Impeachment: MCAs list 9 allegations for Nyaribo's removal

Nyamira Members of the County Assembly have laid bare nine grounds supporting their motion to impeach Governor Amos Nyaribo.

The governor succeeded John Nyagarama, who died while in office and went on to win the 2022 general elections.

The MCAs on Tuesday claimed that they have a solid case against the governor as they tabled their notice of motion for his impeachment.

“We have laid our evidence, we have witnesses, who will help us build a case, we are not doing this because of personal reasons with the governor, it is out of our conscience as leaders,” Nyamira county Assembly minority leader Minda Riech said.

The motion will be debated formally next week in accordance with the law governing the impeachment of governors.

The motion was tabled by Esise ward representative Josiah Mang'era in a session attended by 23 MCAs out of a total of 34.

The MCAs have accused the governor of gross violation of the Constitution through several omissions and commissions including illegal recruitment of staff.

The MCAs claim that the governor oversaw the appointment of a director of human resource management and a human resource officer.

They argued that the vetting process did not comply with legal requirements.

On ignoring court orders, the MCAs claim that Governor Nyaribo disobeyed court orders nullifying the appointment of the two officers aforementioned.

They further allege that he also defied court orders by appointing a County Executive Committee Member for Environment, Water and Natural Resources.

On non-compliance with the Minimum Development Expenditure Act, the MCAs allege that the governor oversaw the implementation of an illegal budget that deprived the people of Nyamira of essential public goods and services to the tune of Sh444.5 million.

On abuse of office, the MCAs accuse Nyaribo of illegally dismissing the CEO of the Nyamira County Public Service Board and illegally reassigning the role of accounting officer of the County Public Service Board.

Among other things, the MCAs allege that the governor released empty containers disguised as medical drugs and deliberately delayed the completion of the Nyamira county headquarters.

The MCAs also claimed that the governor abused his power by overseeing an unjust and unfair taxation system through failure to collect outstanding land tax arrears, failure to update the county’s valuation roll, and nepotism and favouritism through the appointment of his niece— a junior accountant, as head of accounting services.

In supporting the ground, the MCAs claim that on May 2, 2023, during an active recruitment exercise by the County Public Service Board, the Governor ''illegally and unilaterally suspended the CEO of the County Public Service Board from her office.''

''The suspension was not notified to the County Assembly for consensus and/or approval contrary to Section 58(5) of the County Governments Act (2012) and Article 251 of the Constitution of Kenya (2010),'' the motion reads in part.

The MCAs state that the suspension by the governor was only notified to the Chairperson of the Board a move they argue was a well-choreographed collusion by the two to manipulate the recruitment exercise so as to employ their cronies and relatives.

''The governor through the Chairperson usurped the functions of the CEO by purporting to communicate the decisions of the Board contrary to Section A.15 of the County Human Resource Policy Manual."

They say that further, a junior and unqualified officer was appointed as Acting CEO to the County Public Service Board contrary to Sections 58 (1)(c) and 64 of the County Governments Act (2012).

The MCAs also claim that while County Governments are under obligation to promptly remit statutory deductions and other benefits in respect of their employees to the respective entities Nyamira has not been doing the same.

They further alleged that under the watch of the Governor, Nyamira has accumulated un-remitted statutory deductions and unreasonably exposed the county to precarious financial risk.

''The unremitted deductions speak volumes about the diversion of funds to the benefit of the governor and his cronies,'' the MCAs aver in their motion to remove Nyaribo from office.

The MCAs also alleged that the governor has frustrated efforts to fully automate revenue collection in preference of the manual receipting that can be easily manipulated and that is not accountable.

The MCAs also accuse the governor of what they call superintending over an unjust and unfair Taxation Regime.

They claimed that the governor has failed to collect outstanding land rate arrears with tea multinationals owing the county millions of shillings in levies.

According to the MCAs, the dismal performance of the county government in revenue collection amounts to a gross violation of Article 201 of the Constitution of Kenya (2010).

''The County has lost revenue in the margin of millions from this failure. This directly translates to denial of key services and goods to the people of Nyamira contrary to their genuine expectations,'' reads the impeachment motion in part.

The MCAs also accuse the governor of irregular reallocation of Emergency Funds that were meant for the construction of an Infectious Diseases Isolation Centre during the COVID-19 Pandemic.

The MCAs have attached the auditor general's report that revealed that no isolation centre was ever constructed and instead, the funds were reallocated towards the construction of Doctors Plaza.

Also listed as a ground for impeachment is the delayed completion of Nyamira county headquarters.

According to the MCAs, the county envisaged to construct an office block which commenced well in 2018 but stalled upon assumption into office by the Governor as of 2021.

''These delays demonstrate the Governor’s inability and unwillingness to observe legal times as required under Sections 139 and 176(1)(c) of the Public Procurement and Disposal Act(2015),'' reads the motion in part.