Impeachment: Here are the charges against governor Waititu

Kiambu governor Ferdinand Waititu is currently facing an impeachment trial at the Senate.

This comes after the Senate in a special sitting last week rejected the motion seeking to establish an 11-member committee to investigate the impeachment claims.

Sections of the senators who were called from recess had proposed that the committee be chaired by Kakamega Senator Cleophas Malala and be deputised by Nakuru's Susan Kihika.

The embattled governor is facing impeachment after Kiambu MCAs voted to remove the county chief on December 19 for alleged gross misconduct and abuse of office. 

The impeachment split Jubilee senators, with those allied to President Uhuru Kenyatta pushing for the upholding of the assembly’s decision while DP William Ruto’s supporters opposing it.

There has been intense lobbying by both camps.

Here is a synopsis of the charges against the governor;

 1. Lack of accountability in the Management of county resources by incurring unsustainable debts and other pending obligations to the tune of 4 billion.

2. Disregarding the County Assembly as an arm of the County Government. Waititu allegedly diverted funds intended for use by the assembly to projects where he would obtain personal benefits through Irregular procurement.

3. Awarding Sh2.1 billion towards road tarmacking contracts against the approved Sh1.4 billion. By doing so, waititu was violating the constitution of Kenya , 2010 Article 2019 (a), (d) (e) on principles of public finance.He exposed Kiambu to huge losses through potential suits for Breach of contract and poor pending bills.

4. Failure to establish the county budget and economic forum as stipulated in section 137 of the public finance management act 2012 as a result, the county has sabotaged public consumption as regard

According to the speaker of the senate, Kenneth Lusaka, the failure was deliberate to create an atmosphere of chaos to facilitate that plunder and loss of public resources.

Criminal offenses charges.

Waititu is accused of facilitating the irregular transfer of 0.135ha of land in January 2018 from one  Cecilia Njoki Mbugua to Wamuyu Nyatu.

Lusaka said the charge is Forceful dispossession.

The two plots of land were part of the widow's inheritance from her deceased husband.

The land is situated within Thika municipality.

Abuse of office charges.

The governor is said to have influenced the award of lucrative tenders to companies associated with immediate family and relatives.

Waititu is further accused of usurping the power of the county public service board to regulate the engagement of persons on contract, volunteers and casual workers in the county by directly creating  directorates and hiring staff on a casual basis as directors and assistant directors

The governor allegedly hired 600 casual workers without the involvement of the public service board.

Upon realizing that he was cornered, Waititu fired all the said staff exposing the county to multiple suits and loss of public funds.

Babayao is also accused of imprudent use of public funds in payment of staff without authorized staff records.

The governor, his wife Susan Wangari, and eight others are facing graft cases after being accused of irregularly awarding themselves Sh580 million tenders.

He also faces charges of abuse of office by awarding tenders to get kickbacks.

Should the Senate uphold any of the charges, Waititu shall stand impeached and will subsequently vacate office.

Since 2013, Waitutu is the fifth governor facing senators over impeachment.

However, only one case, that of Embu Governor Martin Wambora, has been successful. But Wambora did not leave office due to court orders.

Late last year, the Senate rejected the impeachment of Taita Taveta Governor Granton Samboja for lack of enough evidence.