• The Kenya Kwanza senators capitalised on their numbers to reject the report of the ad hoc committee that had endorsed his ouster.
• Twenty-seven Kenya Kwanza lawmakers voted against each of the two charges Oduol faced, beating the 16 Azimio senators who had voted to uphold the charges.
Image: EZEKIEL AMING'A
President William Ruto’s troops in the Senate on Monday evening saved Siaya Deputy Governor William Oduol from impeachment in a dramatic vote that turned political.
The Kenya Kwanza senators capitalised on their numbers to reject the report of the ad hoc committee that had endorsed his ouster.
Twenty-seven Kenya Kwanza lawmakers voted against each of the two charges Oduol faced, beating the 16 Azimio senators who had voted to uphold the charges.
The vote implies that Oduol will continue with his duties as the deputy governor of Siaya.
“The net effect of this vote is that the Senate has failed to remove from office by impeachment Hon William Oduol, the deputy governor of Siaya and that the deputy governor continues to hold office,” Speaker Amason Kingi said.
The 11-member panel chaired by Elgeyo Marakwet Senator William Kisang had found him guilty of gross violation of the Constitution; and abuse of office and gross misconduct.
“That the charge against the deputy governor on gross violation of the Constitution and other laws, on the allegations of interference with the procurement through acts of bid rigging has been substantiated,” the report states.
The committee’s verdict immediately took a political angle between Ruto’s Kenya Kwanza and Raila Odinga’s Azimio senators.
The two camps bitterly clashed, with Kenya Kwanza senators rejecting the ouster report while Azimio lawmakers lauded the panel’s recommendation to impeach Oduol.
Deputy Minority leader Enoch Wambua, who was the first to take the floor, implored the House to approve the committee’s report.
“How can a person who has been found guilty of gross violation of the Constitution be allowed to serve as deputy governor?” Wambua posed.
Kiambu Senator Karungo wa Thang'wa faulted the committee for attempting to help the MCAs and Governor James Orengo to settle their political scores with the deputy governor.
“Are we going to be used to sanitise the politics of Siaya? When you say that you are going to remove a governor or a deputy governor for having uttered a false information at a political rally, is that a threshold to remove somebody from office?” he posed.
In its report, that was signed by all the members, the panel stated that the MCAs, who pressed the charges against Oduol, demonstrated that the deputy governor indeed attempted to interfere with a procurement process.
Oduol, the committee established, instructed director of supply chain management to change the tender categorisation on the procurement for the supply and delivery of certified seeds and fertiliser.
The committee also found the deputy governor guilty of misleading the public by giving false information.
“The evidence adduced and presented before the committee demonstrated that the deputy governor’s utterances that the county secretary Mr Joseph Ongutu was forced to resign by the governor were not true,” the report states.
The committee also established that Oduol’s utterances that funds allocated towards completion of the Siaya stadium had been reallocated in the supplementary budget for the financial year 2022-23 were not true.
“The committee finds that the allegation was proved and was therefore substantiated,” the committee said in the report.
The Kitui senator said the committee reports must have value and thus, the House should adopt the report by the panel.
“There is value in reports that are tabled in this House. They are supposed to inform the debate of this House,” he said.
Nairobi Senator Edwin Sifuna thanked the committee for giving "devolution" a chance to succeed in Siaya.
“In this document, there is an admission by the deputy governor himself at page 40 and 41 that he attempted to interfere with procurement. We shouldn’t go far. He should face the consequences,” Sifuna said.
Nyamira Senator Okong’o Omogeni, who sat in the impeachment committee, said the MCAs proved beyond any reasonable doubt that Oduol interfered with procurement.
“The charge facing the DG of Siaya is interference with procurement. That was a matter that was proved beyond any reasonable doubt,” he said.
However, Kenya Kwanza vehemently opposed the committee report.
Nyandarua Senator John Methu said the House needs to be cautious on matters impeachment that inflict long-term consequences on a person.
“Just nine months ago, they were merry making with him. Nine months later, we are here for impeachment. Once you have been successfully impeached, you can never occupy a public seat,” Methu said.
In its report, the committee recommended to the EACC to investigate the procurement of the deputy governor’s chair at Sh1.12 million and appropriate action be taken against any person found culpable.
“The office of the Auditor General to undertake a special audit of the Siaya county procurement processes to establish whether there was value for money and report to the Senate within 90 days of tabling of this report,” it states.