An impeachment motion to send home Kisii county administration executive member Alfred Ndemo was late Tuesday resoundly defeated after motion mover Michael Motume failed to marshal enough support.
Ndemo has been out of office for close to a year following his interdiction by Governor Simba Arati over undisclosed reasons.
For a week, an ad hoc Kisii Assembly House committee headed by Masige East MCA Motume grilled him over alleged abuse of office claims.
Among the charges that had been levelled against Ndemo included alleged misuse of his powers where he allegedly asked an enforcement officer to escort him home.
The committee said in its report other charges included him purpoting to have been "appointed by the governor to the Implementation Committee on the Establishment of the County Industrial Park while knowing the same to be untrue and spearheading the project without due authorization in line with the law".
During voting, 43 MCAs voted against the impeachment motion while 23 voted to have Ndemo removed from office.
One member abstained while another absconded voting.
Ndemo emerged best overall among applicants for the administration, public participation and office of the governor position during the interview.
During debate on the ouster motion, Minority chief whip Denis Ombachi, faulted the report rooting for the executive's impeachment saying it did not capture substantive matters grave enough to warrant an impeachment.
"Impeaching a man decorated from University of London and who has painstakingly studied to Phd level to come and serve his people is akin destroying lives," he said.
"Dr Ndemo vigorously campaigned for Arati and looked forward to getting a job from him having sacrificed for him," Ombachi said.
"Please, let's find other ways of resolving issues. Impeachment is a painful process to drag our sons and daughters. An enforcement officer escorting a CEM home should not constitute an offence worth being tabled for impeachment here.
"We are not here to deconstruct and destroy lives," Ombachi said.
Bokimonge MCA Amos Onderi defended Ndemo saying he was barely 50 years with three children.
"Sending him home in so an inhumane manner is sacrificing the career built on sound academia.
"The findings presented here have converted hearsay into evidence. Some of the letters forwarded did not even bear the stamp yet we are here to pass a verdict on a motion built on quick sand," he said.
On the alleged bullying of staff, Onderi poked holes in the allegation saying the report lacked testimony from the aggrieved.
"Under what ground then do you stand to indict Ndemo on account of nonexistent testimony?," Onderi posed.
Masimba Ward Rep Bouse Mairura said there were other sober ways in solving problems than condemning an innocent soul because of personal differences.
Ichuni MCA Wycliffe Siocha, who supported the impeachment, said every state officer is under oath to work in line with the laid down regulations.
Bogeka MCA Richmand Manani, who also supported the motion, said though Ndemo was his personal friend, having a Phd is not a licence for travesty.
"This is not political witch hunt," Manani said.
Shortly before voting, there were chaotic scenes in the House as Ward Reps differed on the mode of voting between open or secret ballot.
They pushed and shoved each other around with others sizing up each other causing a scene on the floor of the Assembly.
Deputy Speaker Jacob Bagaka had a rough time for the better part of the session controlling the House as emotions ran high.
