Isiolo Governor Guyo puts spirited fight in Senate trial

Isiolo Governor Hassan Guyo on Tuesday dismissed the impeachment motion passed by MCAs as flawed and fraudulent, as he mounted a spirited defence before the Senate to retain his seat.

Appearing before the Senate with a high-powered legal team, Guyo urged lawmakers to throw out the motion, arguing that it failed to meet the constitutional threshold and was based on forged documents.

The governor, who faces three charges – gross misconduct, abuse of office and violation of the constitution and other laws – maintains that the allegations are baseless and politically motivated.

In a preliminary objection, Guyo’s legal team – comprising former Law Society of Kenya president Eric Theuri, Elisha Ongoya and Elias Mutuma – told the Senate that the Hansard report from the county assembly revealed that the documents forwarded to the Senate were doctored.

“This is a phantom impeachment,” Theuri said. 

“The documents presented by the county assembly were forged, fabricated and generated outside proper legislative processes.”

He further claimed the documents were not certified by the clerk of the assembly, as required by law and were marred by inconsistencies and procedural gaps.

“This is a harlot process,” he said. 

“It does not align with Article 181 of the constitution. If allowed to proceed, it sets a dangerous precedent where a rogue speaker and assembly members can stage a political coup.”

Mutuma, supporting the objection, pointed out irregularities in the conduct of the assembly’s sessions. 

He said there was no formal communication from the speaker to open the session and a motion was irregularly withdrawn without any question being put to a vote.

“There was no call to order. The proposer, Abubakar Godana, moved to withdraw the motion, but who was presiding? Who approved the withdrawal? Where is the record of the vote?” he questioned.

Ongoya added that a High Court in Meru had already declared the impeachment proceedings null and void, following a petition filed by Guyo.

“There has been a valid court ruling,” he told the Senate. 

“The motion before you has already been rendered null and void. It has no legal effect.”

But the Isiolo county assembly’s legal team, led by senior counsel Paul Nyamodi, strongly refuted the governor’s assertions. 

He argued that impeachment processes are time-bound and should proceed without delay.

“These are time-sensitive proceedings,” Nyamodi said. 

“Delays can derail justice. The claims made by the governor are contested and the only way to establish the truth is through a full hearing and cross-examination.”

He cautioned the Senate against halting the process on the basis of a pending court case.

“The governor’s legal challenge should not interfere with this House's mandate. Any ruling by the High Court has implications on the separation of powers. This House must proceed independently.”

Eric Muriuki, also representing the county, said blocking the impeachment trial would cause irreparable prejudice to the assembly, which has no further recourse if the matter is stopped.

“The governor will have his day in court. He should not be allowed to manipulate legal timelines for his benefit,” Muriuki said.

Backing the push for a full trial, assembly lawyer Boniface Mawira told the Senate that video and audio evidence had been submitted to support the charges.

“The violence that disrupted the proceedings was instigated by the governor himself,” Mawira claimed. 

“He cannot be allowed to benefit from his own misconduct.”

Under gross violation, the MCAs accused Guyo of, among other things, failing to deliver an annual state of the county address for three consecutive years. 

He is also accused of refusing to implement the assembly's recommendations requiring him to control and manage the county’s public debt. 

Guyo failed to utilise bursary funds in accordance with the approved budget, his accusers said. He is also said to have failed to renew the contracts of county executive committee members and appointed two deputy county secretaries to positions not recognised in law or provided for in the county staff establishment.