- Fierce debate broke out in the Senate as Senators Boni Khalwale and Samson Cherargei clashed over the release of Kenyan activists
- Speaker Amason Kingi has repeatedly insisted on the observance of the law, insisting on evidence or removal, but the majority party strongly opposed the directive
- Kingi explained the reasons for expelling the senator from the parliament for the rest of the day’s session
Kakamega Senator Boni Khalwale was suddenly fired from the Senate after refusing to remove remarks involving the retired president Uhuru Kenyatta and the release of two Kenyan activists who were detained in Uganda.
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The incident on Tuesday, November 18, caused a heated debate in the Senate and revealed a great division among lawmakers regarding freedom of expression and compliance with parliamentary rules.
Who intervened in the release of Njagi, Oyoo?
The controversy started when Khalwale, who serves as Senate Majority Leader, compared Kenyans reportedly stranded abroad to the plight of activists Bob Njagi and Nick Oyoo.
The two had gone through 39 days of torture in the country Ugandawhere they claimed that they were held incommunicado by the country’s special military forces.
Amnesty International later revealed that their release followed high-level negotiations, which included Uhuru’s intervention.
Khalwale questioned why it allegedly took the former president, instead of the current head of state, to secure freedom for activists.
“It bothers me that it took the intervention of the former president and not the current president,” he said.
His remarks provoked an immediate objection from the Nandi senator Samson Cherargeiwho asked Khalwale to prove his claims with evidence or withdraw them.
“We must follow the law, Mr. Speaker. Can he testify in front of this Parliament because we do not want rumors from drinking booths,” he said.
Cherargei accused his colleague of relying on rumors and dismissed the comments saying they are not suitable for parliamentary debate.
Did Khalwale withdraw his claim?
Speaker Amason Kingi intervened and ordered Khalwale to testify or apologize.
However, the Kakamega senator stood his ground, insisting that his remarks did not require confirmation.
He claimed that this was ‘obvious’ and accused some leaders of trying to intimidate colleagues during the debate.
Kingi repeatedly asked Khalwale to agree, but the senator refused, instead opposing Cherargei head-on.
Khalwale emphasized that freedom of speech in Parliament was enshrined in the constitution and should not be curtailed.
He accused the Nandi member of parliament of hiding behind points of order to silence him and insisted that his background in politics meant he understood the workings of parliament better than his critics.
According to Khalwale, ‘the perception that the debate in this forum allows the intimidation of members undermines the constitutional guarantee of freedom of speech in the House of Representatives.’
He urged the Nandi senator to explain his discomfort and not to hide behind a point of order if he was not satisfied with the truth of what he was saying.
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Why was Khalwale expelled from the Senate?
Tensions rose when Khalwale tried to avoid further conflict by announcing that he would remain silent.
He reminded Parliament about his long political journey, saying he had fought for the constitution since his youth and would not be intimidated.
“We fought for this constitution for so long that instead of answering all the things said here, I choose to remain silent,” he agreed.
However, Kingi rejected the attempt to remain silent, deciding that silence was not an option in the face of the order.
“You choose to remain silent; therefore, it means you have failed to prove it, and the natural consequences will come out,” Kingi announced.
He then ruled that Khalwale was out of order and ordered him to leave the parliament room for the rest of the day’s session.
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