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25 September, 2018 COUNTY ASSEMBLY DEBATES 1

REPUBLIC OF KENYA

NYANDARUA COUNTY ASSEMBLY

2ND ASSEMBLY-2ND SESSION

OFFICIAL REPORT

Tuesday 25th September, 2018

The Assembly met at the Assembly Chamber at 2.30 P.M.

[The Speaker (Hon. Ndegwa Wahome) in the Chair]

PRAYER

QUORUM CALL AT THE COMMENCEMENT OF THE SITTING

(The House is quorate as confirmed by the clerk at the table)

Speaker: Very well; actually, although I am not supposed to see, the House is full. We

can proceed with the business for the day.

First order.

(Hon. Wambugu King’ori and Hon. Justus Gaita take the seats designated for the Leader of

Majority and Majority Chief Whip respectively)

[Hon. Gathungu Kamau (Leader of Majority Party) and Hon. Hussein Kassana (Majority

Party Whip) remain standing]

Hon. Members, what is happening? You know what is expected of you when there is

assumption of office if at all. The Speaker has not communicated anything regarding leadership

change and, therefore, member for North Kinangop, Member for Kiriita, and County Member

for Rurii, please resume your seats. Alright, I would advise the member for Leshau Pondo who

is also the leader of the Majority and the majority whip to take any seat available. The seats

have not been electronically configured so please take any seat.

(Hon. Kenn Mukira enters the House and remains standing.)

Hon. Member for Karau, please take any seat.

(Hon. Kenn Mukir remains standing.)

Hon. Member for Karau, please let me take charge of the House.

Next order.

COMMUNICATION FROM THE CHAIR

RESUMPTION FROM RECESS


Hon. Members, I have two communications one of which is ready and the other one,

pursuant to Standing order 41, I will rearrange the business so that I read one now and the other

one upon conclusion of the other business. The first communication is in the following terms:

Hon. Members, I wish to take this opportunity to welcome you back to this House for

the Third Part of the Second Session of this Second Assembly. It is my hope that during the

long recess, you have been able to spend time with your families and the electorates and that

you have been rejuvenated with new vigor and energy to serve the people of this great County.

At this juncture allow me to thank each and every one of you for the efforts you put in ensuring

that this Assembly is discharging its Constitutional mandate.

Hon. Members, as a reminder, the County Assembly as established under article 176 of

the Constitution has been given three clear mandates namely, representation, legislation and

oversight. In this regard it my sincere hope that this House shall robustly execute these

mandates with diligence for the benefit of the people.

In regard to your representative role, I have utmost confidence that you shall use all the

tools at your disposal to represent your electorates.

This House shall also execute its legislative mandate by enacting key legislations that

will inform key policy decisions in the county and key amongst them are; the Nyandarua

County Finance Bill 2018, the Nyandarua County Bursary Fund Bill 2018, the Nyandarua

County Alcoholic Drinks Control Bill, 2018 and the Nyandarua County Inspectorate Service

Bill, 2018 amongst others which have already been forwarded to various committees. It is

expected that the concerned Committees shall expeditiously deal with the said bills so that this

County can benefit from them.

Finally, on the oversight role this House shall continue using its various Committees to

conscientiously ensure that the County Executive and other County Governments Agencies

utilize public resources for the benefit of Wanjiku. At this point, it is my hope that the

committees of this Assembly will keep the departments on their toes especially in relation to

the budget process.

This House shall also consider the Annual Development Plan (ADP) for the Financial

Year 2019/20 and County Budget Outlook Paper. I urge the members to succinctly scrutinize

the documents to ensure that the development agenda of the County Government is achieved

for the benefit of each and every resident of Nyandarua.

Hon. Members, I will to refer to the following words of wisdom by Napoleon, “A leader

is a dealer in hope.” Let us all aspire to inspire hope to the people of Nyandarua. It is my hope

that we shall use our positions to make a difference in this great County.

Thank You Honourable Members, God bless Nyandarua, God bless Kenya.

Next order.

PAPER(S)

NYANDARUA COUNTY ANNUAL DEVELOPMENT PLAN (ADP) FOR THE

FINANCIAL YEAR 2019/2020

Yes Member for Leshau Pondo and the Leader the Majority Party, Hon. Peter Gathungu

Kamau.

(Hon. Paul Ngeche rises on a point of order)

What is it Members for Kipipiri? Majority Leader, you can first resume your seat.

Hon. Paul Ngeche: Mr Speaker, is it in order for the House to continue in this kind of

a confusion whereby in the designated seat of the Leader of Majority Party, we have ‘elect’


Majority Leader and one would be forgiven to think that we have two Leaders of Majority

Party in this House. Is it in order for this august House to continue in this confusion?

Speaker: That is quite in order Member for Kipipiri and that is why I said that I have

two communications to make. The first communication I made was in regard to the

rearrangement of the order of business today and I said that the other communication will be

made at the tail end. Actually, the communication was not ready and it has just been delivered

and so, we shall put everything in order when we get there.

So, proceed.

(Hon. Gathure Wambui rises on a point of order)

What is it Member for Kaimbaga?

Hon. Gathure Wambui: As you are aware Mr Speaker, I and the Member for Kipipiri

we are were elected independent of any party. However, what is happening in this House is

raising concerns for us even if we don’t belong to Jubilee Party.

We are aware that some resolutions were given to you. As much as there is a

communication you intend to make, we can only guess what is in it but we cannot tell with

certainty. If it is true that we have a Leader of Majority Party ‘elect’, then, we have the former

Leader of the Majority Party tabling the document, I think it is a confusion as the member for

Kipipiri has pointed out.

Speaker: Member for Kaimbaga, I don’t think there is a confusion. Whatever is

contained in the communication will take effect after the Speaker communicates any

resolutions or minutes.

(Hon. Paul Ngeche rises on a point of order)

What is it again Member for Kipipiri?

Hon. Paul Ngeche: Mr Speaker, I rise on Standing Order No. 19 (5) which states:

The whip of the largest party or coalition of parties in the Assembly shall

forthwith, upon a decision being made under this Standing Order, communicate

to the Speaker, in writing, the decision together with the minutes of the meeting

at which the decision was made.

I understand, in my own layman thinking, as per these Standing Order, the Whip of the

largest party having communicated to Speaker, the elected Leader of Majority Party assumes

the office. It does not require or necessitates a Communication from the Chair. What requires

to be in the Communication from the Chair is contained in Standing Order No. 21 (4) which

states:

The removal of a member from office under paragraph (5) shall not take effect

until a member is elected in the manner provided for under paragraph (1) and

the Speaker has communicated to the Assembly, the removal of the member and

election of another member to position.

This one is about Majority Party Chief Whip. For Leader of Majority Party, there is no

communication that should come from the Speaker…

Speaker: Member for Kipipiri, once I deliver my communication, those issues will be

sorted once and for all.

Just table the document, Leader of Majority Party.

(Hon. Wanjiru Ndirangu rises on a point of order)

Yes, Member from Kiriita.


Hon. Wanjiru Ndirangu: Mr Speaker, I wanted to alert you that the microphones

were not working when Hon. Ngeche was raising his point of order but they are okay now.

Thank you.

Speaker: I think Hon. Members because I now have the other communication…

Hon. Gathure Wambui: In the order of business, communications from the chair fall

under order number two. We are past that Mr Speaker…

Speaker: Member for Kaimbaga, I had rearranged the orders under my discretion

contained in the Standing Order No. 41. I made it very clear that the other communication

was not ready…

Hon. Gathure Wambui: You see Mr Speaker, the members are becoming suspicious

because this is a matter that was communicated to you almost two weeks ago. You read one

communication but this one, which happens to be very important, you keep us waiting.

Speaker: That is why the Speaker is given discretion to be able to manage his office.

So, proceed Leader of Majority Party.

(Hon. (Eng.) Rimui Kaiyani rises on a point of order)

I think, let us have these documents tabled Hon. Members.

Yes proceed Member for Leshau Pondo.

Hon. Gathungu Kamau: Mr Speaker, with me, I have the Nyandarua County Annual

Development Plan for the Financial Year 2019/2020 – the transformation agenda for

Nyandarua…

(Several Members rise on points of order)

Speaker: Order Members! I think that the Majority Leader should just hold on so that

I can read the communication and give clear directions. Just resume your seat Leader of the

Majority Party.

I will just read my communication.

COMMUNICATION FROM THE CHAIR

Hon. Members, by a letter dated 10th September, 2018 which was received in my office

on 12th September, 2018, the member for North Kinangop Hon. Edinald Wambugu Kingori

signing off as the leader of Majority of this Assembly reported to me that;-

“Hon. Hussein Ndungu Kassana had been removed as the Majority party Chief Whip

of this Assembly and that he had effectively been replaced by Hon. Lucy Wangari

Methu, the county member from Kipipiri”

The Hon. Edinald Wambugu Kingori further by the letter aforesaid reported to my

office that;

“Following the election of Hon. Lucy Wangari Methu as Majority party Chief Whip,

Hon. Geoffrey Ngaruiya Kariuki was elected as Deputy Majority Chief Whip.”

The Hon. Members, on the same date of 12th September, 2018 my office received

another letter dated 10th September, 2018 by the County member from Kipipiri Hon. Lucy

Wangari Methu where she signed off as the Deputy Majority Chief Whip. In the letter she

communicated that;-

1. Hon. Peter Kamau Gathungu; and

2. Hon. Kenn Mukira Mahianyu


The sitting leader of the Majority Party and Kenn Mukira Mahianyu the Deputy Leader

of the Majority Party as having been removed from their said offices.

In the same breadth, the Deputy Chief whip reported to me in the same letter that the

two aforesaid had been replaced by;-

1. Hon. Edinald Wambugu Kingori as the leader of the Majority Party; and

2. Hon. Justus Gaita Wagura as the Deputy Leader of the Majority Party.

Honourable Members, over and above the said letters alluded to, there was annexed

thereto lists of the Honourable Members who attended a meeting for the exercise

aforementioned, the voting patterns for the four offices aforesaid and minutes of the meeting

held at the Sarova Woodlands Hotel in Nakuru on 10th September, 2018 at 0800 hours.

Honourable Members, on 13th September, 2018 the office of the Clerk was served with

an order from the Political Parties Disputes Tribunal in complaint No. 9 of 2018 where the

parties were;-

1. Hon Edinald Wambugu King’ori – 1st Complainant/Applicant

2. Hon. Justus Gaita – 2nd Complainant/Applicant

3. Hon. Lucy Wangari Methu – 3rd Complainant/Applicant

4. Hon. Geoffrey Ngaruiya Kariuki – 4th Complainant/Applicant

-VERSUS-

1. Peter Gathungu Kamau – 1st Respondent

2. Ken Mukira Mahinayu - 2nd Respondent

3. Hon. Hussein Ndungu Kassana – 3rd Respondent

4. Hon. Simon Sambigi Mukuriah – 4th Respondent

-AND-

1. Jubilee Party – 1st Interested Party

2. Nyandarua County Assembly – 2nd Interested Party

In a nutshell the order was to the effect that;

1. That the application is hereby certified as urgent.

2. That an interim order is hereby issued to the respondents restraining and

restricting them from unconstitutionally, illegally and unlawfully ejecting

and/or removing the Applicants from the offices of the Leader of Majority,

Deputy Leader of Majority. Majority Chief Whip and Deputy Majority

Whip of the Jubilee Party within the Nyandarua County Assembly

respectively pending the inter-parties hearing of the said notice of motion.

3. That the motion is to be forthwith served upon the respondents and the

interested parties for interpartes hearing on 26th September, 2018.

Honourable Members on 20th September, 2018 I was served with an order vide petition

No. 10 of 2018 filed in the High Court at Nyahururu. The order was to the following effect;

1. That the application herein be and is hereby certified urgent and be heard ex

parte at first instance.

2. That pending hearing and determination of this application interpartes, this

Honourable Court be and is hereby pleased to issue conservatory injunctive

orders to the respondent whether acting in person, through their agents, persons

allied to them, their servants or anyone acting at their behest retraining them

from presenting to the 1st interested party minutes and resolutions of the

meeting held at Sarova Woodlands on the 10th September, 2018 which

purportedly ousted the applicant and his colleagues from their position as the

leader of majority, deputy leader of majority and the majority whip of the

County Assembly of Nyandarua.

3. That the application be served upon the Respondents forthwith.


4. That hearing of the notice of motion interpartes be on the 27th day of September,

2018.

I am made to understand that the later order in Nyahururu High Court Petition No. 10

of 2018 has since been vacated on 24th September, 2018 but with the interpartes hearing

proceedings before the same court on 27th September, 2018.

For information of the Honourable Members, the matter before the Political Parties

Tribunal in Complaint No. 9 of 2018 will be heard interpartes on 26th September, 2018

(tomorrow).

Honourable Members, the leader of the Majority Party is defined as the person who is

the leader in the Assembly of the largest party or coalition of parties under Standing order 19.

On the other part, the Majority whip is defined as;-

“Means the member elected by the Majority Party as the Party whip”

Importantly at page 3 of our standing orders, it defines a party whip as;-

“Means a member designated by an Assembly party as its party whip for the purposes

of the transaction of the business in the Assembly and includes the majority whip and

minority whip.”

Further, Honourable Members, Standing order No. 21(6) defines the role of the chief

whip as follows:-

“The Majority party whip shall be responsible for mobilizing the party members in

the proceedings of the Assembly, its committees and party meetings.”

Honourable Members, pursuant to the traditions of Parliaments in the commonwealth,

our own Assembly and in particular our Standing order No. 21(5) which provides that;-

“The removal of a member from the position under paragraph 3 shall not take effect

until a member is elected in the manner provided for under paragraph (1) and the

Speaker has communicated to the Assembly, the removal of the member and election of

another member to the position.”

From the foregoing Honourable Members, it is apparent that on the date the Honourable

County Member from Kipipiri Hon. Lucy Wangari Methu convened the meeting of 10th

September, 2018 at Sarova Woodlands Hotel, Nakuru she was not the Majority Chief whip

pursuant to our Standing Orders and particularly page (2), 3 and standing order no. 21 and as

such the meeting was irregularly convened and therefore not held as envisaged in our standing

orders as highlighted.

In the same light, the Hon. Edinald Wambugu Kingori was not the Leader of the

Majority Party when he wrote the said letter of 10th September, 2018 when he communicated

to me the alleged ouster of Hon. Hussein Ndungu Kassana as the Majority Chief Whip of this

Assembly. It is pertinent that the said member can only obtain such status and responsibility

on the Speaker making and communicating the resolutions and minutes of such meetings if the

same is found valid and well-grounded in law and the standing orders.

In essence, Hon Members is that no communication about any resolutions and minutes

to remove the Leader of Majority Party and Deputy thereof nor the Majority Party Whip has

been received by the Office of the Speaker capable of being communicated into this House as

per our Standing Orders as the effective leader of the Majority Party as duly elected and

communicated into this House is the Hon. Peter Kamau Gathungu who has not made any such

communication to me as already done by the Member for North Kinangop Hon. Edinald

Wambugu Kingori.

On the other hand, I have also not received any communication on the removal from

Office or election thereof of the Leader of the Majority Party and the Deputy thereof namely

Hon. Peter Kamau Gathungu and Hon. Kenn Mukira Mahianyu by the Hon. Hussein Ndung’u

Kassana who has the sole discretion to do so pursuant to traditions and our Standing Orders.

Hon Members in Misc. Application No. 67 of 2015,


-BETWEEN-

THE REPUBLIC - APPLICANT

AND

THE POLITICAL PARTIES TRIBUNAL - RESPONDENT

AND

GEORGE MWAURA NJENGA - 1ST INTERESTED PARTY

LEAH JEPKOECH SEREM - 2ND INTERESTED PARTY

EX PARTE

SUSAN KIHIKA - 1ST EX PARTE APPLICANT

SAMUEL WATHUKI NJANE - 2ND EX PARTE APPLICANT

PAUL KIBET CHEBOR - 3RD EX PARTE APPLICANT

Justice G.V. Odinga upheld the findings of the Political Parties Disputes Tribunal

Complaint No. 13 of 2014 to the effect that:-

“The meeting which ousted the leader and deputy leader of majority was held in a hotel.

Conducting official Business of the County Assembly in a Hotel is patently illegal and

the Standing orders cannot be invoked “page 6/19.”

Further at page 7/19 of the same judgement, the holding was that;-

“By conducting official business of the County Assembly in a Hotel, the subjects herein

acted illegally and all those proceedings were a nullity.”

The upshot of all these Honourable Members are that there are no valid or regular

resolutions before the Speaker to be communicated to this House on the purported ouster of

Hon. Peter Kamau Gathungu as the Leader of Majority Party, Hon Ken Mukira Mahianyu as

the Deputy leader of the Majority Party and Hon. Hussein Ndungu Kassana as the Majority

Whip.

That is all and also including the position of the Majority Party Leader. The person who

communicated or purported to communicate had no capacity to so communicate. That is my

communication.

(Hon. Kariuki Ngaruiya rises on a point of order)

What is it County Member from Rurii, Hon. Kariuki Ngaruiya?

Hon. Kariuki Ngaruiya: It is very interesting because our partisan Speaker has acted

like a judge. In fact, what you have read us are the arguments that you are supposed to take to

a court but the position is that, the court has already ruled on who the office bearers are and we

have to go by that. Nothing short of that! We are not going by your ruling because this matter

is beyond you, it was in the court in which a ruling was given on who the leaders are right now.

However, you are reading us your interpretation and you are not the judge…

Speaker: Your statement is made. There is no court ruling declaring who is the

Majority Leader as far as I am aware. I have a court order…

(Hon. Kariuki Ngaruiya rises on a point of order)

Order Member! Order! I really understand those things. I have looked at all the

explanations and rulings by the court but there is nothing declaring anybody a leader.


(Hon. Gathure Wambui rises on a point of order)

What is it Member for Kaimbaga?

Hon. Gathure Wambui: There are some issues that I suspect are biased. Mr Speaker,

when you read us a judgement that was made in a case between Mr Samuel and Hon. Susan

Kihika declaring that matters of the Assembly cannot be conducted in a hotel, is it true? If so,

you are supposed to remember even those people occupying the positions assumed them after

having been elected at Sweet Lake Hotel.

Hon. Gathungu, who is now ‘the former’ Leader of the Majority Party as well Hon.

Kenn Mukirah were elected at that hotel and not here.

The other issue is that, there is nowhere that the Standing Orders requires the Speaker

to make a communication in upholding the election of leaders of this House.

Speaker: Let me answer you Member for Kaimbaga, because it is good to interrupt

you. That is actually a tradition of this House and I have talked about traditions and Standing

Orders. If you look at the Standing Order of the Kenyan Parliament, where we borrowed largely

from, definitely that was an error that was left. However, even if it was left out, it has been

applied in this House when there was a change of leadership from Hon. Mwangi Gichuki to

Hon. Kariuki Muchiri. The communication had to be done for the change in leadership to take

effect. That is a tradition that is all over the commonwealth.

There is no way, Member for Kaimbaga, just by simple interpretation of the Standing

Order, that it would require communication for the other offices except for the Leader of the

Majority Party. This is for Majority Leader to operate in this House effectively. That is the

spirit of the law.

Secondly, when the members of Jubilee Party went and sat at Sarova Woodland hotel,

it was on their own motion and not with the authority of this Assembly. When we sat at Sweet

Lake hotel, this Assembly resolved to sit there and all the infrastructure, including the staff

were there, the Speaker was there, the Clerk was there and members were paid per diems – it

was normal business of the Assembly.

(Hon. Wambugu King’ori rises on a point of order)

What is it Member for North Kinangop, Hon. Edinald Wambugu King’ori?

Hon. Wambugu King’ori: Thank you Mr Speaker. I like how you have communicated

on the floor of the House.

(Loud consultation)

Please protect Mr Speaker.

Speaker: Order Members! Order Members! Proceed Member for North Kinangop.

Hon. Wambugu King’ori: Mr Speaker, what you have communicated has just

complicated things. As a matter of sub judice, this is not a matter of this House since it is a

matter in court. I am worried because you have read you communication and the court orders

you have received selectively.

Mr Speaker, you forgot that yesterday there was a court ruling that was made and you

represented the House and you chose not to communicate what was done on 10th of September

2018 in line with the Standing Orders No. 19 and 21 by substantive office bearers.

Mr Speaker, I would wish that you allow me to read the orders that you have read. That

which was made on 19th September 2018 and the ruling has been made that the office bearers

who assume the seat after the election at Sarova Woodlands at Nakuru be the substantive office

bearers.


Please allow me to read because you have that ruling with you and you have not read

it. It was made yesterday the day of 24th September 2018.

It reads;

The Republic of Kenya in the high Court of Kenya at Nyahururu. Petition No. 19 of

2018. The petitioner is Hon. Hussein Ndung’u Kassana versus respondents

1. Lucy Wangari Methu,

2. Hon. Njatha Kinyanjui,

3. Hon. Geoffrey Ngaruiya Kariuki

4. Hon. Edinald Wambugu King’ori

5. Hon. Justus Gaita.

The interested parties were the Speaker of the County Assembly, Jubilee Party, Hon.

Peter Gathungu Kamau and Hon. Kenn Mukira.

This is the order Mr Speaker. Upon reading the notice of motion of petition dated 24th

day of September 2018 and presented to this court on the 24th day of September 2018 by the

counsel for the respondents applicants and supported by the affidavit of Hon. Edinald

Wambugu King’ori herein sworn on the 24th September 2018 and upon hearing of the ex parte

application 24th day of September 2018 before Hon. Lady Justice R. P. V. Wendo, it is hereby

ordered;

That orders issued by this Hon. court to the petitioner on the 19th day of September

2018 be and are hereby vacated forthwith.

Therefore, Mr Speaker you have no option other than to communicate that the office

bearers that have been substantively elected by the Jubilee Party members of this Hon. House

at Sarova Woodland Hotel in Nakuru as the office holders. Otherwise, these are matters-

prejudicial and cannot be discussed in this House. You obviously know that. You are a lawyer

of the High Court and you have to follow the law to the letter.

Speaker: Member for North Kinangop I never read the law selectively. I said I

understand that yesterday the orders stopping me from being presented, not to announce or

anything, it is from being presented with the minutes and resolutions were vacated yesterday.

That is what I have said and it is in my ruling.

From the communication I have made here, there is no statutory obligation for me to

communicate any purported new leadership. The plain reading of this, Member for North

Kinangop, you have gone through this process, actually, when this was happening, the change

of leadership, it was you that was on this seat and you know what happened.

I have not made any communication; the court has not told me to make any

communication. The court is saying that it does not understand how the Majority Leader,

Deputy Majority Leader, the Whip and the Deputy can remove you from office. The orders

from the tribunal are saying that Mheshimiwa Gathungu, Mheshimiwa Kenn Mukira and

Mheshimiwa Kassana should not remove you from office. They have no capacity under the law

to remove you from office. They can only go.

What we are saying is that, I have given the communication and it is very clear and I

have attached the law, from the word go, the convening of the meeting, the resolutions,

communication from the Speaker here today there is nothing about new leadership that is being

communicated to this House.

Yes Member for Githabai, Hon. (Eng.) Rimui Kaiyani.

Hon. (Eng.) Rimui Kaiyani: Thank you Mr Speaker sir. This is a sad day for me

because you are one person that I hold with a lot of respect and especially when it comes to

conversing matters legal.


I have been following these issues since they came up and I have been watching every

move that you make. I am saddened knowing that you are a member…

(Loud consultations)

Protect me Mr Speaker.

Speaker: This is a House of debate. You can disagree actively which I always

encourage. Let us not go to other things that will not get us anywhere.

Let us interrogate these issues vibrantly. When you decide to be adventurous, you even

read more so that when you come here you are even more adventurous. Let us be adventurous,

disagree vibrantly but not go to some levels.

Member for Githabai, proceed.

Hon. (Eng.) Rimui Kaiyani: Thank you Mr Speaker, it is understandable. The tension

is at fever pitch. As a House…

(Hon. Paul Ngeche rises on a point of information)

Speaker: Do you need that information?

Hon. (Eng.) Rimui Kaiyani: I do not need that information. Sorry for that Hon.

Ngeche. I was saying that we are thirty nine (39) members of this House and we have the right

to decide by a simple majority who are going to be our leaders and no one especially the

minority can force members to be led by a certain member. It does not matter how much we

try to hide behind the law.

Who is going to be our leader, and nobody and I dare say, no one especially the

minority can force any member to be led by a member who is in the minority. No matter how

much we try to hide behind the law, we cannot make it. The majority have spoken and their

choice of the majority must be respected.

Mr Speaker sir I am saddened because I have seen you take a partisan position. I have

always held you with a lot of respect and have always known you to be a good arbitrator but

unfortunately when you side with the minority today when the majority have spoken, then you

are throwing this Assembly under the bus. We have had endless trips of members who have

been coming to your office and those who have been removed have had endless trips to the law

courts. The Courts has given directions as far as they are concerned. The first order I remember

was that the members who were elected in that meeting ought to take the office. The first

member and I remember it was Hon. Kassana who went to seek legal redress on that and he

was granted an order that was again quashed yesterday. The first order was that the newly

elected members take office notwithstanding the prayers being sought by Hon. Kassana were

that you should not be served with the minutes which you have already received. Therefore,

for you to look for another way, it is really sad. For me, what you need to do is be our Speaker

and do what you’re supposed to and communicate the desires of the majority.

This is a party affair and if anybody feels aggrieved by the ruling you’re going to make,

then they are going to seek legal redress. From where you sit, do the one honourable thing that

we, in the Jubilee Party which represents the majority, electethe Hon. Ednald King’ori as our

Majority Leader, Hon. Justsus Gaita as our Deputy Majority Leader, the Hon. Wangari Methu

as Chief Whip and Hon.Kariuki Ngaruiya as the Deputy Chief Whip.

We did that consciously knowing very well that the requirement was that we be the

majority. Please Mr Speaker, be the arbiter and do not sway either way. We can still get them


back because they are still with us and they are still our members. For you to seem to seem to

force then unto us, it is bringing discontent in this house and it is not going to be helpful to

anyone of us.

Speaker: Okay, I think member for Githabai I would have wanted you to mention

where in my communication that it is not strictly in line with the law. You know we are

governed by the law and, as the Speaker, anything that comes here, I have to first look at it and

identify whether it is constrained with the Constitution. You can read the mandates of the

Speaker and you will realise that anything that comes here is in total compliance with the

Constitution, the statutes, the Standing Orders and the traditions and precedents of this house.

This is what I have followed strictly.

In this case, and I agree and you will always quote me that of the majority having their

way and the minority having their say. We have to agree there are other underlying factors even

before we come to the vote, laying grounds for the removal. If you look at the case of the

Majority Leader for Nakuru, because he was removed by the majority over forty six (46) out

of the sixty (60). They went to Court and it set the grounds. It was found to have no grounds to

remove him and they had the votes. They had to first establish grounds and then follow the due

process. The court said the due process was not followed and those who were in the first

Assembly know it, and Hon. King’ori can attest to this. Finally the vote did not Count. People

were not satisfied and Njenga Maura was leader of the Majority in Nakuru until we went for

elections where he went running for the MP sit where he lost. I appreciate the majority vote

but then there are grounds and due process to be followed.

Yes member for Gatimu Hon. Kieru Wambui

Hon. Kieru Wambui: Thank you Mr Speaker. I wish the passion with which we are

handling this matter is the passion with which we handle budget. I will want to say something,

because I want this thing behind us so that we can table the ADP, go tell Wanjiku what the

ADP has for them or what it does not have so that it is put and then the budget process starts.

This notwithstanding, I will want to read a document that I came across a few minutes

ago. It’s an order that has been given by a political party tribunal, and the complainants we

know. They are Hon. Wambugu King’ori, Hon. Gaita, Hon. Methu, Hon. Geoffrey Ngaruiya

who are all Honourable members, and they complained against Hon. Gathungu, Hon. Mukira,

Hon. Hussein and Hon. Sambigi as respondents. They have put Jubilee Party as an interested

party and Nyandarua County Assembly as the second interested party. They sought orders and

they were requesting the courts to give them orders which were that:‘This application be

certified as urgent, of the Jubilee Party within Nyandarua County Assembly respectively,

pending the hearing and determination of the complainant mentioned herein’

The other prayer was,‘That this honourable tribunal be pleased to grant injunction,

which the respondents from interfering with the applicants properly holding the offices pending

the hearing and determination of the complaint file herein.’

Then fourth they say, I don’t know whether we have come this far, that the OCS

Ol’Kalou Police Station, be directed to ensure that there is strict compliance with this order.

So, I don’t know whether we expect the OCS to sit there to make sure that the order is complied

with.

Five, that the cost applied for be provided. Then, this is what the chairman gave. He

certified the matter as urgent and gave interim orders restraining Hon. Kenn, Hon. Gathungu,

Hon. Kassana and Hon. Sambigi from unlawfully removing these people from office.

Back to three, that the motion is forthwith served upon the respondents and the

interested parties for inter parties hearing on 26th September 2018.

So this matter is supposed to come up on 26th September 2018. Let us now understand.

That is what the tribunal order says. There is nowhere that the court order says that the office

holders here are the ones who are rightfully elected.


The court order faults in entirety because, how do you assume office? Something caught

my attention when you were reading your ruling Mr Speaker. I have never seen it, ‘the law is

an ass.’ I would want the Hon. Members to understand Standing order 19.

I have tried to internalize it after you read the ruling and am not supporting anyone but

I want us to follow the law. Standing Order No.19 (3) states:

A member elected under paragraph (2) may be removed by a majority of votes

of all members of the largest party or coalition of parties in the Assembly. (4)

The removal of a member from office under paragraph (3) shall not take effect

until a member is elected in the manner provided for under paragraph (1) in

his or her place.

I also read the interpretation of a whip in page three of the Standing Orders that states:

(5) The whip of the largest party or coalition of parties in the Assembly shall

forthwith, upon a decision being made under this Standing Order,

communicate to the Speaker.

I want to be told who the chief whip of Nyandarua County Assembly is as per the

communication of the Speaker in Hansard today.

As far as my memory serves me, sometime back, Hon. Zachary convened a meeting

here in September last year. As members of Jubilee Party, we caucused and elected Hon.

Kassana and Hon. Wangari Methu as the Chief Whip and Deputy Chief Whip respectively.

Then the minutes of that meeting were forwarded to your office by Hon. Zachary and

you communicated who the office bearers were I do not remember any…

Speaker: Conclude member for Gatimu please.

Hon. Kieru Wambui: Mr Speaker this is so important and I want us to understand so

that we know where we are coming from. I want this matter to be handled in the right way

possible.

The Chief Whip, Hon. Kassana, when he was communicated on the floor of the House,

he assumed office after being communicated here. So you cannot communicate to the Speaker

if you have not been communicated here. The same way you cannot assume office before being

communicated on the floor of the House.


Speaker: We are not in a debate. We said we are interrogating this matter. So just

conclude member for Gatimu.

Hon. Wambugu King’ori: Mr Speaker I am rising on a point of order because he is

confusing the House, though he is on a point of order.

Speaker: Yes member for North Kinangop.

Hon. Wambugu King’ori: Mr Speaker, there are two different scenarios here that we

need to separate completely because, the matter of electing the leadership in the political party

is not the same as the businesses of the Assembly.

So, it is very explicit where you are entitled to sit and elect leaders, them forward them

for the Speaker to communicate.

Speaker: Order member for North Kinangop. I think you are even introducing more

confusion.

(Loud consultation)

Order! You have no capacity to declare somebody out of order. I have allowed you all

the time. Order members.

(Loud consultation)


Order members. The Assembly is a quasi-judicial organ. I am supposed to give

directions pursuant to the law, the statutes and the Standing Orders. So, what we are saying is

that whatever I have ruled on that issue, and I have ruled according to the constitution, the

Standing Orders, the statutes, the precedents and traditions of this House.

Proceed member for Gatimu.

(Loud consultation)


Order member for North Kinangop! I gave you all the time until you finished. I have

overruled that point of order because there is nothing you have said is contravening the law.

Let the member for Gatimu make his summations. Even the judgement I have read came from

a political process.

Proceed.

(Loud consultation)

I recognize parties in the House. The Speaker is impartial. He recognizes the

independents, the small parties and the big parties. He is a Speaker of everyone.

So proceed member for Gatimu.

Hon. Kieru Wambui: Mr. Speaker, let me just conclude so that they can interact with

the other members.

(Loud consultations)

Let me use Hon. Mbogo as he is my neighbour in my ward. We are neighbours by ward.

Mr Speaker, I want to read the part concerning the Majority Whip and not the majority leader.

The removal of a member from the position, under paragraph 3, concerning the chief whip…

(Loud consultation)

Mr Speaker, protect me.

Speaker: Order!

Conclude, member for Gatimu.

Hon. Kieru Wambui: I want to call this matter to conclusion now…

Speaker: In any event members, I have already delivered my position.

(Loud consultation)

Order Members! Proceed, member for Gatimu.

Hon. Kieru Wambui: Thank you, Mr Speaker. My learned friend, Mheshimiwa

Wambugu, just come and sit together with me.

Speaker: Order!

Hon Kieru Wambui: Mr Speaker, protect me.

Speaker: Order members!

Hon Kieru Wambui: I want this to be heard and I want it to sink. In page 18 of the

Standing Orders it says:

The removal of a member from the position under paragraph (3), that is the party

majority whip, shall not take effect until a member is elected in the manner

provided for under paragraph 1.


The Speaker has communicated to the Assembly, the process for the removal of a

member and the election of another member. The party majority whip shall be responsible.

(Hon. Reuben Gitau rises on a point of order)

(Loud consultation)


Hon. Gitau Reuben: The majority leader is not seated, Mr Speaker.

Speaker: I think member for Shamata, unless for other reasons, you know how I have

delivered my ruling.

Proceed member for Gatimu.

Hon. Kieru Wambui: Let me just finish so that you can speak. Hata hujaongea,

utaongea.

Sorry, Mr Speaker, for mixing languages. I want to say this, Mr Speaker, Hon Gathungu

and Hon Kassana were communicated as leaders, and it is in the Hansard on the floor of the

House. They are the only legitimate people who can communicate and I want to give this

people a secret, because this is the way they should have gone. They should have first made

Wangari Methu the Chief Whip, then bring the matter here to the House so that she assumes

the role of a chief whip, so that after the matter has been communicated, a meeting is convened

to communicate to you to remove Hon. Gathungu. However, Mr Speaker, because they did not

do that, it has failed and in this matter, Mr Speaker…

(Loud consultation)


Hon Kieru Wambui: Mr Speaker, I will want to say this, Hon. Kaiyani is my friend and

he speaks very frequently and eloquently but today, Mr Speaker, because he knows the truth,

he was not able to speak eloquently and for those reasons Mr Speaker, they know what the

truth is. Thank you, Mr Speaker and I rest my case.

Speaker: County member from Kiriita.

(Loud consultation)

Hon. Wanjiru Ndirangu: Thank you, Mr Speaker.


(Loud consultation)

The County member from Kiriita…

(Loud consultation)

Order Members!

Actually, I think I made my ruling and unfortunately you have no option.

(Loud consultation)

Order members!

Order member for Mirangine!

Member for Shamata, order!

(Loud consultation)


Members, I have concluded on that first section of this matter. I want the Leader of

Majority to table that document.

(Loud consultation)

The Majority Leader is the member for Leshau Pondo, Hon Peter Gathungu Kamau.

(Loud consultation)

Hon. Kariuki Ngaruiya: If you want the document tabled, then, there is Wambugu

King’ori, the majority leader.


Honourable Members, pursuant to Standing order No. 112, it is not possible to proceed

with the business of this House and as the Speaker, I am called upon to adjourn the House to

the next sitting which is tomorrow, the 26th day of September 2018 at 9.00 A.M.

(The House rose at 3.35 P.M.)

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