• If there is no proof against the allegations, then the impeachment inquiry is dismissed.
Image: COURTESY
Embattled Kiambu Governor Ferdinand Waititu on Tuesday put up a spirited fight in the Senate to reverse his impeachment.
Waititu dismissed as propaganda, the gross misconduct, abuse of office, conflict of interest and violation of the Constitution grounds that the MCAs cited to remove him from office in December last year.
He is the sixth governor to be impeached. All those before him have survived.
Other governors who have been impeached and survived are Martin Wambora (Embu), Paul Chepkwony (Kericho), Mwangi wa Iria (Murang'a), now deceased Nderitu Gachagua (Nyeri) and Granton Samboja (Taita Taveta).
Waititu will appear before the Senate for the second day on Wednesday, when he will know his fate.
What is the process of removing a governor from office?
The process starts with the speaker of the Senate convening a sitting to hear the charges the county assembly levelled against the governor.
A special committee of 11 senators is then formed to investigate the charges against the governor and report to the Senate within 10 days.
If there is no proof against the allegations, then the impeachment inquiry is dismissed.
But if the committee finds proof, the Senate would proceed to vote on impeachment charges after assurance that the governor has received a fair hearing.
A governor holds the right to appear and be represented by a lawyer before the committee during the investigations.
A governor ceases to hold office if the majority of the senators vote in favour of the impeachment.
However, if they vote against it, the Senate Speaker notifies the county assembly Speaker.
An MCA can reintroduce the charges after three months from the day the Senate votes against the impeachment charges.
In Waititu's case, he will defend himself on Wednesday morning.
He will avail witnesses, if any and then in the afternoon, senators will retreat to discuss submissions by both parties before returning to take a vote.
Impeached governors
Wambora survived two impeachment motions in 2014, but was saved on both occasions by the court.
In 2014, Chepkwony was also impeached but the Senate committee investigating him cleared him of all charges.
In 2015, Wa Iria was impeached, but senators saved him.
In 2016, Gachagua was impeached, but senators saved him as well.
In 2019, Samboja was impeached, but senators saved him.
Waititu now awaits his fate.