•At Tuesday’s sitting, the senators will decide on whether Sonko’s case will be prosecuted before the plenary or a special committee formed to investigate the allegations levelled against him.
•Section 33 of the County Governments Act states that the Senate, by resolution, may appoint a special committee comprising 11 members to investigate the matter
Image: FILE
Senators have stirred up debate on Twitter ahead of Tuesday’s special sitting to decide on the mode of prosecuting Nairobi Governor Mike Sonko’s impeachment.
The lawmakers are engrossed in bitter exchanges over Sonko’s removal in what appears to have split the legislators along the pro and anti-handshake axis.
Speaker Kenneth Lusaka is set to gazette a special sitting of the members on Tuesday to consider the flamboyant county chief’s impeachment after he received a notification from Nairobi speaker Benson Mutura on the Assembly’s resolution to remove the governor.
Either Majority leader Samuel Poghisio or his Minority counterpart James Orengo is expected to petition the speaker, with the support of at least 15 senators, to gazette the special sitting.
The lawmakers who went on Christmas and New Year Holidays are expected to resume for the fourth session on February 9, 2021.
The County Government Act requires the speaker to communicate a resolution from the county assembly to the senators within seven days of receipt of the notification.
Senators Kipchumba Murkomen (Elgeyo Marakwet), Mutula Kilonzo Jr (Makueni), Johnson Sakaja (Nairobi) and Ledama Ole Kina (Narok) have stimulated the debate ahead of the high-stake sitting.
Murkomen ignited the argument with a tweet directed at Minority leader James Orengo and Mutula, who is the Minority Chief Whip.
“Governor Sonko impeachment mirrors (ex-Kiambu Governor) [Ferdinand] Waititu’s. It is state sponsored,” he posted.
He claimed that the county assembly did meet the two-thirds threshold to impeach the governor, adding that "fraudulent" figures were announced on the floor.
Sonko was impeached on Thursday after 88 MCAs voted to in favour of the ouster motion. Only two of the 90 ward representatives who logged into the voting system, voted against the motion.
However, Sonko and MCAs allied to him cried foul saying the threshold was not met as many were in Kwale with the governor.
“Impeachment is procured by force. Luckily Sonko has documented evidence well but don’t rely on Senate; Orengo and Mutula with a call from above can do anything,” Murkomen asserted.
Mutula reacted almost immediately, terming Murkomen a siren.
“Mutula and Orengo again. You have become a siren,” Mutula hit back.
To which, Murkomen responded, “You are right bro. I want to be the siren of truth. The siren of fairness. The siren of justice.”
At this point, Sakaja came in and attempted to cool down his colleagues from what was fast degenerating into a nasty exchanges.
“Wacheni” [stop it],” Sakaja told them.
Mutula then asked the former TNA chairman to ‘tell your friend not to drag my name into his tweets. Nimetulia kwa tent yangu (I'm minding my own business).’
Ledama also waded into Sonko ouster and questioned the motive of removing and "harassing" the governor.
“Why now? Let Mike Sonko be free to carry put his constitutional mandate! It is wrong to harass an elected leader when he questions the legality of any action,”
Kericho Senator Aaron Cheruiyot posted, “The numbers game begins. Sonko has shown us videos of his 57 MCAs. The speaker says 88 voted in support. From the Waititu experience, Mike Sonko should seek justice in courts. If it gets to the floor of the senate…. Shamba la Wanyama."
At Tuesday’s sitting, the senators will decide on whether Sonko’s case will be prosecuted before the plenary or a special committee formed to investigate the allegations levelled against him.
Section 33 of the County Governments Act states that the Senate, by resolution, may appoint a special committee comprising 11 members to investigate the matter. At this point, the committee may invite the governor and the county assembly to argue cases.
“A special committee appointed to investigate the matter and report to the Senate within 10 days on whether it finds the particulars of the allegations against the Governor to have been substantiated,” the Act states
In this case, if at least six of the 11 members of the committee reject all the grounds for impeaching the governor, the impeachment will flop and the governor resumes his duties.