counsel, please proceed.

Hon. Senators, can I get an indication from the Counsel for the National Assembly? How many witnesses do you intend to call beyond Hon. Mutuse? Dr. Muthomi Thiankolu: Mr. Speaker, Sir, we have three more witnesses. While on it, at that point, we stopped examining the Hon. Mutuse, you said...

Yes. Very well. Quickly swear in the witness. (The witness for the National Assembly (Mr. Andrew Mulwa) was ushered into the Chamber) (Mr. Andrew Mulwa was sworn in) Dr. Muthomi Thiankolu: Sir, would you tell the Senate who you are and your professional background?

Counsel for the National Assembly, you may proceed with re-examination. Dr. Muthomi Thiankolu: Mr. Mulwa, you were referred to certain aspects of the Deputy President's response. I want to direct you to Volume 6. I believe in Volume 6 of the Assembly's documents, beginning on pages 10 of 534 and...

Objection overruled. Counsel for the National Assembly, proceed. Dr. Muthomi Thiankolu: Mr. Speaker, Sir, I even lost my thoughts on---

Counsel for the National Assembly. Are you done with the witness?

Good. Now, hon. Senators, it is time for you to seek clarification. However, you may have noticed that we have had such a long day. It has been indicated to me that the Deputy President does not intend to call any witness tomorrow. Is that the position?

Of course, that is what I meant. Meaning, we will have some latitude tomorrow. You are very tired. The teams are tired. The Senators will seek clarification from the two witnesses; the main witness and the second witness, first thing in the morning. We will clear them then take the...