COMMUNICATION 40 -FINAL-.pdf

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REPUBLIC OF KENYA

FIRST ASSEMBLY

(SECOND SESSION)

THE KIAMBU COUNTY ASSEMBLY

COMMUNICATIONS FROM THE CHAIR

NO.40 OF 2014

COMMUNICATION CONCERNING THE MOTION FOR REMOVAL OF THE

KIAMBU COUNTY GOVERNOR BY IMPEACHMENT

________________________________________________________________________

Honorable Members,

In accordance with Standing Order 60(2) of the Interim Standing Orders, I wish to inform

this Honorable Assembly that on Monday 1st December, 2014 my Office did receive a

motion for removal of the Governor by impeachment accompanied by a form duly signed

by thirty members of the Kiambu County Assembly in support of the motion from theHonorable Joseph Murugami, MCA.

Honorable Members,

As contemplated in Article 181 (a), (b) or (c) of the Constitution of Kenya and in accordance

with Section 33(1) of the County Government Act the motion stated that the Kimabu

County Governor H.E William Kabogo has grossly violated the Constitution and other

laws as well as shown gross misconduct or abuse of office in performing the functions

of office of the County Governor.

Honorable Members,

In view of the foregoing matter and for the avoidance of doubt, I wish to quickly draw the

attention of the members to provision of standing orders 60 of Interim Assembly Orders

governing the procedure for removal of the Governor by impeachment, and I quote;


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(1)Before giving the notice of motion under Section 33 of the County

Governments Act, 2012, the Member shall deliver to the Clerk a copy of

the proposed motion in writing stating the grounds and particulars in

terms of Article181(a), (b) and (c) of the Constitution upon which the

proposed Motion is made. the notice of motion shall be signed by the

proposing Member, in affirmation that the particulars of the by at least a

third of all the Members as affirmation that the allegations therein are

true of their own knowledge and belief on the basis of their reading and

appreciation of information pertinent thereto and each of them sign a

verification form provided by the clerk for that purpose.

(2) The Clerk shall submit the proposed motion to the Speaker forapproval.

(3) A member who has obtained the approval of the Speaker to move a

Motion under paragraph (1) shall, give a seven days notice notice calling

for impeachment of the Governor.

(4) Upon the expiry of seven (7) days, after notice is given, the Motion

shall be placed on the Order Paper and shall be disposed of within three

days; provided that if the county assembly is not then sitting,the speakershall surmon the assembly to meet on and cause the motion to be

considered at the meeting after notice has been given.

(5) When the Order for the Motion is read, the Speaker shall refuse to

allow the member to move the motion, unless the Speaker is satisfied

that the member is supported by at least a third of all Members of the

County Assembly to move the motion;provided that within the seven

days notice, the clerk shall cause to be prepared and deposited in his

office a list of all members of the county assembly with an open space

agnaist each name for purposes of appending signatures, which list shall

be entitled SIGNATURE IN SUPPORT OF A MOTION FOR

REMOVAL OF THE GOVERNOR BY IMPEACHEMENT.


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(6) Any signature appended to the list as provided under paragraph (5)

shall not be withdrawn.

(7) When the Motion has been passed by two-thirds of all members of

the County Assembly, the Speaker shall, by way of a message, inform theSpeaker of the Senate of that resolution within seven days.

Honorable Members,

In this regard, and having been satisfied that the motion had met the requisite threshold

based on the signatures as submitted to my office as required by the highlighted Orders, I

did approve the notice of motion and as a matter of procedure the Assembly Business

Committee did schedule the giving of notice of motion today Wednesday 3rd December,

2014 during the morning sitting.

Honorable Members,

However, My Office did receive five formal complaints from some members of this

Assembly denouncing the signatures as contained in the form attached to the motion.

Noting that the standing orders 60(1), (2) And (3) do not contemplate a situation where

members can denounce the signatures and thus do not provide for what happens when such

circumstances arise at that stage, therefore the question that arises under the circumstances is

that, had I received these complaints before approving the notice of motion, would I

approve the motion? Certainly not!

Its noteworthy, to mention that the speaker and the in fact the Assembly has no capacity to

authenticate the validity or otherwise of signatures.

Honorable Members,

In view of the above mentioned unprecedented occurrences and pursuant to Standing Order

1 of the Interim Orders of the Assembly where the speaker has powers to decide on any

procedural question in cases where the standing Orders of County Assembly do not

expressly provide for, the Chair as the custodian of the Standing Orders, which comprise therules of this Assembly is bound to follow the rules and procedures that have been set out as

well as be guided by convections and practices from other Parliaments.

Honorable Members,

In other jurisdictions, a similar scenario was encountered by the former speaker of the

National Assembly, Hon. Kaparo while ruling on similar matter where, a Member of


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Parliament had retracted his signature in resignation letter when the signature had already

been confirmed by handwriting experts. Speaker Kaparo in his verdict ruled that although he

agreed with the determination of the handwriting signature experts, nevertheless the Speaker

left the matter to the conscience of the Member to prick himself.

Honorable Members,

In view of the above and for purposes of preserving the Orders and continuity of the

Assembly while appreciating that the removal processes are neither simple nor

straightforward, therefore I wish to guide the Assembly as follows;

1. Considering that the provision of Standing Order 60(1),(2) and (3) have not

contemplated a situation where a member having signed in support of the motion for

removal of the governor can denounce and or withdraw his/her signature at the stage

when the approval has been obtained from the Speaker to give the notice of motion, I

hereby direct that the Procedure and Rules Committee to interrogate the mentioned

Orders and give the Assembly a report for the Assembly to pronounce itself on the

matter.

2. Given the formal denouncement of the signatures contained in the form attached to the

motion for removal of the Governor by the five members of this Assembly, the

threshold required under the Standing Orders to give notice of motion has not been

attained.

3.

Consequently the notice of the motion for removal of the Governor by impeachment

under the circumstances cannot proceed.

Thank you!

The Hon. Gathii Irungu, MCA

SPEAKER OF THE KIAMBU COUNTY ASSEMBLY

December 3, 2014

Documents

COMMUNICATION 40 -FINAL-.pdf