COMMITTEE OR PLENARY?

All eyes on Senate as Lusaka notified of Waiguru impeachment

Governor voted out for alleged gross misconduct but says MCAs acted in contempt of court.

In Summary

• Lusaka sought to assure the MCAs that the Senate shall accord both parties a fair hearing as stipulated in law. 

• Women leaders, led by Gender CS Kobia, say the governor was targeted for being a woman. 

A past Senate session.
A past Senate session.
Image: FILE

Embattled Kirinyaga Governor Anne Waiguru could have a date with senators next week after the relentless MCAs formally notified Speaker Kenneth Lusaka of their resolution.

Waiguru was removed on Tuesday after 23 MCAs voted in favour of the impeachment motion over alleged gross misconduct and abuse of office. The motion had been filed by Mutira MCA David Kinyua Wangui.

The representatives voted overwhelmingly to impeach the powerful and influential county chief over allegations of gross misconduct and violation of the Constitution.

 

And on Wednesday, the MCAs, led by Majority leader James Murango, submitted to Lusaka a notification of the assembly’s resolution, charges, evidence and a signed list of all the 23 legislators who voted in favour of the motion.  

“I write to inform you that in sitting held on the morning of June 9, the Kirinyaga county assembly in a motion supported by over two-thirds of all members resolved to remove Anne Waiguru from the office of the governor,” communication from County Assembly Speaker Anthony Gathumbi reads.

In response, Lusaka said, “I want to confirm that I have received the resolution by county assembly to impeach Governor Anne Mumbi Waiguru.” 

Section 33 (2) (a) of the County Governments Act, 2012, stipulates that a county assembly speaker should inform his or her Senate counterpart of the assembly's resolution within two days.

The Senate speaker shall, within seven days of the receipt of the notification, convene a meeting of the Senate to hear charges against the governor.

Kirinyaga Governor Anne Waiguru.
Kirinyaga Governor Anne Waiguru.
Image: FILE

In view of the foregoing, Lusaka said he had summoned a special meeting of the House Business Committee — the panel that schedules the business for the house — to decide the route to take in prosecuting the case.

The motion will be filed on the floor on Tuesday.

 

“I have called for a special House Business Committee meeting at 2.30pm on Thursday to deliberate whether we will form a committee to investigate the claims, or the governor shall defend herself before the plenary,” he said.

The Act stipulates that the House can form an 11-member committee to investigate the charges and table a report with recommendations within 10 days.   

Should a majority of the committee members reject the ouster, the motion shall stand defeated and the governor shall continue serving.

But should the majority support the removal, then the matter will be subjected to a debate in the plenary and a vote will be taken.

The other route is where the governor shall appear before all the senators with the speaker as the judge and argue out her case before a vote is taken.

Lusaka sought to assure the MCAs that the Senate shall accord both parties a fair hearing as stipulated in the law.

Speaking after submitting the documents, Murango, in the company of four other MCAs and county officials, maintained they were justified in their action.

He said they have a watertight case against Waiguru and pleaded with the Senate to serve justice to Kirinyaga residents.

He implored the President and Jubilee Party not to interfere with the process and instead, read the grounds they have fronted.

“Despite what many people think that Jubilee party told us not to impeach the governor, there was nothing like that. I am sure if the party sees the allegations and the evidence, they will change their stance,” the MCA said.

The Kerugoya rep denied that they defied a court order that stopped the removal, explaining that the ruling was wide open and that they were free to prosecute the motion provided they adhered to the Covid-19 guidelines.

“Kirinyaga has lawyers and we always get an opinion from ours. In Kirinyaga, we have zero cases of Covid-19,” he said.

MCA David Mathenge, who seconded the impeachment motion, said, "We are pleading with the President that if she comes to cry to at State House or Senate, please go through the evidence that we have brought here."

Women leaders on Wednesday came out guns-blazing in defence of Waiguru. They claimed the purported impeachment was purely a political witch-hunt and perpetrators were hiding under integrity issues to settle scores.

The women leaders, led by Gender CS Margaret Kobia and Kitui Governor Charity Ngilu, protested the impeachment, claiming Waiguru was being targeted because she is a woman.    

“It is unfortunate Waiguru's term is being cut short by the alleged impeachment. We are disappointed that the governor is being disturbed during the fight against Covid-19, which is negatively impacting on socioeconomic development of the country,” the CS said.

Kobia said the procedure was not followed in removing Waiguru, reiterating that she fully supports the Common Women Agenda (COWA).

Ngilu said the impeachment was part of a grand scheme to bring Waiguru down.

"We strongly condemn it. My sister Anne, take heart, hold your head high and continue serving the people of Kirinyaga. You will be vindicated," Ngilu tweeted.

Also coming to Waiguru’s defence were Homa Bay Woman Representative Gladys Wanga and Senate Deputy Speaker Margaret Kamar who termed the Tuesday impeachment as malicious and illegal.

 "This travesty flies in the face of the law given the court order stopping proceedings," Wanga said.

Kamar said, "Due procedure shall be followed in the Senate and sober deliberations made without sideshows. The right to a fair hearing is well safeguarded in the Constitution.”    

The Uasin Gishu senator further added that female leaders must be respected.

Kobia’s statement elicited a backlash from some Kenyans, with Nakuru Senator Susan Kihika accusing the CS of selective protection of women leaders.

“Wondering if a similar letter from Kobia for Mbarire and I got lost in the mail? Could the Ministry of Gender be aware that we are women too?” Kihika asked.

Kihika and nominated MP Cecily Mbarire were recently removed as Senate Majority whip and National Assembly deputy whip respectively.

Edited by R.Wamochie 

WATCH: The latest videos from the Star