Governors now push for tightening of impeachment laws

Amid fresh wave of impeachments, governors are now calling for tightening of laws to save them from erratic removal by MCAs and senators on flimsy grounds.

This even as the county chiefs under their umbrella, the Council of Governors, unanimously retained Kirinyaga Governor Anne Waiguru as  chairperson.

In the polls held during the council’s full meeting at CoG headquarters in Nairobi, the governors also retained Wajir Governor Ahmed Abdullahi as vice chairperson and Nandi’s Stephen Sang as the whip.

Waiguru, who retained the seat despite initial murmurs from her colleagues over her alleged dismal performance in the last one year, said they are disturbed by the frequent impeachments.

“As governors we are extremely concerned that when you compare the process of removing an MP, for example, from office or a senator or a MCA, when you compare that process to the process of removal of a governor, you find that there is a very huge difference,” Waiguru said.

At least one governor and a deputy governor have been impeached by MCAs – and saved by senators – with at least three county chiefs currently facing the chopping board.

They are Meru Governor Kawira Mwangaza and Siaya Deputy Governor William Oduol.

Those facing removal are Mwangaza , Kimani Wamatangi (Kiambu) and Amos Nyaribo (Nyamira).

Consequently, the CoG wants Parliament to amend the Council Government Act, 2012 that provides for procedures and threshold for removal of governors.

Waiguru said they want the threshold to be at par with that of MCAs, MPs and senators.

“The procedure of removing an MP is quite lengthy and it’s made very tedious and it’s limited in terms of time,” she said.

“You are told that you cannot start removal of a Member of Parliament within the first two years from the date of the election. Then you cannot attempt to remove a MP a year before elections.” 

Article 181 (1) states that a county governor may be removed from office on gross violation of Constitution or any other law, gross misconduct or physical or mental incapacity to perform the functions of Office of County Governor.

Section 33 of the county governments provides procedures for removal. The law provides that a third of the MPs shall sign a petition for the motion to be tabled on the floor.

At least three-thirds of the MCAs are required to approve the removal motion.

For MPs and MCAs, article 104 provides for their recall, with Election Act providing for procedure of their removal.

This process can only be initiated 24 months after the election of the MP and not later than 12 months immediately preceding the next general election.

This means there is only a two-year window to recall these elected leaders.

“What we are saying is that what is good for the goose is good for the gander. We do not want a situation where county governors are treated in a lesser manner than MPs and MCAs,” Waiguru said.

In her address, the governor, who is now serving her last term as CoG chairperson, said that the elections were through consensus.

“As it has been our tradition, the council’s elections are undertaken through consensus, and we have unanimously agreed on the leadership that will steer the council for the next one year,” the Kirinyaga governor said. 

In the elections, Nairobi Governor Johnson Sakaja, Wavinya Ndeti (Machakos) and Dhadho Godana (Tana River) were axed from their Technical Committees as chairpersons of Human Resource, Trade and Industry and Security chairpersons, respectively.

Instead, Governor Susan Kihika (Nakuru) was elected the Trade and Industry chairperson, Mutahi Kahiga (Nyeri) took Human Resource docket, while Benjamin Cheboi (Baringo) was elected as chairperson of Security and Foreign Affairs.