• The party was not keen on her getting impeached and urged the MCAs to utilize internal party mechanisms.
• She will be accorded the chance to be heard and will probably be successful in her defense.
The effect of the High Court order was to give Governor Ann Waiguru time to regroup so that she gets the time to defend herself.
In the current political climate, and given that Jubilee Party secretary general Raphael Tuju has pronounced himself on the matter, it would be safe to assume that Governor Waiguru may yet walk away from this current predicament.
The party was not keen on her getting impeached and urged the MCAs to utilize internal party mechanisms. This factor should lend Governor some comfort, since proceedings at the Senate should be fairer to her.
She will be accorded the chance to be heard and will, probably, be successful in her defence.
However, as a first term Governor, this challenge might be an indication her re-election chances might be slim. The fact is, the BBI process also needs the county assemblies to deliver on some votes.
As one of the BBI leading lights, if she cannot deliver the Kirinyaga county vote, that would be embarrassing to say the least.
The constitution leaves it up to parliament to enact legislation on the removal of a governor. Towards this end there is a bill in the offing, but it has yet to be enacted.
Image: Courtesy
In the meantime, the provisions in the County Governments Act provides some procedural guidelines. The process presupposes a motion in the respective county assembly.
It begins with a motion tabled before the assembly setting out the grounds as set out above. After debate, it requires that at least a third of the MCAs to vote in favour of the motion.
Once passed it is forwarded, within two days, to the speaker of the senate, can appoint an ad hoc committee of 11 senators, or the whole house, to listen to the case. If the allegations are deemed proven, the governor stands impeached.
In this instance there was a matter before court, and Judge Weldon Korir had issued some conservatory orders. He stated that due to the Covid-19 pandemic, a fair hearing could not be held.
However, on the other hand, he declined to give orders to stay the arguments on the same in the county assembly: this would be tantamount to interfering with their legislative independence.
At the end of the day, because the MCAs were not barred from conducting their business, they found a way, even with the Covid-19 epidemic.
This means that whatever the conduct of the assembly during the pandemic, if they met their threshold of notice, quorum and others, it will be deemed to be a sitting properly so held.
The advocate of the High Court spoke to the Star