ODM, Jubilee politics to determine Sonko's impeachment

The fate of embattled Nairobi Governor Mike Sonko fate will be determined by MCAs in the coming seven days.

On Thursday, Makongeni MCA Peter Imwatok tabled a notice to impeach Sonko, accusing him of among other accounts, violating the constitution and abuse of office.

Impeachment talk has been rife since Sonko was arrested in December and charged with irregular procurement and payment of over Sh357 million.

He was also barred from accessing his City Hall office.

The Minority side, comprising NASA-ODM county assembly members, ignited the impeachment saying the county needs to move on, not stand still because of one man’s mistake.

The phrase that has been used in the assembly throughout the week 'The plane is landing' gained momentum on Thursday after the motion was tabled.

The brains behind it said they worked on the grounds since January which has led to sleepless nights and dedication of time.

The mover of the motion, Imwatok who doubles as the Minority Whip, told the Star that indeed the whole process was tiresome but virtuous brains of great men were at work.

“I know it came as a surprise to many that I was the mover but I saw that if I don’t take the bull by its horn myself, the motion could flop. I had to put a brave face and soldier on. I believe I was the only one who had the guts and so we decided it was I to move the notice,” he explained.

Imwatok said, without revealing the names, that they involved high-ranking state lawyers because of the legality of the motion.

“Lawyers had to be involved because we need this to sail through swiftly from the assembly to the Senate. The grounds will determine how it will be prosecuted in the senate so we had to take our time and thoroughly draft the grounds,” he explained.

When asked about the position of ODM MCAs voting on the impeachment, Imwatok said he is positive that the minority votes will be close – more than expected.

Deputy Minority Chief Whip Moses Ogeto said they spent sleepless nights from last month to prepare the grounds and motion.

“We had to seek legal advice from our seniors and lawyers due to the sensitivity of this issue but the plane (has) landed and we are now having our lifesaver jackets on, swimming towards the shore,” he said (laughing).

Embakasi MCA Michael Ogada, who was collecting the signatures, said the events were unfolding as planned.

“On Wednesday night we slept at around one and I personally woke up at three in the morning and we met to finalise on everything. Some of us are senior in this assembly and we know what to do, when to and how to do it.  That is why the motion came at its own pace," he said.

Giving his take on Jubilee MCAs, he said there will be surprises next week when the house decides to vote.

“These Jubilee MCAs who appear to be on the balance of the see-saw will see their true colours. All of them are suffering – cannot speak,” Ogada said

Which way for Jubilee MCAs?

All eyes will be on the Majority side of the house comprising 66 Jubilee MCAs. Nairobians will know whether they will join their Minority counterparts to impeach Sonko.

Most of them were not willing to go on record on their stand on impeaching the Governor.

On Wednesday close to 50 Jubilee MCAs held a meeting with Sonko on the impeachment issue.

A Jubilee MCA, who sought anonymity, said he was waiting to hear the grounds for impeachment and come up with a stand.

The NASA-ODM MCAs have the assurance that the motion will be passed with more than 90 votes.

Last year, most Jubilee ward reps said they will not participate in the impeachment of their own governor.

But in a television interview early this year, Jubilee secretary-general Raphael Tuju said that if the legislators intended to impeach Sonko, the party will not stop or interfere with the process.

He said the law allows them to do so and it is up to them to decide.

If they intend to save Sonko, then all the 66 of them can boycott the sitting which will automatically mean that the three-quarter threshold (85 MCAs) to pass the motion won’t be met.

Another option is to attend the plenary and the majority votes against the motion, thus saving Sonko.

 What next?

The first phase was completed on Thursday where a notice of motion to impeach the governor was tabled by Imwatok.

On the day of the debate, the mover will have 15 minutes to do so and propose a seconder before the speaker allows the house to give input.

According to Standing Order No 49 of the County Assembly of Nairobi, a motion to remove a governor from office is regarded as a special motion.

For the purpose of transparency, it is expected that the MCAs will vote openly to either support or reject the motion.

For the motion to go through, at least 85 MCAs are expected to vote in favour of the motion.

Nairobi County Assembly has 122 MCAs – 66 of them Jubilee and 56 ODM.       

For the motion to sail through, a good number from both sides must vote in favour of the motion.

If the motion goes through, the county assembly speaker must inform the speaker of the Senate within two days as per the County Government Act No 33.

The information is in writing and refers to the county assembly resolution passed to impeach the governor.

However, the governor continues to perform the functions of the office pending the outcome of the impeachment process.

Henceforth, the matter becomes the business of the Senate.