Besieged Kisii Deputy Governor Robert Monda and the County Assembly face-off as his impeachment hearing begins in the Senate on Wednesday.
The parties are appearing before the whole House of the Senate for a two-day marathon hearing that will culminate in a vote to determine his fate.
The deputy governor faces four charges including abuse of office, gross misconduct and gross violation of the constitution.
In the case by the County Assembly that impeached him two weeks ago, the official is accused of taking a bribe of Sh800,000 from a resident to help her secure a job.
Monda is accused of attempting to influence Gusii Water and Sanitation Company's hiring decision by sending a Sh100,000 to its managing director.
“The Deputy Governor contravened Article 75 of the Constitution by attempting to influence the appointment process for the position of Commercial manager at GWASCO by offering a bribe to its managing director Lucy Wahito Wachira,” reads part of the charges tabled at the Senate.
In the hearing that begins at 9 am, the senators and the parties will hold a pre-trial conference, and deal with any other preliminary matters.
Thereafter, the parties will have an opportunity to make opening remarks before the MCAs take the stand to lay bare their case.
They will call the witnesses to firm their case against the deputy governor.
Monda will have an opportunity to cross-examine the witnesses.
On Thursday, he will take the floor to defend himself against the damning bribery allegations.
Later, all the 47 elected senators will vote to decide his fate.
At least 24 out of 47 elected senators will be required to vote in favour of the motion to uphold his ouster.
In the papers filed in the Senate, Monda will be represented by three lawyers led by senior lawyer Katwa Kigen.
Others are Wilkins Ochoki, Kelvin Michuki and a Mr Osoro.
The deputy governor has also lined up six witnesses in the case that could make or break his political career.
The witnesses include three Kisii MCAs; Thomas Nyabaro, Amos Onderi and Lilian Anyango.
Others are Joseph Misati and Ann Misati, both residents of Nyamira county and Kisii County Contractors Association chairman.
“We assure the Senate our full cooperation and adherence to all procedural rules governing the impeachment proceedings,” Kigen said in the documents filed with the Senate.
County Assembly, on the other hand, has lined-up four lawyers and three witnesses.
The legal team will be led by the experienced lawyers Ndegwa Njiru, Elias Mutuma, Ndegwa Mwangi and Anna Munyoki.
The assembly’s witnesses are David Oyagi, Gladys Aminga and Enock Maranga and affidavits of Dennis Misati and Lucy Wahito.
Kisii MCAs impeached Monda on February 29, after 53 out of the 70 members of the county assembly voted in favour of the motion.
One MCA abstained from voting, while 13 others opposed his dismissal.
Senate Speaker Amason Kingi said the MCAs are accusing Monda of using his position to solicit a bribe of Sh800,000.
“The particulars of this allegation are that the deputy governor violated Articles 10, 73, 75, and 232 of the Constitution by soliciting and receiving a bribe to influence the recruitment process at the Gusii Water and Sanitation Company,” the charges read.
The action, the MCAs said, breached the Leadership and Integrity Act sections 8, 9, 10, 11, 24, 32, 34 and Public Officer Ethics Act sections 9, 11(1), 11(2)(a)(i), (c) by compromising the integrity of a public recruitment institution for personal gain.
On abuse of office, the MCAs said by using his office to solicit a bribe, he conferred a financial benefit upon himself and attempting to influence Gwasco's hiring decision by sending Sh100,000 to its managing director.
Thus, he violated Articles 10, 27, 73 (2) (b), 75 and 232 of the Constitution, sections 8, 9, 10, 11, 13, 24, 32, and 34 of the Leadership & Integrity Act, section 11(1), (2)(a)(i), (c) of the Public Officers & Ethics Act and section 6(1)(a), (c), (2) (3) of the Bribery Act.
