report - homa bay county assembly

REPUBLIC OF KENYA

HOMABAY COUNTY ASSEMBLY

SECOND ASSEMBLY- SECOND SESSION

______________________________

REPORT

OF THE

AD HOC COMMITTEE ON THE DISAPPEARANCE OF HOMABAY

COUNTY ASSEMBLY MACE ON TUESDAY 16TH OCTOBER, 2018

______________________________________________

Published by:

DEPARTMENT OF LEGISLATIVE AND COMMITTEE SERVICES

COUNTY ASSEMBLY OF HOMA BAY,

30TH OCTOBER, 2018

HOMA BAY.

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Table of Contents

LIST OF ABBREVIATION

1.0PREFACE

1.1 COMMITTEE MANDATE

1.2 COMMITTEE MEMBERSHIP AND SECRETARIAT

1.3 COMMITTAL TO THE AD HOC COMMITTEE

ON THE DISAPPEARANCE OF THE MACE

1.4 COMMITTEE MEETINGS

1.5 OBJECTIVE

1.6 METHODOLOGY

1.7 ACKNOWLEDGEMENT

1.8 ADOPTION OF THE REPORT

2.0 BACKGROUND

3.0 COMMITTEE’S FINDINGS

4.0 COMMITTEE’S RECOMMENDATIONS

5.0 PRAYER

5.1 APPENDICES

5.1.1. LETTERS OF INVITATION

5.1.2. CHARGE SHEET

5.1.3 SITUATION REPORT

5.1.4. HANSARD REF NUMBER PROCEEDINGS

5.1.5. SUBJECT OF INVESTIGATION - THE MACE

5.1.6. COMMITTEE ADOPTION MINUTES

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LIST OF ABBREVIATIONS/ACRONYMS

MCA Member of County Assembly

CGA County Governments Act

CoK Constitution of Kenya

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1.0 PREFACE

1.1 Committee Mandate

The Committee was mandated to investigate the disappearance of the Mace

from the County Assembly precincts on Tuesday 16th October, 2018.

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1.2 Committee Membership

The Committee was constituted on 18th October, 2018 comprising of the

following ;

1. Hon. Walter Muok – MCA, Kanyadoto(Leader of Majority Party)

2. Hon. Ellyphalet Osuri – MCA , Ruma Kaksingri

3. Hon. Judith Omogi – Nominated MCA

4. Hon. Peter Kaula, MCA, Wang’chieng

5. Hon. Millicent Nyaboke, - Nominated MCA

6. Hon. Evelyne Otieno- Nominated MCA

7. Hon. Jeff Ongoro – MCA, Kanyaluo

8 Hon. Dan Were – MCA, Kakelo Kokwanyo

9. Hon. Paul Wamunga – MCA, North Karachuonyo

10.Hon. Edwins Kakach – Nominated MCA

11.Hon. Susan Onyango – Nominated MCA

12.Hon. Geofrey Opiyo – MCA, South Kasipul

Committee Secretariat

1. Mr. Daniel Kaudo – Clerk of the County Assembly

2. Mr. Charles Olela – Deputy Clerk

3. Mr. Stephen Ojako – Principal Clerk Assistant

4. Mr. John Oyoko – Sergeant At Arms

5. Ms. Joan Onywany – Hansard Editor

6. Ms. Caroline Milewa–Senior Executive Secretary

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1.3 Committal to the Ad Hoc Committee

A Motion moved by Hon. Dan Were and seconded by Hon. Edwins Kakach

on 18th October, 2018 was approved with amendments where the House

resolved to establish an Ad hoc Committee to investigate the disappearance

of the Mace from the County Assembly precincts and report to the House

within seven days of the approval of the Motion. Due to unavoidable

circumstances, the committee was unable to compile for tabling in the House

within the stipulated timeframe and was added more days to accomplish its

work.

1.4 Committee Meetings

The committee held its first sitting to consider the matter on Thursday 25th

October, 2018 and elected Hon. Ellyphalet Osuri, MCA, Ruma Kaksingri

Ward as the chairperson. In the course of its investigations, several witnesses

were invited who gave accounts of what they knew about the disappearance

of the Mace. Among those who were invited and appeared before the

committee were:

1. Corporal Jacob Odhiambo Ouso – Overall in charge of APS attached to the

Assembly

2. Mr. Henry Koja – Sergeant At Arms

3. Ms. Beline Adhiambo – Office Assistant, Speaker’s Office

4. Mr. Hezron Ouma – Security in charge of Pride Kings security firm

5. Ms. Juliet Ogembo – Sergeant At Arms

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6. Mr. Kennedy Agola – Sergeant At Arms

7. Mr. Gabriel Awiti – Chief Sergeant At Arms

8. Mr. Daniel Kaudo – Ag. County Assembly Clerk

9. Mr. Kennedy Odemba – Security Guard, Pride Kings

10. Ms. Idah Arodi – Senior Sergeant At Arms

Two other persons were invited to appear before the committee but did

not attend despite several reminders and attempts to reach them. They

were:

1. Hon. Elizabeth Ayoo See– Speaker

2. Mr. Ambrose Walumbwa – Personal Assistant to the Speaker

The Committee therefore resolved to compile its report without making

further reference to them.

1.5 Committee’s Objectives

The committee ‘s objectives were :

To find out the persons who conspired to take the Mace out of the

precincts of the County Assembly

To establish the motive behind the taking away of the Mace from the

County Assembly Precincts

To find out who should be the custodian of the Mace as is the case in

Commonwealth Parliamentary practices, traditions and procedures

To find out the State of the County Assembly security apparatus

including the CCTV.

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1.6 Methodology

The committee adopted various methods in conducting its inquiry:

1. Deliberative meeting sessions

2. Interrogative Sessions

3. Analysis of submitted documents

4. Extrapolation of adduced information

5. Report writing

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2.0 BACKGROUND

2.1 Definition and Value of the Mace

On 16th October 2018, the Speaker pronounced that the House was

adjourned to the next day, Wednesday 17th October, 2018. As the

preparations were on for the County Assembly morning plenary sitting on

Wednesday 17th October, 2018, which was to commence at 9.30 a.m., It was

discovered that the Mace was missing from its usual storage case in the office

of the Speaker.

Frantic efforts were made on the whereabouts of the Mace without success.

The matter was reported at Homa Bay Police Station, under OB

No.07/17/10/2018. This led to a standoff as the plenary sitting could not take

place without it. However, an alternative Mace was found and used for

subsequent plenary sittings. The centrality of the Mace in legislature has had

a long history. The oldest Mace still in use was commissioned in a small town

in Yorkshire in 1415.

According to the Cambridge English Dictionary, Mace is defined using various

terms as follows:

(a) A Staff of Office especially that which lies on the table in the House when

the Speaker is in the chair, regarded as a symbol of the authority of the House

(b) A decorated rod that is carried by or put in front of particular public

officials as a symbol of their authority

(c) As an ornamental stick carried by an official or placed somewhere as a

symbol of authority

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(d) A ceremonial Mace is a highly ornamented staff of metal or wood, carried

before a sovereign or other high official in civic ceremonies by a Mace bearer

intended to represent the officials’ authority

(e) An ornamental stick, a top which sits a reproduction of coat of arms, which

serves as the legislative symbol of authority

It is important to note that at nearly all levels of life, there are symbols of

authority and power which are closely associated with bodies they represent.

For example, the Ada and Eben which started out as weapons of war, are so

inextricably linked to the Oba of Benin, that anywhere they are seen, people

immediately know that the Edo culture is on display. But whether the Ada

and Eben are present or not every man knows that authority is vested in the

person of Oba, not in the instruments. Should either instrument be tarnished

or should someone not fear its wrath and steal them, their absence does not

diminish the Oba’s authority. Therefore, even if the Mace got lost, the

authority of Homa Bay County Assembly was not diminished. It is important

to note that the absence of that Mace was not fatal to plenary.

The dignity accorded to Mace as a vital instrument of legislation has led to at

least four punitive incidents in Nigeria, Benin and United Kingdom.

(a)In Western region of Nigeria, during a plenary on 25th May, 1962, a fight

broke out and an MP deployed the Mace as a weapon, before making away

with it;

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(b) In 2000, the then Senate President Chuba Okadigbo unilaterally moved

the Mace to his village during recess, an Act which was considered an

abomination by the senators;

(c) In 2013, The Speaker of Kaduna State Assembly, Usman Gangara moved

the Mace from the precincts of the Assembly and it was never recovered. He

was eventually impeached and Kaduna State Assembly had to acquire a new

Mace.

(d) As late as 2009, a UK MP was suspended from the House of Commons

for 5 days for contempt of dropping the Mace on an empty bench.

These incidents signify the importance of the Mace in a legislature and thus

needs to be taken care of at all costs.

3.0 COMMITTEE’S FINDINGS

1. The Mace was stolen by one Hon. Elizabeth Ayoo on the evening of 16th

October, 2018.

In the wisdom of the committee, this act constituted theft as per the provisions

of Sections 273 as read together with 275 of the penal code. This act of theft

was confirmed by the County Assembly Senior Sergeant At Arms, Ms. Idah

Arodi who informed the committee that Hon. Elizabeth Ayoo had confided

in her that she would take the Mace away from the precincts of the County

Assembly. The action was not in the best interests of the people of Homa

Bay County hence she violated the provisions of Section 8 of the Leadership

and Integrity Act, 2012. This Section states as follows:

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“A State Office is a position of public trust and the authority and responsibility

vested in a State Officer shall be exercised by the State Officer in the best

interests of the people of Kenya.”

2. The Senior Sergeant At Arms, Ms. Idah Arodi, was an accomplice in the

theft of the Mace by one Hon. Elizabeth Ayoo. She admitted on oath to have

been privy to the plan by Hon. Elizabeth Ayoo to take away the Mace from

the precincts of the County Assembly. She did not disclose this information

to her immediate supervisor to prevent such an occurrence. She therefore did

not take reasonable steps to ensure that the Mace that was entrusted to her

care was adequately protected.

Ms. Idah Arodi thus violated the provisions of Section 15 of the Public Officers

Ethics Act, 2003. This Section provides as follows:

“ A public officer shall take all reasonable steps to ensure that property that

is entrusted to his/her care is adequately protected and not misused or

misappropriated”

Ms. Idah Arodi was subsequently arrested on 28th October, 2018 by police

officers while sneaking the Mace back to the County Assembly and then

arraigned in Court and charged on 29th October, 2018, Court File No.853/18

. She took plea on the following charges:

(a) Stealing contrary to Section 268 as read with Section 275 of the Penal

Code.

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(b) Handling stolen goods contrary to Section 322(1)(2) of the penal code.

That on 28th October, 2018 at Homa Bay County Assembly in Homa Bay

Town within Homa Bay County, otherwise than in the course of stealing

dishonestly undertook the disposal of Homa Bay County Assembly Mace for

the benefit of ELIZABETH AYOO knowing or having reason to believe it to

be a stolen property. She was released on bond of Kshs. 200,000.

3. The Mace had always been kept in the Speaker’s Office contrary to the

Commonwealth Parliamentary Practices and Procedures where the custodian

of the Mace is the Chief Sergeant At Arms. In all parliamentary jurisdictions,

the Mace is kept in a strong room under the custody of the Chief Sergeant At

Arms.

4. There was operational laxity by the security guards and the Administration

Police manning the County Assembly gates causing security lapse and hence

eventual theft of the Mace from the County Assembly precincts.

5. There was conspiracy between Hon. Elizabeth Ayoo and Ms. Idah Arodi

to sneak back the Mace into the County Assembly precincts on Sunday 28th

October, 2018. Ms. Idah Arodi admitted having been in constant

communication with Hon. Elizabeth Ayoo concerning the whereabouts of the

Mace. This constant communication eventually led to Ms. Idah Arodi trying

to sneak back the Mace with instructions from Hon. Elizabeth Ayoo.

6. Hon. Elizabeth Ayoo was invited to appear before the committee to shed

more light on the matter under investigation via letter dated 29th October,

2018 referenced HBCA/Adhoc/Vol 1(2), but she never obliged. This invitation

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was for purposes of fair hearing pursuant to the provisions of Article 47 & 50

of the Constitution of Kenya, 2010.

The failure to appear before the committee was a violation of Article 195 of

the Constitution of Kenya, 2010 and Section 18 of the County Assemblies

Powers & Privileges Act, 2017 which states as follows;

“ A County Assembly or its committees may invite or summon any person to

appear before it for the purpose of giving evidence or providing any

information, paper, book, record or document in the possession or under the

control of that person and in this respect, a County Assembly and its

committees shall have the same powers as the High Court as specified under

Article 195 of the Constitution”.

7. There was a breach of protocol in the department of Sergeant At Arms

given that the Senior Sergeant At Arms had failed to report to her immediate

supervisor, the Chief Sergeant At Arms on a matter concerning the

department. This was an act of insubordination and had affected the smooth

operations in the department and contributed significantly to the theft of the

Mace from the County Assembly precincts.

8. The staff in the department of Sergeant At Arms lack adequate training and

capacity building on their roles and responsibilities. This had contributed

significantly to inefficiency in their work and subsequent theft of the Mace.

9. The Mace that was stolen was procured by the defunct Transitional

Authority in 2013 and was valued at Ksh. 800,000. This low monetary value

of the Mace contributed to its casual handling and subsequent theft. The

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current market value of the County Assembly Ceremonial Mace which is gold

coated is between Ksh. 7,000,000(Seven Million) and Ksh. 10,000,000(Ten

Million) and can only be handled using hand gloves.

10. There was malfunctioning of CCTV within the County Assembly precincts

that had been installed 3 years earlier. The identification of other persons

involved in the crime was thus made difficult.

11. The County Assembly Mace had been mal handled by strangers both

within and outside the precincts of the County Assembly. The act was an

embarrassment, disgrace and disrepute not only to the County Assembly of

Homa Bay but also to the people of Homa Bay County.

Therefore, Hon. Elizabeth Ayoo breached Article 73(1)(a) and Article 75 (1)

of the Constitution of Kenya, 2010 on leadership and Integrity which states

as follows;

“73(1) Authority to a State Officer –

(a) Is a public trust to be exercised in a manner that –

(i) is consistent with the purposes and objects of this Constitution

(ii) demonstrate respect for the people

(iii) brings honor to the nation and dignity to the office; and

(iv) promotes public confidence in the integrity of the office

75 (1) A state officer shall behave, whether in public and official life, in

private life, or in association with other persons, in a manner that avoids –

(a) any conflict between personal interests and public or official duties.

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(b) comprising any public or official interest in favor of a personal interest;

or

(c)Demeaning the office the officer holds.

4.0 COMMITTEE’S RECOMMENDATIONS

1. A substantive motion should be moved under Standing Order No.83 to

discuss the conduct and character of the Speaker and subsequently be

impeached.

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2. The Chief Sergeant At Arms should be the sole custodian of the Mace

with a fully furnished office, a safe and a strong room.

3. There should be an integrated standard security operation manual for all

the security units operating in the Assembly.

4. There should be strict adherence to the chain of command as provided in

the structure of the Assembly.

5. There should be immediate procurement of a new gold coated County

Assembly Mace as is the case in Kericho, Nairobi and other County

Assemblies in Kenya.

6. The sergeant At Arms should undergo thorough and frequent trainings so

that they can perform their roles and responsibilities efficiently.

7. How to improve Homa Bay County Assembly Security Apparatus;

(a) County Assembly Service Board to purchase a safe for keeping of Arms

and Ammunition and to also provide Arms and Ammunition for use by the

Sergeant at Arms.

(b) The physical locking systems to be upgraded to both electronic systems

with physical different configuration door locks.

(c) The County Assembly to adopt a 12 hours practical shut down policy to

safeguard the assembly from access during non-working hours.

(d) Provide all employees of the assembly with identification/security access

cards for identification

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(e) The County Assembly Service Board to scale up the perimeter wall and

erect electric fencing on top of the perimeter wall.

(f) The County Assembly Service Board to provide intruder detection and

alarm systems together with fire detection and firefighting equipment.

(g) The County Assembly Service Board to install 24 hour CCTV surveillance

with a maximum coverage up to 10 meters beyond the perimeter wall and

with zero hidden paths.

(h) The County Assembly Service Board to purchase 3 Gareth Walk Through

Scanners to be stationed at both the front and the rear entrance and one at

the main chamber entrance.

(i) Assembly motor vehicles to be fitted with tracking devices.

(j) Homa Bay County Assembly Service Board to provide for lightening

arrestors within the assembly.

(k) Develop a visitor’s access policy.

5.0 PRAYER

The Ad Hoc Committee prays that this Honourable House do adopt this

report.

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6.0 APPENDICES

6.1.1. Letters of Invitation

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6.1.2. Charge Sheet

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6.1.3 Situation Report

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6.1.4. Subject of investigation – The Mace

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6.1.5 Committee Adoption Minutes

Ad Hoc Committee Meeting Investigating the Disappearance of Homa

County Assembly Mace

Members present

1. Hon. Walter Muok – MCA, Kanyadoto(Leader of Majority Party)

2. Hon. Ellyphalet Osuri – MCA , Ruma Kaksingri

3. Hon. Judith Omogi – Nominated MCA

4. Hon. Peter Kaula, MCA, Wang’chieng

5. Hon. Millicent Nyaboke, - Nominated MCA

6. Hon. Evelyne Otieno- Nominated MCA

7. Hon. Jeff Ongoro – MCA, Kanyaluo

8 Hon. Dan Were – MCA, Kakelo Kokwanyo

9. Hon. Paul Wamunga – MCA, North Karachuonyo

10.Hon. Edwins Kakach – Nominated MCA

11.Hon. Susan Onyango – Nominated MCA

12.Hon. Geofrey Opiyo – MCA, South Kasipul

In Attendance

1. Mr. Daniel Kaudo – Clerk of the County Assembly

2. Mr. Charles Olela – Deputy Clerk

3. Mr. Samson Otieno – Clerk Assistant

4. Mr. Stephen Ojako – Principal Clerk Assistant

5. Mr. John Oyoko – Sergeant At Arms

6. Ms. Joan Onywany – Hansard Editor

7. Ms. Caroline Milewa–Senior Executive Secretary

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MIN/HBCA/ADHOC/MACE/1/18: PRELIMINARIES

The chairperson Hon. Ellyphallet Osuri called the meeting to order at 11.15

a.m and word of prayer said by Hon. Judith Omogi.

MIN./HBCA/ADHOC/MACE/2/18: AGENDA

1. Adoption of committee recommendations

The committee clerks took members through the report and members

adopted the following f recommendations:

1. A substantive motion should be moved under Standing Order No.83 to

discuss the conduct and character of the Speaker and subsequently be

impeached.

2. The Chief Sergeant At Arms should be the sole custodian of the Mace

with a fully furnished office, a safe and a strong room.

3. There should be an integrated standard security operation manual for all

the security units operating in the Assembly.

4. There should be strict adherence to the chain of command as provided in

the structure of the Assembly.

5. There should be immediate procurement of a new gold coated County

Assembly Mace as is the case in Kericho, Nairobi and other County

Assemblies in Kenya.

6. The sergeant At Arms should undergo thorough and frequent trainings so

that they can perform their roles and responsibilities efficiently.

7. How to improve Homa Bay County Assembly Security Apparatus;

(a) County Assembly Service Board to purchase a safe for keeping of Arms

and Ammunition and to also provide Arms and Ammunition for use by the

Sergeant at Arms.

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(b) The physical locking systems to be upgraded to both electronic systems

with physical different configuration door locks.

(c) The County Assembly to adopt a 12 hours practical shut down policy to

safeguard the assembly from access during non-working hours.

(d) Provide all employees of the assembly with identification/security access

cards for identification

(e) The County Assembly Service Board to scale up the perimeter wall and

erect electric fencing on top of the perimeter wall.

(f) The County Assembly Service Board to provide intruder detection and

alarm systems together with fire detection and firefighting equipment.

(g) The County Assembly Service Board to install 24 hour CCTV surveillance

with a maximum coverage up to 10 meters beyond the perimeter wall and

with zero hidden paths.

(h) The County Assembly Service Board to purchase 3 Gareth Walk Through

Scanners to be stationed at both the front and the rear entrance and one at

the main chamber entrance.

(i) Assembly motor vehicles to be fitted with tracking devices.

(j) Homa Bay County Assembly Service Board to provide for lightening

arrestors within the assembly.

(k) Develop a visitor’s access policy.

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MIN/HBCA/ADHOC/MACE/3/18: ADJOURNMENT

There being no any other business, the Chairperson adjourned the meeting

at 1.20 p.m.

Sign…………………………… Sign…………………………………

Committee Clerk Chairperson

Date…………………… Date…………………………………

report - homa bay county assembly

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