GAZETTE NOTICE NO. 5713

IT IS notified for the information of the general public: THAT pursuant to Article 181 of the Constitution and section 33 of the County Governments Act, 2012, on 23rd July, 2014 the County Assembly of Machakos approved a Motion “to remove from office, by impeachment,” Mr. Bernard Kiala, the Deputy Governor of Machakos County; And that by a letter dated 24th July, 2014 (Ref: MKSCA/ADM/IMPDG/Vol.1/6) and received in the Office of the Speaker of the Senate on 25th July, 2014, the Speaker of the County Assembly of Machakos informed the Speaker of the Senate of the approval of the Motion by the County Assembly and further forwarded to the Speaker of the Senate documents in evidence of the proceedings of the Assembly; And further that pursuant to section 33 (3) (b) of the County Governments Act, 2012 and standing order 68 (1) (b) of the Senate Standing Orders, the Senate, by resolution on Tue sday, 5th August, 2014 appointed a Special Committee comprising eleven of its members to investigate the matter of the proposed removal from office of the Deputy Governor of Machakos County and to report to the Senate within ten days of its appointment on whether it finds the Particulars of the Allegations to have been substantiated; And that pursuant to section 33 (4) of the County Governments Act, 2012 and standing order 68 (2) of the Senate Standing Orders, the Special Committee investigated the matter and tabled its Report in the Senate on Friday, 15th August, 2014; And that pursuant to sections 33 (4) and 33 (6) (b) of the County Governments Act, 2012 and standing orders 68 (2) and 68 (4) (b) of the Senate Standing Orders, the Special Committee reported that it found the following Particulars of the Allegations against Mr. Bernard Kiala, the Deputy Governor of Machakos County had been substantiated, namely — (a) gross violation of the National Cohesion and Integration Act, 2008; and (b) abuse of office. And That pursuant to section 33 (6) (b) of the County Governments Act and standing orders 68 (4) (b) of the Senate Standing Orders, the Senate, after according the Deputy Governor of Machakos County an opportunity to be heard, did on Friday, 15th August, 2014 vote on the impeachment charges and the vote failed to result in the removal of the Deputy Governor of Machakos County. Dated the 18th August, 2014. KEMBI GITURA, Deputy Speaker of the Senate.