SHOOTING IN THE DARKNESS

Nyandarua Speaker Wahome Ndegwa faces impeachment

Over 25 legislators out of 39 Nyandarua MCAs have signed in support of the motion to impeach Ndegwa.

In Summary

Ndegwa faces ouster on grounds of  gross violation of the constitution, gross misconduct and incompetence.

He however, contends the MCAs are only chasing the shadows and shooting in the darkness

Lawyer Victor Tuya (right) Nyandarua Leader of the Majority Edinald Kingori (second right) and Chief Whip Wangari Methu (left) lead Nyandarua MCA to serve the notice of motion of removal of the Speaker to the office of Nyandarua Assembly clerk on Wednesday December 16, 2020
Lawyer Victor Tuya (right) Nyandarua Leader of the Majority Edinald Kingori (second right) and Chief Whip Wangari Methu (left) lead Nyandarua MCA to serve the notice of motion of removal of the Speaker to the office of Nyandarua Assembly clerk on Wednesday December 16, 2020
Image: Ndichu Wainaina

Nyandarua MCAs have issued a notice of motion for the removal of Speaker Wahome Ndegwa barely two weeks after firing the warning shot.

Over 25 legislators out of 39 Nyandarua MCAs have signed in support of the motion to impeach Ndegwa on grounds of gross violation of the constitution, gross misconduct and incompetence.

The MCAs who had gone to serve the motion to the Nyandarua Assembly Clerk on Wednesday afternoon in company of lawyer Victor Tuya got a rude shock after they got the assembly locked with not a single worker or official in sight, forcing them to pin it at the assembly’s door.

The legislators accused Ndegwa of conflict of interest where they allege, he has an associate employee of his law firm, Ndegwa Wahome & Company Advocates appointed as a member of Nyandarua County Assembly Service Board.

They said he sat through the meeting that saw the nominee shortlisted, and sat through the interview where the nominee appeared before the board he chairs.

On nepotism, they accused the speaker of influencing the employment of three of his close relatives as employees of the Nyandarua county assembly.

They further accused him of abuse of office where in 2013-2014, they said, had himself paid using funds for the county assembly for a car that belonged to him where the price was inflated. They also accused him of aggressively interfering with the law to have tenders awarded to parties close to him, their allies or himself.

Lawyer Victor Tuya (left) Nyandarua Leader of the Majority Edinald King'ori and other MCAs finds the Nyandarua assembly offices locked with no worker or official in sight when the arrived to serve the notice of motion of removal of the Speaker on Wednesday December 16, 2020
Lawyer Victor Tuya (left) Nyandarua Leader of the Majority Edinald King'ori and other MCAs finds the Nyandarua assembly offices locked with no worker or official in sight when the arrived to serve the notice of motion of removal of the Speaker on Wednesday December 16, 2020
Image: Ndichu Wainaina

As the chairperson of the county assembly Service Board, he is accused of violating Section 21 of the County Assembly Services Act by appointing a different person other than the deputy clerk when the vacancy in the office of the Clerk arose.

He instead created the position of Senior Deputy Clerk and filled it with a junior officer. The position of the clerk has not been filled for three years despite the requirement that it be filled within six months of the occurrence of the vacancy.

Ndegwa is also cited for gross violation of Public Finance Management Act by appointing himself as signatory to bank accounts at SBM and Equity banks.

He is also accused of abusing the authority of the county assembly for declining to read to the House a message from the governor informing the assembly of the Revised Executive Structure, despite persistent effort and reminders. He acted ultra-vires in rejected a gazette message to the county assembly, a power he does not have.

On gross misconduct, he is accused of abusing a member of county executive committee in writing, terming them as witch doctors among other use of abusive language. The abusive language was uttered in public and similarly posted on social media platforms. This the MCAs contend undermines public confidence in the integrity of the office of the Speaker of Nyandarua County Assembly.

On incompetence Ndegwa is accused of lack of impartiality and misinterpretation and flouting of the Standing Orders.

Nyandarua Leader of Majority Edinald King’ori also said it is illegal for Ndegwa to order the closure of the assembly, a public institution on a working day as Wednesday, to frustrate service of the motion for his impeachment.

Contacted for comment, Ndegwa told the Star that those baying for his blood cannot be motivated by “those purported grounds but other motives which only them can explain.”

He said the burden of proof lies with his accusers and they shall be put to strict proof.

“What I can tell you is this is chasing shadows and shooting in the darkness,” he short text to the Star read

Ndegwa, who is also the chairman of the County Assemblies Forum chairperson Wahome confirmed the forum is solidly in support of the BBI.

He was clearing the air over misrepresentations in sections of the country to the effect that CAF was against BBI.

“We absolutely have no problem with Constitutional Amendment Bill (2020) since assemblies and the family of devolution are actually the greatest winners in the document,” he said.

Notice of motion for removal of Nyandarua speaker pinned on the wall by the door on Wednesday December 16, 2020
Notice of motion for removal of Nyandarua speaker pinned on the wall by the door on Wednesday December 16, 2020
Image: Ndichu Wainaina

He said the counties will get 35 per cent of the national budget pegged on the last audited accounts without necessarily requiring approval of the parliament.

This means counties will be getting almost a trillion from the budget, and Nyandarua can get around Sh20 billion which can transform the County into a middle level economy within five years or ten years.

“We have also assured the President that we shall walk hand in hand with him in the fight against corruption,” he said.

He also noted that assemblies will also be financially independent since a County Assemblies fund has been created, and that the parliament will only amend the Public Finance Management Act to remove requirement of a CECM in the budget cycle.

“It’s a huge win for assemblies,” he said.

The chairman further expressed delight that the Ward Development Fund initiative that was shot down in Parliament has now been incorporated in the BBI.

Other gains for assemblies he noted were have MCAs appointed as CECMs, and inclusion of Article 179 (4) which provides that the Governor and the Deputy Governor are the County CEOs but shall be directly answerable to the assemblies.

Leaders shall also no longer be required to resign six months in advance in order to contest for political seats. 

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