• From calls for senators to wear masks, to queries to Senate Speaker Kenneth Lusaka on when he will give an explanation on a previously discussed matter, right down to delays in the reading of the motion due to 'disruptions', it was a hectic afternoon on Tuesday.
• Those calling for the committee were as passionate as those for the plenary as senators engaged in exchanges.
Image: FILE
The first two hours of the debate on the motion on establishment of a committee to probe the grounds for the impeachment of Kirinyaga Governor Anne Waiguru were dominated by points of order.
From calls for senators to wear masks, to queries to Senate Speaker Kenneth Lusaka on when he will give an explanation on a previously discussed matter, right down to delays in the reading of the motion due to 'disruptions', it was a hectic afternoon on Tuesday.
Those calling for the committee were as passionate as those for the plenary as senators engaged in exchanges.
Elgeyo Marakwet Senator Kipchumba Murkomen proposed extension of sitting time until the debate was completed.
Siaya Senator James Orengo said that for members to stand on point of order, they must quote the standing order before.
Murkomen, who stood up on several points of order, argued that the House and Kenyans were being misled to believe that Waiguru's case could come up again if the committee found her innocent.
"The people of Kirinyaga want the matter to be transacted in the plenary because they know that if the Select Committee clears the Governor, the matter ends there," he said.
Kirinyaga Senator Charles Kibiru called for a plenary hearing.
"I have the mandate as the only independent senator in Kenya. The only thing that the people of Kirinyaga want is a plenary because the MCAs from Kirinyaga want to be heard. I support the plenary route," he said.
Narok Senator Ledama Ole Kina said a committee was the better way to go, as the members would do "all the hard work" and make recommendations to the whole House.
"The Select Committee will enable the people of Kirinyaga to get justice and guide future impeachment process of governors," he said.
Senator Mithika Linturi called for the matter to be heard in the plenary.
"The people of Kirinyaga have spoken through their representatives thus we must protect the will and be faithful to the people of Kenya as enshrined in the Constitution of Kenya," he said.
The Senate Business Committee last Friday recommended an 11-member committee to investigate charges levelled against Waiguru.
Here is the list of committee members: Senator Abshiro Halake, Michael Mbito, Mwangi Paul Githiomi, Beth Mugo, Anuar Liotiptip, Philip Mpaayei, Cleophas Malala, Beatrice Kwamboka, Stewart Madzayo, Judith Pareno and Moses Kajwang.
The High Court last Thursday declined to nullify the impeachment of Waiguru.
Justice Weldon Korir last Thursday declined to overturn the impeachment, ruling that the county assembly had proved it did not violate any court orders.
Judge Korir had barred the MCAs from tabling the motion in April because Waiguru had argued that because of Covid-19, she could not leave her home.
The governor told the court that she had a pre-existing medical condition that had forced her not to leave the house so she could not go to the assembly.
Justice Korir had further ruled that the court cannot interfere with the MCAs' mandate but because of Covid-19, he had to intervene for Waiguru's rights not be violated.
Waiguru had challenged the impeachment motion that led to her removal from office.
In an amended application filed in court on Tuesday — the day she was impeached — Waiguru wanted the court to declare the whole process illegal.
“…a declaration that the proceedings commenced by the county assembly in respect of the impeachment motion during the subsistence of the order issued on April 7 are null,” court documents read.