• Failure to do so, the lawmakers said it will become the responsibility of Homa Bay MCAs to institute proceedings with the view of removing the county chief.
Image: FILE
Homa Bay Governor Cyprian Awiti risks being removed from office on grounds of incapacity, senators declared yesterday.
The Senate County Public Accounts Committee gave the county chief 30 days to appear before it to respond to audit queries.
Failure to do so, the lawmakers said it will become the responsibility of Homa Bay MCAs to institute proceedings with the view of removing the county chief.
“It shall be the responsibility of Homa Bay county assembly to consider whether the governor is fit to continue holding public office in line with the Constitution and the County Government Act,” the committee chaired by Senator Moses Kajwang’ resolved.
"In regards to his capacity and fitness to hold public office, the Senate will seek legal opinion on the matter,” the Homa Bay Senator said.
Governor Awiti failed to appear before the committee as summoned “having travelled out of the country for specialised attention.”
County secretary Isaiah Ogwe, in a letter to the Senate, stated that the governor preferred a date in June.
“I write to confirm to you that Cyprian Awiti is currently undergoing medical treatement and requests that consideration of the audit report be rescheduled to a later date, preferably in June, to enable him attend,” Ogwe wrote.
The lawmakers further reprimanded the county officials for failing to file responses in regards to the audit queries in as much as the governor was not available.
The situation mirrors the challenges that the county has had in the wake of the governor’s absence, at first occasioned by his fight to retain the seat at the courts and now ill-health.
Awiti took leave on medical grounds and handed over the running of the county to deputy governor Hamilton Orata.
This was even as MPs led by Opondo Kaluma (Homa Bay Town) sought the county’s dissolution citing corruption and poor service delivery to residents.
The lawmaker wants the national government to take charge of the county and an election held to replace Awiti’s administration.
A team of lobbyists – Bunge La Wenye Nchi, also said they are collecting signatures to institute the governor’s removal from office.
Apart from the audit queries, the governor was also expected to respond to question regarding the county’s stalled Sh3.8 billion hospital project and challenges at the Homa Bay Referral Hospital.
Kajwang’ directed the county to furnish the committee with the governor’s travel documents and certified medical report to justify his (Awiti) absence.
“We shall set a new date of appearance but not later than 30 days from today. This is in line to the requirement that senate complies with Art 228 requiring three months study of documents,” the lawmaker said.
“In the event the governor is unable to attend, the Senate shall impose sanctions as spelled in Section 19 of the Privileges Act, Public Finance Management Act, and the Public Audit Act.”
The law (Privileges Act) says witnesses who fail to appear risk paying a Sh500,000 fine or face arrest as may be recommended by the respective House committee.
Senators at the committee warned governors against being incited not to appear before CPAIC saying those inciting them are the true enemies of devolution.
Narok’s Ledama Ole Kina said: “Even though the governor is the CEO, the fiduciary responsibility falls within the government. I expected the county to state that they honoured the invitation and filed responses…We are not here to waste time.”
Kisii Senator Sam Ongeri said: “We don’t have a provision in the Constitution recognizing governors in a group. Audit queries are for individual counties whose governors have to appear before us…there are no hard feelings between us and them.”
Kimani Wamatangi (Kiambu) criticized the county for failing to submit its written responses saying, “Had they intended to account for the resources allocated to the people of Homa Bay.”
“In as much as they sent the letter, it does not mean his entire office was indisposed and therefore, could not present the written responses.”