•Embattled governor fights off impeachment, puts forward passionate appeal to the senators to save his job
•County chief pleads with lawmakers not to consider politics and propaganda in Kiambu in deciding his case
Image: FILE
Embattled Kiambu Governor Ferdinand Waititu yesterday fought off an impeachment motion against him and put forward a passionate appeal to senators to save his job and political career.
They county chief pleaded with the lawmakers not to consider politics and propaganda in Kiambu in deciding his fate.
“It is very unfair for someone who has worked hard. It’s is ungodly for me, who has worked hard, to be removed just like that, unceremoniously maybe because I am not in your politics,” he said.
He added, “Who knows? We have been changing parties. Nobody knows what will happen. So you cannot judge a politician from what was happening last week or yesterday. So I beseech you, don’t judge me on what happened or what is prevailing now. Please handle may case like any other case.”
The MCAs had accused Waititu of conflict of interest and contravention of the Constitution, PFM Act and the Public Procurement and Disposal Act, 2005.
They said the governor influenced the award of lucrative tenders to companies associated with immediate family members.
Further, they alleged that he facilitated the irregular transfer of 0.135 hectares plots in Thika belonging to a widow to his wife on the January 29, 2018.
The two plots, namely Thika Municipality/Block XI/877 and Thika Municipality/878, were part of the widow’s inheritance from her deceased husband. The Ombudsman investigated the matter and recommended to DCI and EACC to probe the governor.
The Governor alleedly hired over 600 casuals without the involvement of the
County Public Service Board. He was also accused of plunging the county government into a Sh4 billion debt.
Waititu's team of five lawyers protested breach of the Constitution and the law by the county assembly during his impeachment and poked holes in the charges advanced against him.
The lawyers urged the senators to reject the application, arguing that the ouster process was flawed. They said there was no requisite number of MCAs in the chamber when the motion was passed on December 19 contrary to the Standing Orders of the county assembly.
They also submitted that the assembly prosecuted the governor’s impeachment for more than 14 days contrary to the assembly rules.
“The Senate must consider the process that the motion went through in the county assembly. The assembly did not provide a list of members who voted in favour of the motion,” lawyer Charles Njenga said.
Lawyer Peter Wanyama, also acting for Waititu, questioned the decision of Senate Speaker Kenneth Lusaka to convene the house 28 days after the impeachment of the governor.
Section 33 of the County Government Act requires the speaker to summon a sitting within seven days of receipt of a resolution of the assembly.
“Article 187 of the Constitution and Section 33 of the County Government Act have been cast in stone and it doesn’t give the senate any digression whatsoever,” Wanyama said.
Lead lawyer Ng’ang’a Mbugua discounted the evidence adduced by the assembly to firm up the charges of against the county chief. He further said the assembly did not carry out public participation contrary to the Standing Orders.
Ng’ang’a said the governor does not play any role when it comes to accumulation of bills. He added that pending bills are not an impeachable offense.
“You were not told the role the governor played in the alleged award of tender. Does the governor evaluate tenders? Did he award a tender? In what way did he directly award a tender?” he posed.
But county assembly counsel Mbuthi Gathenji deconstructed Waititu’s submission saying that what the Senators were treated to was criticism of evidence adduced by the applicant.
“Every case will be determined on its own merit. We are in the era of zero tolerance to corruption. The Senate should make its verdict based on this era,” Gathenji said.
The county assembly submitted that although pending bills were an issue affecting nearly all the 47 counties, it should be prosecuted separately.
“My learned friends have alluded that pending bills are a problem of all counties. It’s like, we have all sinned but we will hang separately,” he said.
His colleague Nani Mungai urged the house to disregard the allegation that there was no quorum, adding that there was no law that required the county assembly to submit a list of members who voted on the impeachment day.
On the issue of timeliness, Mungai cited Kiambu County Assembly Standing Order 84 (5) which states that a motion will be introduced and can only be prosecuted within seven days.
On alleged land fraud, Mungai reckoned that the Ombudsman's recommendations were binding. He cited the Court of Appeal ruling in case of CAJ vs Vision 2030, where the court held that Ombudsman's resolutions are binding.
Waititu became the sixth governor since 2013 whose political career has come under scrutiny by the Senate. 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 evidence.
The Senate also saved governors Paul Chepkwony (Kericho), Mwangi wa Iria (Murang’a), the late Nderitu Gachagua (Nyeri) and former Machakos Deputy Governor Bernard Kiala.