Senate has unanimously voted against the impeachment of embattled Nyeri governor Nderitu Gachagua for lack of sufficient evidence in the charges brought before the August House.
Gachagua defeated the impeachment attempt on Wednesday night despite a spirited fight by the County Assembly to remove him from office.
Senators, after a two-day grueling plenary hearing, voted on all the three charges separately to save the governor.
The debate was staged following a petition by the Nyeri county assembly to have Gachagua sent home, 10 months to the general election.
On the first charge of violation of the constitution, 31 senators voted against the accusation, one supported the motion while another senator abstained.
In the second charge of failing to comply with the law, 32 senators voted against it while one supported the allegation.
Regarding the third charge of abuse of office, 32 senators voted against while one abstained.
Only leaders of delegation from counties are allowed to vote, who are elected senators while nominated senators are not required to vote.
Nyeri on September 2, for gross violation of the constitution, failure to comply with the law and abuse of office leading to Sh1.7 billion losses.
Had he to be impeached, then his deputy Samwel Githaiga would have had to assume office for the remaining 10 months before the 2017 general election as provided for in the constitution.
No by-election is required upon the impeachment of a governor.
The Senators dismissed allegations of impropriety leveled against the governor as they sought to set the impeachment threshold for county chiefs higher.
Most of the legislators have already declared interest in unseating incumbent governors.
In quashing the impeachment bid by MCAs, it means that the governor will continue performing his functions as the Nyeri county CEO, despite a rather frosty relationship with the assembly.
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Senators who spoke after the vote appealed to the governor to embrace dialogue and mend fences with MCAs, to move the county forward.
Gachagua’s impeachment proceeding set a precedent as it is the first by the Senate to be conducted in plenary.
This was after senators earlier rejected the formation of as special committee to probe charges against him.
The House decided in favour of a full House hearing following fears that a select committee could be easily compromised given past impeachment experiences which were rocked by claims of being influenced.
The Senate said some of the issues raised can be addressed with government agencies including the Auditor General and the controller of budget since they don't amount to the extreme consequence of impeaching the governor.
Senate Deputy Majority leader Kipchumba Murkomen said the governor should be set free.
"On accusation of failure to comply with the law,
that is not one of the grounds for impeachment of a governor provided for in the constitution," he said.
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Siaya Senator James Orengo opposed the impeachment motion saying the grounds provided alongside the evidence tabled by the County Assembly can't be relied on to send the governor home.
"These grounds require a higher standard of proof,
we admit there are challenges that must be addressed by the governor even after this process," he said.
Nandi Senator Stephen Sang' accused MPs from the county of Nyeri for trying to direct the Senate on how to conduct its affairs.
"They expressed interest in this matter in processions and have been sending message here,
we want to tell them that it is upon this House to make a decision," he said.
"There have been violations of the law but in my mind they are not gross and therefore the governor should be left off the hook, " said Busia Senator Amos Wako," he said.
"Stay on but within 30 days you comply with the law,
the grounds are not sufficient to tell you to go home, " he added.
Kakamega senator Boni Khalwale dissented with colleagues and supported the impeachment motion saying the evidence before Senate was enough to convict the governor.
"The evidence is that the Sh352 million was not disclosed that is evidence, the allegations are grave , since then are serious glaring issues this House must rise and send a clear message to governors that it has zero tolerance to corruption, I say that this governor should go home, " he said.
Nyeri Senator Mutahi Kagwe who spoke last asked the governor humble himself and realised the need to work together with the people of Nyeri.
" I feel that it is a historic occasion, whatever the outcome it will not be the victory nor the lose of any party, the image of our county is in pain it is not good, the MCAs of Nyeri have raised the par county management," he said.
"Whenever a county does well the credit goes to the governor, and so when a county is in problems that should be borne by the governor," he said.
This is the fifth impeachment incident before the Senate given that Machakos deputy governor Benard Kiala's impeachment was processed but dismissed for lack of merit by the Senate.
Gachagua becomes the third governor-and the fourth to be sent to the Senate for impeachment- in an attempt by MCAs.
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Only Embu Governor Martin Wambora was found guilty of the accusations against him and his impeachment was confirmed by the Senate, the House overseeing devolved units.
He, however, contested the decision in court and his impeachment was quashed by the Court of Appeal.
Kericho Governor Paul Chepkwony and his Murang’a counterpart Mwangi Wa Iria kept their jobs after the accusations against them were dropped by the senate for lack of enough grounds to warrant impeachment.