Senate Committee Hearing Commences on the Impeachment of Anne Waiguru

June 23, 2020 Editor

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From @Senate_KE

The Special Committee on the proposed removal from office of the Governor of Kirinyaga County, chaired by Senator Cleophas Malala has this morning commenced Hearings. The Committee was established on Tuesday, 16th June, 2020, by a Resolution of the Senate. Kirinyaga County Governor is appearing before the Special Committee in person and by advocates.

As the Hon Speaker observed in his Communication to the Senate made on Tuesday, 16th June, the hearing of charges for the proposed removal from office of a Governor is one of the most important functions of the Senate under the Constitution. The Special Committee wishes to emphasize that it is cognizant of the gravity of the matter with which it is seized and that it has accorded all parties to the proceedings the right to be heard and shall accord the parties a fair hearing.
I urge all Honourable Senators and the parties to this matter to desist from discussing the matter while it is still actively before the Committee and the Senate and to allow the constitutional and legal processes to take their course. — Senator Cleophas Malala

At the beginning of the hearing the Committee Chair made a ruling on the preliminary issues raised by both Parties.

The Ruling

This morning when considering Preliminary matters, both parties raised preliminary issues for consideration by the Committee. The County Assembly requested for clear copies of the following documents already filed by the Governor in her response before this Committee.

The relevant pages of the Governor’s ordinary and diplomatic passport;
The bank receipt for payment on 17th April 2020.

On his part, the Governors lead Council raised three preliminary issues as follows:

The County Assembly filed an unintelligible bundle of documents that are difficult to follow.
That Mr. Joseph Carillas Otieno who has been summoned to appear before this Committee by the County Assembly be allowed to appear tomorrow because he is also a witness on behalf of the Governor.
Raised a Preliminary Objection that the County Assembly has filed several documentation that constitute new evidence which was not in the evidence that the Governor received from the Speaker of the Senate.

The committee responds to each of the issues as hereunder.

On the issue of availing clear copies to the County Assembly, the Committee directs that the Governor provides the clear copies of the said documents by the end of day of 23rd June 2020, serve the Assembly’s lawyers via email and copied to the Clerk of the Senate.
On the Governor’s request that Mr. Joseph Carillas Otieno who has been summoned by the Committee be allowed to appear tomorrow as a witness and be cross-examined by the Committee, the Committee is convinced that the request is reasonable and will not prejudice the Assembly’s case. The Committee therefore directs that Mr. Joseph Otieno shall appear tomorrow, 24th June 2020 and the County Assembly shall be at liberty to cross-examine the witness on the issues raised in the summons during cross-examination.
On the preliminary Objection to the form of documents filed by the County Assembly, the Committee notes that it would have been desirable for the County Assembly to present well bound documents, properly paginated to assist all parties in understanding and deliberating on the matter herein.
On the issue of introduction of new documents, owing to the limited time for this Committee to present its findings to the Senate, the Committee notes and encourages the parties to canvas these issues during the hearing and the committee shall proceed with the documents as filed and make appropriate determinations on the veracity, admissibility and propriety of the evidence in making its final determination in accordance with Rule 19 of the Fifth schedule of the Senate Standing Orders.

The County Assembly of Kirinyaga sought to prove its case before the Special Committee in its case against Kirinyaga Governor by way of Evidence of Witness. The first witness was Hon David Kinyua (MCA, Mutira Ward) who had moved the motion to impeach the County Governor.