• Public and administration committee summoned county boss to explain several issues, including ongoing hiring of 236 village administrators without a budget to pay them.
• Wangamati, though a letter written by the county secretary, said he won't appear because the assembly had no powers to summon him. He called called the summons unprocedural and unconstitutional.
Image: JOHN NALIANYA
Bungoma Governor Wyclife Wangamati's snubbing of summonses by the county assembly has offended MCAs who have started impeachment proceedings.
The public and administration committee led by Khalaba MCA Majimbo Okumu had summoned the county boss to clear the air on several issues. They include recruitment of 236 village administrators, though there's no hiring budget.
But Wangamati said the assembly and its committees have no powers to summon him. In a letter written by the county secretary, the county boss called the summons illegal, unprocedural and unconstitutional.
He also said assembly clerk John Mosongo did not sign the summons as required by law. He was summoned by assembly speaker Emmanuel Situma.
Committee chairman Okumu said the governor cannot "hide behind technicalities to skip appearances and avoid answering critical questions about governance".
“[He's playing his usual tricks, hiding behind lame excuses instead of coming to address pertinent issues of public concern," Okumu said.
Wangamati alleged the committee on public administration had already taken a premeditated position that there is misinformation and incitement of the public on governance.
“The chairman of the committee, Honourable Majimbo Okumu, has made public comments on the matters raised before the committee, thus raising doubts on his impartiality to adjudicate the matter," Wangamati's letter read.
The governor said he can only appear before the committee of the whole house at a later date to be agreed upon.
Kenya Constitution Article 195:
"County assembly power to summon witnesses. (1) A county assembly or any of its committees has power to summon any person to appear before it for the purpose of giving evidence or providing information.(2) For the purposes of clause (1), an assembly has the same powers as the High Court to—(a) enforce the attendance of witnesses and examining them on oath, affirmation or otherwise ..."
Committee members' reactions varied, some calling for very tough sanctions, including impeachment for violating the law.
Some members said the governor's decision not to honour the summons violates the County Assembly Privileges Act, which can be grounds for impeachment. Other members said Wangamati was disrespecting and demeaned the county assembly.
The assembly's legal affairs office said summonses to appear cannot be controverted by a letter from the county secretary
Addressing a press conference, MCAs said this was not the first time the governor had undermined the assembly and failed to answer pertinent questions. They said they had no choice but to start impeachment proceedings.
The public administration and ICT committee had summoned Wangamati to appear on Tuesday, May 4, but he failed to show up and county secretary Joseph Wambati wrote a letter saying his appearance would be against the law.
Infuriated MCAs accused the governor of disregarding the law and undermining assembly committees by failing to honour summonses. Committee chairman Okumu acknowledged they had received a letter from the county boss.
“As we were waiting for the governor to appear before us regarding the hiring of the village administrators, he never turned up. He has contravened provisions of Articles 2 and 3, he does not respect the law and does things haphazardly," Majimbo said.
Majority leader Joseph Nyongesa accused Wangamati of undermining the MCAs, not following the law and trying to do things his own way.
“We are thinking of doing something against him and we are asking Bungoma residents to support our next course of action against the area CEO for his continued disregard of the law and undermining the assembly,” Nyongesa said.
A committee source told the Star in confidence MCAs are preparing an impeachment motion. It will be delivered to the speaker by Thursday before it is tabled on the floor of the house by Tuesday next week.
Wangamati was to be grilled on the planned hiring of 236 village administrators. Interviews are underway but MCAs said there was no hiring budget. MCAs wanted to know why he adverted and interviewed candidates though he knew there was no hiring budget.
(Edited by V. Graham)