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 the
Honorable 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;

(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 for
approval.
(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 speaker
shall 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.

(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 the
Speaker 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 the
rules 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

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