Amason Jeffah Kingi

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. So, we shall proceed with the day's business. Clerk, you may call the first Order, please. COMMUNICATION FROM THE...

Clerk, read the next Order, please. HEARING AND DETERMINATION ON THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF HON. (DR.) ERIC KIPKOECH MUTAI, GOVERNOR OF KERICHO COUNTY PRESENTATION OF THE CASE OF THE KERICHO COUNTY GOVERNOR Now, Counsel for the Governor, you have two hours and 40 minutes to conclude...

Yes, you may proceed. He is a fresh witness. Okay, then proceed to swear in the witness. (The witness for the Governor (Hon. Hillary Kibet Bosuben) took the Oath)

Yes, Counsel for the County Assembly.

Counsel for the Governor, I have noted the same. In fact, you tend to pronounce the answer and request the witness to confirm it. You have been in this for far longer than I was. You are a senior in this profession. Kindly abide by the rules of evidence-in-chief when...

Counsel for the County Assembly, your witness.

Are you done, Counsel, for the County Assembly?

Counsel for the Governor, any re-examination?

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

Sen. Mungatana.

Sen. Enoch, proceed.

Sen. Cherarkey, proceed.

Sen. Chute, proceed.

Sen. Tabitha Mutinda, proceed.

Proceed, Sen. Lomenen.

Proceed, Sen. Okiya Omtatah.

Proceed, Sen. Mundigi.

Proceed, Sen. Murgor.

Proceed, Sen. (Prof.) Tom Ojienda.

Proceed, Sen. Kamar.

Proceed, Sen. Boni.

Witness, you may now proceed to respond to those concerns.

Yes, proceed witness. (An hon. Senator spoke off record) Hon. Senators, do not engage the witness directly. If your issue has not been addressed, you capture the attention of the Chair. Okay, witness if you are done, we can make progress

I will take two, Sen. Crystal Asige?

Hold on and take these, so that you add to whatever you want to say. Who is that engaging the witness directly? (A Senator spoke off record with the witness) Hon. Senators, you know the Rules here. Proceed, Sen. Asige.

Sen. Beatrice Ogola?

Sen. Veronica?

Sen. Olekina.

Sen. Wambua?

Sen. Abass?

The witness may proceed to respond. You have five minutes to do so.

Hon. Senators, we are done with this witness.

Mr. Speaker, Sir, I want to take the witness back to the question that Sen. Wambua asked. Go back to page five and that is Question No.3. The question you were asked is this: Was it possible for any MCA or any other person who had a link to vote...

Thank you, speaker. My questions are as follows---

Did you ascertain? The link that the MCAs received on their phones was the same one that was used to vote, and you can justify the process.

Sen. Kavindu Muthama, you may proceed.

Thank you Mr. Speaker, Sir. There is a question that is troubling us and we want to be sure from your evidence, this evening, if somebody has a link and he has a username and a password, can that person vote for another person? Did you get me? You have...

Thank you, Mr. Speaker, Sir. The first question was asking whether as an admin, you could vote for an MCA. The answer to that is no. If you have logged in as admin, you need to log in to the system as a registered user who needs to cast their...

Okay. Proceed to respond to those, then I will have another set for you. Please, proceed.

Mr. Speaker, Sir, you understood where I was. You are not aware that we had been informed yesterday morning that all the MCAs and the other Members were given the IPPD and ID numbers of their colleagues. If that is the case, is it true or do you then think...

Sen. Cherarkey.

Sen. Cherarkey.

Sen. Boy. (Sen. Boy spoke off record) Thank you, Mr. Speaker, Sir. I want to refer the expert to page five, IV. There is a statement there where he says towards the end of IV, that there is no evidence of multiple voting, neither is there evidence of other compromise...

Mr. Witness, to the point, at page 14 of that 22, you confirmed that there were no abstentions, 33 votes to the affirmative. Yet, if you look at the logins running from page 17 to the end, there are many failed logins. Would you verify whether the logins were by...

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity. Mr. Witness, is it your evidence that indeed, and I want to refer you to page 16 of your document, and specifically bullet three, voting process integrity. Is it your evidence that despite the fact that we have...

Thank you very much, Mr. Speaker, Sir. To the witness, you have clarified that there were about nine IP addresses that were identical. Can you also

Sen. Crystal Asige.

I already asked my question.

Thank you, Mr. Speaker, Sir. My question is to the expert. As an IT expert and based on your audit, do you have confidence in the credibility and the accuracy of the results related to the voting system? At the same time, what could be the reason why we have...

My question to the IT expert is, now that on page five No. (iii) of your report, you had mentioned that it is not possible for any MCA to vote for another Member, but again you are also saying that it is possible if they have their IPPD usernames and...

Mr. Speaker, Sir, I thank you. Mr. witness, being the expert that you are, if you were the one setting up this system, are there other safeguards you would have put in place to secure the system and make it fool proof and would you have done it differently?

Thank you, Mr. Speaker, Sir. My question, since it has been established that it is possible to vote for others, is it possible then to establish the gadgets which were used because all phones are registered under certain names? If I use my phone to vote for Fatuma, it will...

Thank you, Mr. Speaker, Sir. I would also wish to know on how long the system was open to allow Members to vote. How do we know if the nine people who were voting was one person who voted nine times?

Thank you, Mr. Speaker, Sir. I would like to refer the witness back to the report. I also note that on No.9, the following persons were in attendance- Mr. Philip Irode, Mr. John Mukeire, the Office of the Governor, the Counsel, an ICT advisor from Mr. Weldon Langat, including the...

Sen. Olekina.

Thank you, Mr. Speaker, Sir. Mr. Witness, as an IT expert, whichever way this matter goes, would you recommend the Kericho County Assembly or any County Assembly to continue using this system?

Then speak. We need you mouth; not your eyes.

The first question was if we can be able to clarify that the 33 MCAs were able to vote within the system. Of course, our response to that, based on the finding, is yes, 33 MCAs did vote. We have provided evidence for that, as per the logs provided within...

Power his microphone and put it closer to his mouth, please.

Thank you, Mr. Speaker, Sir. We are having the expert of experts before us. The ICT Authority of the Republic should be the expert of experts. Listening to him, it is as if he is walking away from this report. If he did not have adequate resources, for example, in...

Of what value is this report? And number two, for lawfulness, we are told about the “.go.ke” and the “.co.ke” as the regulators of the system. Can a county government be allowed to run a system on an open server or a private host, or must this be on a...

Yes, Mr. Speaker, Sir. The question has not been answered because I asked how it was possible that three MCAs voted using the same IP address and he said that if one person is using their phone and moving around the vicinity into different locations, they would use the same...

Thank you. Sen. Lemaletian, you are saying your question has not been addressed? Can you repeat it?

Okay, you have five minutes to conclude, witness.

Yes. The question asked by hon. Senator is, are we able to ascertain with certainty, MAC addresses? I still echo my earlier sentiments that MAC addresses are unique to devices and MAC addresses are mapped to IP addresses. You need to have IP addresses for you to access an external...

You can, using your IP and ideally, this is where the confusion between an IP and a Mac address comes in. A MAC address does not give you an IP location, but an IP address gives you an IP location. That is why we have used the IP addresses to...

Depending on if the system you are using is a web-based system that has to be accessed online and the way the network has been--- There is a principle called Network Address Translation (NAT) . You assign a system an internal IP then you assign your gateway. For example, the...

Assuming Senators vote the way Kericho County Assembly did and they are all seated inside the Chamber here, they will still have different IP addresses? They are all seated here voting the Kericho way, will they have different IP addresses?

Mr. Speaker, Sir, and hon. Senators, exactly 15 years ago, Kenya embarked on a transformative journey in its adoption of a devolved system of governance. This was an answer to an enduring desire by many a Kenyan who earnestly yearned for public services closer to them.Indeed, devolution has been mooted...

Assembly, is going to take away the political right of the Governor because he was declared as the duly elected Governor.Under the same breath, it is going to take away the decision and the will of the people of Kericho County, so that a matter of this magnitude has not...

Hon. Senators, ladies and gentlemen, having concluded the closing statements by the parties, the Senate will proceed into a camera session for 15 minutes, pursuant to Rule 27 of the Rules of Procedure. That is for the hearing and determination on the proposed removal from office by impeachment of Hon....

Next Order. ASCERTAINMENT OF THE THRESHOLD REQUIRED FOR THE IMPEACHMENT OF HON. (DR.) ERICK KIPKOECH MUTAI, THE GOVERNOR OF KERICHO COUNTY

Proceed and conclude.

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

You have exhausted your time, Sen. Osotsi. (Several Senators spoke off the record) Two minutes, you conclude.

(Laughter)

Sen. Mandago, proceed.

Finally, Mr. Speaker, Sir--- (Loud consultations)

Mr. Speaker, Sir, there was more drama. The same MCA called Martin played a video clip before this House that was watched by Kenyans, where the Mover of the Motion was recorded in a discussion saying that he voted on behalf of that MCA. Does that not create a doubt...

As an expert who has practiced for over 34 years, between the two experts, I believe the expert from ICT Authority and for your information, we did not seek the profile for the expert from ICT Authority. To reach that level of a Deputy Director, you must have a Masters...

One minute, you conclude.

Finally, the Senate Majority Leader. Senate Majority Leader, will five minutes be okay?

Try, because if you look at the clock, we are at 11.00

Senate Majority Leader, are you, therefore, suggesting that the Senate is wrong by bringing this Motion?

Mr. Speaker, Sir, you need to hear me. I am now speaking as a Senator representing the people of Kericho. That Motion has been brought by the office of the Senate Majority Leader.

Mr. Speaker, Sir, the most useful thing for me in this House is that before being Senate Majority Leader, I first represent the interests of the people of Kericho. That is what I am doing. I want to remind you of something, that, as you listen to colleagues contribute, I...

Proceed, Senator, proceed.

Order, Senator for Meru County and Senator for Nairobi City County. Allow the Senate Majority Leader to speak as the Senator of Kericho. This is a very emotional moment for him. The only thing you can do is to support him. Proceed, Senator.

Mr. Speaker, Sir, I am about to conclude, so I want to plead that my colleagues listen to me. I want to register the appreciation of the people of Kericho to this gentleman who gave us the greenlight and assured us what the Assembly did is right. Order, Sen. Thang’wa,...

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

(Loud consultations) Order, Hon. Senators. The two minutes are over. Kindly take your seats. Please, take your seats.(Several Senators stood in their places and consulted loudly)Senator for Kitui--- Hon. Senators, kindly take your seats. Sen. Abass and Deputy Speaker--- Order, hon. Senators, let us take our seats. Sen. Okiya Omtatah---...

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) Serjeant-at-Arms, ring the Quorum Bell for a further 10 minutes. (The Quorum Bell was rung) Order, hon. Senators, we do have quorum. So, we will...

Counsel for the County Assembly.

Counsel for the Governor, where are these documents? Are you yet to supply them to the Senate?

Once we receive the hard copies, I will make a ruling on it. Let us proceed with the witness.

Counsel for the Governor, you may now proceed to cross-examine. Just before you proceed, let us hear from Sen. Onyonka.

Hon. Onyonka, your colleagues would wish to seek clarification as well. That will come after the cross-examination is done. Proceed, Counsel.

Counsel for the County Assembly, any re- examination?

Hon. Senators, you may ask questions and seek clarifications either directly to the witness or to Counsel. You need to do that in under one or two minutes. Sen. Veronica Maina: Thank you, Mr. Speaker, Sir. Mr. Witness, I want you to go to pages 13 to 17 the one...

Proceed, Sen. Wambua.

Proceed, Sen. Kathuri.

Proceed, Sen. Onyonka.

Sen. Cherarkey, please, proceed.

Sen. Omogeni, please proceed.

Mr. Alfred Korir, you have truly impressed me with your honesty when you are responding to the question raised by the two young lawyers from the Governor's side. I would like you to uphold that standard. The question is this: Cybersecurity expects the highest standards. The reason why end-to-end encryption...

Sen. Boni, please proceed.

Thank you, Mr. Speaker, Sir. Yes, an assembly can indeed have a static IP address. That is the router. However, that router will give different IP addresses to all the gadgets. So, you cannot have the same IP address from each gadget. I am a verified IT expert. My question...

Thank you, Hon. Speaker. To the witness, the matter before the Senate is for us to determine whether there was a valid vote taken in respect of the impeachment of the Governor and how many MCAs voted. I would want you to indicate how many MCAs were present and how...

Thank you, Mr. Speaker, Sir. I have two questions. One, who made the decision to use a system that had not been used before on a critical matter like this? Secondly, as the County Assembly of Kericho, are you registered as data processor and data controller or not? Third, as...

Sen. Kisang, proceed. (Sen. Olekina consulted Sen. Omogeni) Order, Senator for Narok County.

Sen. Oketch Gicheru.

Secondly, if it is system generated, why is entry No.13 a 25-digit number, while all others are 24-digit numbers?

Thank you, Mr. Speaker, Sir. To the witness, it is in your evidence that you said each member takes a minute. On pages 29 to 32, nine persons voted on the same IP address. It is also your evidence that there are two devices in the premises. So, the IP...

Thank you, Mr. Speaker, Sir. Swali langu ni kwa Mkurugenzi wa IT. Hii ni mara ya pili kumtimua Gavana wa Kericho na unajua kuna two-thirds. Katika kona zote siku hizi kila kitu ni IT. Kama ni kwa election au hata nini, siku hizi watu walirudi kwa numbers. Na kama ulikuwa...

Thank you, Mr. Speaker. It is unfortunate today we are doing the work of the MCAs on how they voted, whether they voted or not, which is not our work as a Senate. We can as well call those the MCAs to come and vote here, to establish the truth...

Order, hon. Senators.

Mr. Speaker, Sir, I would like to confirm from the witness on the stand who took an oath. There are so many documents here and the witness on the stand has sworn with the Bible. Mr. Witness, just a confirmation, is it your position before God and before this Senate...

Thank you, Mr. Speaker, Sir. Go to page 12 of volume 2A. I am looking at the bulk Short Message Service (SMS) that was sent. That is 28 out of 47. Why did the witness send to 28 only and not all the 47? Secondly, you have 47 MCAs. I...

Mr. Speaker, Sir, let me get some clarification in terms of the IP address. I was listening to the Counsel for the Governor cross-examining the witness who referred to the IP address. The first question that was asked, which I would like clarity on, is whether or not one or...

Thank you very much, Mr. Speaker, Sir, and hon. Senators. I will start with the question about the Wi-Fi and users within the Assembly. We have a Wi-Fi that is dedicated to the Chamber, and I have said it has a static IP address. That is why it picked the...

[The Speaker (Hon. Kingi) left the Chair] [The Deputy Speaker (Sen. Kathuri) in the Chair]

Mr. Speaker, Sir, there was a query that I raised, but I thought both parties would respond to it. It was on whether we should take the logs as they are, considering they were extracted by one party without the involvement with the other party. I referred to the 2017...

Mr. Speaker, Sir, before you make that ruling for the application which was sought by the Governor's Counsel, in your ruling yesterday, you indicated that the Senate will make some determination on threshold before voting on the main impeachment charges. Listening to the witness, the examination-in-chief, the cross-examination, the re-...

What is your point of order?

Thank you. Now, hon. Senators, this is my ruling on the request made by the counsel for the Governor and also to address the concerns raised by Sen. M. Kajwang’ and also the Senator for Meru County. (Interruption of Presentation of the Case of the County Assembly of Kericho) CONSIDERED...

The only person who can table this is the one who would have prepared it. He can only do so when he takes the oath, tables this and takes us through it. If you need to get any clarification from the experts, you certainly will be at liberty to do...

Thank you very much.

Thank you, Mr. Speaker, Sir. We now wish to move to the next limb of the impeachment Motion, which will be about the alleged theft of public funds. Tell the Senate your full name.

Now, Counsel for the County Assembly, you have 57 minutes and I note here you still have six more witnesses to call. So, apportion your time accordingly. (The witness for Kericho County Assembly (Hon. Albert Kipkoech) took the Oath)

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 now have quorum. We will, therefore, proceed with the afternoon business as contained in the Order Paper. Clerk, you may proceed to call...

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. (Laughter)

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...

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?

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

Okay, proceed.

It is okay, proceed.

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...

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...

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

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

That requested you to investigate?

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.

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

You have the 10 minutes.

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

Mheshimiwa, that question is either yes or no.

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

Very well. Ten minutes to conclude.

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

Proceed, Counsel for the Governor.

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

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?

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

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

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

Yes, Sen. Essy.

Proceed, Sen. Faki.

Proceed, Sen. Keroche Tabitha.

Proceed, Sen. Olekina.

Proceed, Sen. Kinyua.

Sen. Mumma.

Sen. Tobiko.

Sen. Tabitha Mutinda.

Hon. Senators, you have under two minutes. So, condense your concerns. Sen. Mariam Sheikh, you may proceed, your time is running.

Sen. Richard Onyonka.

Sen. Karen Nyamu, you may proceed.

Sen. Boni.

Sen. Mungatana.

Sen. Mundigi.

Sen. Osotsi.

Sen. Kisang.

Sen. Abass.

Sen. Kavindu Agnes.

Sen. Wafula.

Sen. Seki

Thank you. Lastly, Sen. Murango

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

Mheshimiwa, whose question are you responding to?

Mheshimiwa, you have two minutes to go.

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

Please, proceed.

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...

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...

If you recall, the second day ends at midnight.

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...

Mr. Speaker, Sir, can I have the witness come in? PRESENTATION OF THE CASE OF THE KERICHO COUNTY GOVERNOR

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

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.

Okay. You have three hours to do all that.

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

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

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

Any re-examination, counsel for the Governor?

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...

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

Yes, Sen. (Dr.) Murango.

Sen. Crystal Asige.

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

Sen. Faki, you have the floor.

Sen. Mbugua.

Sen. Beatrice Akinyi.

Sen. Boni.

Sen. Mwaruma. (Sen. Mwaruma spoke off record) Then log out, Hon. Senator, please. Senator for Nandi County, proceed.

Sen. Murgor.

Proceed, Sen. Olekina.

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

Proceed, Sen. Eddy. Proceed, Sen. Eddy.

Sen. Kisang.

Sen. Lomenen.

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...

Sen. Hezena.

Proceed, Sen. Keroche.

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,...

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Order, hon. Senators. We now have quorum. So let us get down to today's business. (The Clerk-at-the-Table consulted with the Speaker) Clerk, you may call the first Order. COMMUNICATION FROM THE CHAIR PRE-HEARING MEETING ON THE...

Now, similarly, I now invite Counsel for the Governor to introduce your legal team representing the Governor. INTRODUCTION BY THE KERICHO COUNTY GOVERNOR’S TEAM

Senator for Nandi County, take your seat. (Sen. Cherarkey sat in his place) Hon. Senators, on behalf of the Senate, I welcome the team for the County Assembly, the team of the Governor, members of the public and the media to the Senate and to these proceedings. Finally, I now...

You may proceed. PRELIMINARY MATTERS AND OBJECTIONS SPECIAL ARRANGEMENTS FOR A WITNESS WITH MOBILITY IMPAIRMENT

Counsel, that preliminary objection has not been raised yet. It is on record, but it is yet to be raised. You will be given an opportunity to make that application once that preliminary objection has been raised. ADMISSION OF DOCUMENTS BY THE COUNTY ASSEMBLY OF KERICHO

Counsel for the Governor, do you have any objections to that request?

We have heard your position. We have heard the Governor's position. If I heard the counsel for the County Assembly correctly is that the evidence related to those documents is already in our bundles, the original bundles. These documents were omitted by mistake during the compiling of those bundles. They...

Counsel for the Governor, you have 15 minutes to raise your preliminary objection. Counsel for the County Assembly, you will also have 15 minutes to respond and thereafter, the Senate will make a determination on the matter.

What is your issue, the Senator for Nairobi City? Pause the time for the Governor, please.

Counsel for the Governor, be guided accordingly.

Counsel for the County Assembly, please, proceed. Mr. Elisha Ongoya: Mr. Speaker, Sir, my name is Elisha Ongoya. I beg to reply. For starters, in response to this notice of preliminary objection, the County Assembly has filed grounds of opposition named Volume 7. It is a small volume. If it...

Hon. Senators, pursuant to Standing Order No.34 (2A) , I will allow not more than 15 minutes from 1.00 p.m. to enable the Counsel for the Governor to respond to what has just been submitted by the team from the County Assembly. You may proceed. You have no more than...

Just proceed and play the video. Mr. Peter Wanyama: Mr. Speaker, Sir, we request for the KB1 to be played by the ICT staff. (An audio clip was played) (The screen went off) Mr. Speaker, Sir, it seems the screens are off. There was a transcription. (The screen went on)...

Just take your seat. Hon. Senators, I will deliver my ruling at exactly 2.30 p.m. today on the matters that have been raised. ADJOURNMENT Hon. Senators, it is now 1.15 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until today, Wednesday, August 27th, 2025, at 2.30 p.m....

Clerk, do we have Quorum? (The Clerk-at-the-Table consulted with the Speaker) Hon. Senators, we now have quorum. (Sen. Cherargei and Sen. M. Kajwang’ consulted loudly) Senator for Nandi and Senator for Homa Bay, kindly settle down. (Sen. Cherargei and Sen. M. Kajwang’ sat in their places) Clerk, you may proceed...

Counsel for the Governor, you have 30 minutes to make your opening statement. OPENING STATEMENT ON BEHALF OF THE KERICHO COUNTY GOVERNOR

We shall now move to hear the case by the County Assembly. Counsel for the County Assembly, you have five hours. Within those five hours, three hours shall be used for witnesses to give evidence-in-chief and be re- examined. Out of those five hours, the County Assembly has three hours...

Clerk, do we have quorum? (The Clerk-at-the-Table consulted with the Speaker) Hon. Senators, we have quorum. (Sen. Tabitha Keroche stood in her place) Senator for Nakuru County, kindly take your seat. (Sen. Tabitha Keroche sat in her place) Clerk, you may proceed to call the first Order. ADMINISTRATION OF OATH

Senator, would you wish to swear or to affirm?

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.

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-...

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

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...

(Technical hitch)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...

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...

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.

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

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...

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

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....

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

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...

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...

We shall end it there, Hon. Senators. I have a communication to make. CONVENING OF SPECIAL SITTING OF THE SENATE Take your seat, Sen. Boni. (Sen. (Dr.) Khalwale took his seat) Take your seat, Sen. Boni. (Sen. (Dr.) Khalwale took his seat) MESSAGE FROM THE COUNTY ASSEMBLY OF KERICHO PROPOSED...

Next Order. ALTERATION OF THE SENATE CALENDAR FOR THE FOURTH SESSION

The Floor is open for debate. With your concurrence, hon. Senators, I will proceed to put the question. (Question put and agreed to) Next Order. The Senate Majority leader, proceed. ESTABLISHMENT OF A SPECIAL COMMITTEE TO INVESTIGATE THE PROPOSED REMOVAL FROM OFFICE, BY IMPEACHMENT, OF THE GOVERNOR OF KERICHO COUNTY,...

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...

(Applause) 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...

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, we now have quorum. Clerk, you may call the first Order. MESSAGE FROM THE GOVERNOR OF MAKUENI COUNTY CESSATION OF LOGGING ACTIVITIES...

Pursuant to Standing Order No. 49 (6) (c) , I refer the said Message to the Standing Committee on Land, Environment and Natural Resources for consideration. (The Message was referred to the Standing Committee on Land, Environment and Natural Resources) Next Order. PAPER LAID REPORT ON FINANCIAL STATEMENTS OF MACHAKOS...

Next Order. QUESTIONS AND STATEMENTS STATEMENTS DIRE CONDITIONS FACED BY ELDERLY WOMEN ACROSS THE COUNTRY

Proceed, Sen. Peris Tobiko. TRANSFER OF INFANT TO ABYANN HOSPITAL INSTEAD OF KENYATTA NATIONAL HOSPITAL

Hon. Senators, I will allow the Senator for Kisii, Sen. Richard Onyonka and after that, we will move to the Committee of the Whole before coming back to the Statements. Proceed. SUSPENSION OF HEALTHCARE FACILITIES AND DISBURSEMENT OF CLAIMS UNDER SHA

Hon. Senators, allow me to rearrange today’s Order Paper, pursuant to Standing Order No.45 (2) . We will move to Order Nos.17 to 21. Once we are done, we will resume the normal flow as contained in today’s Order Paper, that is, going back to the Statements. (Interruption of Statements)...

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. We now have quorum. Clerk, you may proceed to call the first Order. MESSAGE FROM THE NATIONAL ASSEMBLY NATIONAL ASSEMBLY DECISION ON...

Hon. Senators, before we proceed to the next Order, allow me to make this Communication. COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM THE INSTITUTE OF ECONOMIC AFFAIRS, KENYA I would like to acknowledge the presence, in the Public Gallery this afternoon, of a visiting delegation of seven officers from the...

Sen. (Prof.) Tom Ojienda. (The Clerk-at-the-Table consulted with the Speaker) Hon. Senators, we will rearrange today's Order Paper and handle Order No.8 and 9 and then we come back to Statements. Clerk, can you proceed to call the Orders. THE TECHNOPOLIS BILL (NATIONAL ASSEMBLY BILL NO.6 OF 2024) The Mover...

It is so deferred. THE TOBACCO CONTROL (AMENDMENT) BILL (SENATE BILLS NO.35 OF 2024) At the interruption of debate yesterday, Sen. Ledama had the Floor and had a balance of 11 minutes. You may proceed, Sen. Olekina.

The Senate Majority Leader, please proceed.

Proceed, Sen. Cherarkey.

Before I call the next Senator to take on the Floor, allow me to make this Communication. (Interruption of debate on the Bill) COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM ST. MARY NYANGWA GIRLS SECONDARY SCHOOL

Sen. Mundigi, your request has been declined. Sen. Tabitha Mutinda, you may take to the Floor to contribute to the Bill. While doing so, you may extend a word of welcome to the girls.

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) Hon. Senators, we do have quorum. Clerk, kindly proceed to call the first Order. PAPERS LAID SPECIAL AUDIT REPORTS ON PAYROLL MANAGEMENT FOR VARIOUS COUNTY...

Proceed, Vice-Chairperson, Committee on Finance and Budget. REPORT ON CONSIDERATION OF THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILLS NO.20 OF 2024)

Next Order. QUESTIONS AND STATEMENTS STATEMENTS DISQUALIFICATION OF ST. MICHAEL’S TERIGE BOYS AND KIMWANI SECONDARY FROM NANDI COUNTY SCHOOLS SPORTS COMPETITION DETERIORATING HEALTHCARE SERVICES IN COUNTIES

Next Order. APPROVAL OF SITTINGS OF THE SENATE TO BE HELD IN BUSIA COUNTY the month of September in every Session of the 4th Senate, except during an election year with the objective to- Do we have the requisite quorum? What is your intervention, Senate Majority Leader?

Let him make his plea.

Proceed, Senator for Nandi County. (Interruption of debate on Motion) DISQUALIFICATION OF ST. MICHAEL’S TERIGE BOYS AND KIMWANI SECONDARY FROM NANDI COUNTY SCHOOLS SPORTS COMPETITION

Before we proceed to the next Order, I will now put the Question on the Motion. (Question put and agreed to) Next Order. Yes, Senate Majority Leader.

Then the Motion to be moved, be seconded, then I will proceed to propose the question. You may then make that request at that particular time to limit time and also go further and limit the number of Senators to speak to that; that is if the House is in...

Hon. Senators, I will now proceed to propose the question. (Question proposed) Now, the Floor is open for debate. The Senate Majority Leader, what is your intervention?

Hon. Senators, there is a request made by the Majority Leader that owing to the fact that we have a number of these reports that require our consideration, after a report has been moved by way of a Motion and seconded, we proceed to put the question. Is that the...

Order, Hon. Senators. The Motion having been seconded and aware of the resolution that we have just passed--- (Sen. Cheruiyot stood in his place) The Senate Majority Leader, kindly take your seat. I will straight away proceed to put the question. However, before I do so, allow me to propose...

Senator for Nandi County, take your seat. (Question proposed) Now, following the resolutions made earlier, I will proceed to put the question. (Question put and agreed to) Next Order. ADOPTION OF REPORT ON PETITION ON FAILURE BY KBL, KAPLAN & STRATTON ADVOCATES AND HARRISON KINYANJUI ADVOCATES TO PAY COMPENSATION AWARDED...

Senator for Nandi, take a seat. (Question proposed) (Question put and agreed to) (Interruption of debate on Motions) COMMUNICATION FROM THE CHAIR VISITING DELEGATION FROM TABAKA GIRLS PRIMARY AND JUNIOR SCHOOL, KISII COUNTY Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon, of visiting...

Next Order. (Resumption of debate on Motions) ADOPTION OF REPORT ON CONSIDERATION OF THE KENYA POLICY ON PUBLIC PARTICIPATION (SESSIONAL PAPER NO.3 OF 2023) The Chairperson, the Senate Standing Committee on Justice, Legal Affairs and Human Rights (JLAHRC) , please, proceed.

Sen. Mwaruma, what is your intervention? Sen. Mwaruma, what is your intervention?

Hon. Senator, our resolution has been passed by this House that immediately a report by way of a Motion is moved and seconded, we straightaway go to putting of the question. So, we are bound by the resolution of the House. Next Order. The Chairperson Standing Committee on Devolution ant...

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) We now have quorum. So, we will proceed with the afternoon's business. Clerk, kindly, call the first Order. MESSAGE FROM HIS EXCELLENCY THE PRESIDENT NOMINATION...

Next Order. QUESTIONS AND STATEMENTS STATEMENTS We start with Statements pursuant to Standing Order No.53 (1) . Proceed, Senator for Nairobi City County, Sen. Sifuna.

Proceed, Sen. Chute. SHARING OF SUBSCRIBER DATA BY TELECOMMUNICATION SERVICE PROVIDERS WITH SECURITY AGENCIES

Statement pursuant to Standing Order No.57 (1) . Proceed, the Senate Majority Leader. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 29TH JULY, 2025

Hon. Senators, I will allow comments for 20 minutes. If you get the Floor, kindly, take not more than two minutes to contribute. Senator for Nandi County, Sen. Cherarkey, proceed.

Sen. Wambua, proceed.

Sen. Boni, proceed.

Sen. Kavindu, proceed.

Sen. Chute, proceed.

Sen. Richard Onyonka, proceed.

Sen. Murgor.

Hon. Senators, before I call the next Member to speak, allow me to make this Communication. I would like to acknowledge the presence in the gallery this afternoon, of visiting student leaders and members of the Young Diplomats Forum from the United States International University, Africa (USIU) . The delegation...

Senator for Nairobi, just take your seat. What is your point of clarification, Deputy Speaker?

You have made your point clear. Thank you for passing that information to your colleagues. The Senator for Nairobi City County, you may proceed.

Sen. Madzayo. The Senate Minority Leader (Sen. Madzayo) : Asante, Mstahiki Spika. Kwanza Asante, Mstahiki Spika. Kwanza What is your point of order, Senator for Homa Bay?

Senator for Homa Bay, unfortunately, the Speaker did not see it. For me to rule on that matter, it requires evidence. If I need to require evidence, you know the route we will take. We will have to put the Deputy Speaker under oath, so that he can also defend...

Sen. Kisang.

Sen. M. Kajwang’.

Sen. Abass.

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 now have quorum. Clerk, kindly call the first Order. QUESTIONS AND STATEMENTS [The Cabinet Secretary for Youth Affairs, Creative Economy and Sports (Hon....

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports (Hon. Salim Mvurya) : Thank you very much, Mr. Speaker, Sir and Members of the Senate for the opportunity to come back here and give a statement on the state of...

You may proceed to respond, Hon. Cabinet Secretary. Sen. Maanzo, I thought the Cabinet Secretary said he intends to complete it by December 2025, unless you were not alert. Proceed, Hon. Cabinet Secretary. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports (Hon. Salim Mvurya) : Mr. Speaker, Sir...

Sen. Wambua, proceed.

Sen. Cheruiyot, the Majority Leader, proceed.

Sen. Faki, proceed.

Sen. Seki, proceed.

Sen. Sifuna, proceed.

Sen. Wakoli, proceed.

Sen. Mbugua, proceed.

Sen. Alexander Mundigi, proceed.

Sen. John Methu, proceed.

Hon. Cabinet Secretary, you may now proceed to respond to those questions. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports (Hon. Salim Mvurya) : Thank you very much, Mr. Speaker, Sir. I must say that the inspiration from the Senate to work with the Ministry on matters sports...

Thank you, Hon. Cabinet Secretary. Hon. Senators, we will now move to Question No.067 by Sen. Joyce Korir. I am informed that Sen. Miraj will ask the Question on behalf of Sen. Joyce Korir. Hon. Miraj, you may proceed to ask the Question. Question No. 067 GOVERNMENT PROGRAMMES AND INITIATIVES...

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports (Hon. Salim Mvurya) : Mental health is a state of well-being in which the individual realizes his or her own--- Hon. Cabinet Secretary, just to save on time, start from page...

Hon. Cabinet Secretary, you may respond. The Cabinet Secretary for Youth affairs, Creative Economy and Sports (Hon. Salim Mvurya) : Mr. Speaker, Sir. I acknowledge the question that has been put to me by Sen. Miraj on matters land. The Ministry is working very closely with county governments, Ministry of...

Sen. Gataya Mo Fire.

Just take your seat. Sen. Maanzo.

Sen. Veronica Maina.

Proceed, Sen. Wambua.

Sen. Murgor, you may proceed.

Proceed, Sen. Kavindu.

Yes, Sen. Mandago.

Proceed, Sen. Beatrice Akinyi.

Yes, Sen. Nyutu.

Proceed, Sen. Cherarkey.

Hon. Cabinet Secretary, you may now proceed to respond. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports (Hon. Salim Mvurya) : Mr. Speaker, Sir, I must agree that the questions are very many. However, I want to assure you that I will respond to all of them, including...

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. We now have quorum. Clerk, kindly, call the first Order. Proceed, Chairperson, Committee on Trade, Industrialization and Tourism. PAPER LAID REPORT ON CONSIDERATION OF THE CREATIVE ECONOMY SUPPORT BILL (SENATE...

Next Order. Proceed, Sen. Omtatah. NOTICE OF MOTION PROVISION OF IFMIS REPORTS FOR COUNTY GOVERNMENTS TO THE SENATE That Order is deferred. QUESTIONS AND STATEMENTS STATEMENTS POSTPARTUM DEATH OF MS. ROSE WANGARI MAINA

Hon. Senator, just take your seat. We have got urgent business to transact before you come back to the Floor. (Several Senators consulted with the Clerks-at-the Table) Sen. Veronica Maina, as they consult for one or two minutes, you can conclude your Statement.Proceed to read your Statement. LIFE AND LEGACY...

We will move to Orders Nos.8, 9, 10, 11 and 12, before resuming the normal flow of business as contained in today's Order Paper. Clerk, you may proceed to call the orders. CONSIDERATION OF THE NATIONAL ASSEMBLY AMENDMENTS TO THE START-UP BILL (SENATE BILLS NO.14 OF 2022) COMMUNICATION FROM THE...

Let the Clerks confirm through our correspondence. In the meantime, as the Clerks try to get that information, we can proceed with Order Nos.9, 10 and 11. COMMITTEE OF THE WHOLE [The Speaker (Hon. Kingi) left the Chair] IN THE COMMITTEE [The Temporary Chairperson (Sen. Veronica Maina) in the Chair]...

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 now have quorum. Serjeant-at-Arms, you may stop the Bell. Clerk, proceed to call the first Order. Hon. Senators, kindly switch to the supplementary...

Proceed, Sen. Mandago. We will defer that business. REPORT OF THE 67TH CPA CONFERENCE HELD IN SYDNEY, AUSTRALIA NOTICE OF MOTION APPROVAL OF SITTINGS OF THE SENATE TO BE HELD IN BUSIA COUNTY

Sen. Mandago, you will proceed to lay your Paper and give notice of the same. PAPER LAID REPORT OF THE 67TH CPA CONFERENCE HELD IN SYDNEY, AUSTRALIA

Order, hon. Members. Pursuant to Standing Order No.45 (2) , allow me to rearrange today's Order Paper. Once Sen. Mandago has given the Notice of Motion, we will move straightaway to Order Nos.8, 9 and 12. Thereafter, we will resume the normal flow of today’s Order Paper. Proceed, Sen. Mandago....

Clerk, proceed to call Order No.8. THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILLS NO.9 OF 2025) Serjeant-at-Arms, kindly ring the Division Bell for five minutes. (The Division Bell was rung) Serjeant-at-Arms, you may now close the Door and draw the Bars. (The Bar was drawn and the doors closed)...