MCAs Alai, Khalif dismiss plan to impeach Sakaja

Cracks have started emerging over a plan by Members of County Assembly (MCAs) to impeach Nairobi Governor Johnson Sakaja.

South C MCA Abbas Khalif has joined Kileleshwa’s Robert Alai in dismissing the planned ouster, terming it ill-timed and unnecessary.

Abbas said MCAs cannot purport to turn an informal (Speaker’s Kamkunji) meeting into a session to collect signatures to support an impeachment motion.

According to the South C MCA, Tuesday’s informal session at the Assembly chambers was called to discuss the welfare of members and not as a forum to discuss the governor or plan his removal.

“We signed an attendance list for the Kamkunji; no one can claim that those were signatures to impeach the governor,” Abbas told the Star Digital.

Alai and Abbas, both of ODM, insist that no ouster motion can be contemplated unless there are blessings from President William Ruto and Raila Odinga as party leaders of the two parties with the most members in the house.

“President Ruto and Prime Minister Raila Odinga nor the two parties of UDA and ODM are yet to give directions on this matter. I doubt if there are any serious plans to impeach the governor. Besides, no one has given reasons for the plan,” Abbas added.

The two MCAs insist that members are currently on recess and cannot initiate a process for the removal of a governor or deputy while the house is on break.

However, those pushing for the removal insist they can petition the Speaker to convene a special sitting anytime to deliberate on the motion as they head to a retreat next Tuesday.

Article 181 of the Constitution of Kenya stipulates that a county governor may be removed from office on any of the following grounds: (a) gross violation of this Constitution or any other law; (b) where there are serious reasons for believing that the county governor has committed a crime under national or international law; (c) abuse of office or gross misconduct; or (d) physical or mental incapacity to perform the functions of office.

Section 33 of the County Governments Act provides that an MCA shall deliver to the Clerk a copy of the proposed motion in writing, stating the grounds and particulars upon which the proposal is made, for the impeachment of the Governor.

The notice of motion shall be signed by the member affirming that the particulars of allegations contained in the motion are true, and it shall have the support of at least a third of all the members.

The Clerk shall then submit the proposed motion to the Speaker for approval. A member who has obtained the approval of the Speaker to move a motion shall give a seven (7) days’ notice calling for impeachment of the Governor.

Upon the expiry of seven (7) days after notice is given, the motion shall be placed on the Order Paper and disposed of within three days.

If the Assembly is not sitting, the Speaker shall summon the Assembly to meet in a special sitting and cause the motion to be considered at that meeting after notice has been given.

If passed by at least 84 of the 124 MCAs, the Assembly Speaker shall inform the Speaker of the Senate of that resolution within two days, paving the way for the Senate’s trial.