Governor Kawira to face Senate plenary in impeachment trial

Senators voted against a motion to establish a special committee.

In Summary
  • The motion to form the committee was moved by Narok Senator Ledama Ole Kina.
  • He had argued that the senators will have the ultimate decision after the 11-member committee tables its report.
Meru Governor Kawira Mwangaza follows proceedings during the hearing of her Impeachment case at the Senate chambers on December, 27 2022
Meru Governor Kawira Mwangaza follows proceedings during the hearing of her Impeachment case at the Senate chambers on December, 27 2022
Image: FILE

Impeached Meru Governor Kawira Mwangaza will now defend herself in the plenary after the Senators rejected a motion seeking to have a special committee formed.

In a heated afternoon session, senators voted against the motion by way of acclamation.

The motion to form the committee to investigate the impeachment allegations against the governor was moved by Narok Senator Ledama Ole Kina.

The members who had been selected to sit on the Committee are Boni Khalawale (Kakamega), Jackson Mandago (Uasin Gishu), Karungo Thangwa (Kiambu), Esther Okenyuri (Nominated), Ali Roba (Mandera), Peris Tobiko (Nominated), Enock Wambua (Kitui), Abdul Haji (Garissa), Okiya Omtatah (Busia), Crystal Asike  (Nominated) and Shakila Abdala (Nominated).

The Committee was to report to the Senate within 10 days.

Vihiga Senator while supporting the motion to form the committee said this will ensure the people of Meru get the justice they are looking for.

“Let us go the committee way so that we can do a clean job,” he said.

Nyeri Senator Wahome Wamatinga argued;

“This is an emotive issue and we must consider the weight it carries by going the plenary way so that the whole Republic of Kenya will know that indeed this Superior House has the composition to deliver justice not only to Kenyans but to the future generations."

During the debate, Senate majority leader Aaron Cheruiyot on his part submitted that there is no method better than the other as claimed by some members.

He said having participated in both processes, it is clear both processes are fair, sound and with a good legal basis to deliver the best result for the specific county that is before the house.

“Anybody trying to peddle that kind of argument in my opinion, Mr Speaker, is misleading the House. I say this as a ranking member,” he noted.

Isiolo senator Fatuma Dulo rooted for the plenary noting in the last two impeachments, the Senate has gone the Committee way and it was only important for the new members to understand how the plenary process goes.

“According to me, the best way to go for transparency, in the public glare that plenary is the best way to go so that Members of the public can follow the debate and see where the problems are,” she noted.

Ole Kina, who is the Senate Minority Whip, had argued in his motion that the senators will have the ultimate decision after the 11-member committee tables its report.

"You and I will have the opportunity to make the final decision,'' he said insisting that it is not the work of the senators to impeach a governor.

''The governor is impeached at the county and not at the Senate,” he added.

The senator said impeachment is a very painful process that requires a governor to be heard.

"I am not discussing the merit or demerits to confirm or reject the charges of the case, but I am persuading you to consider this 11-member committee," he said.

“Even though this is a political process, whenever we sit, we have the same powers as the High Court. I want to persuade this House to consider allowing these 11 members to hear the charges against the governor,” Olekina said.

The senator said the committee route is the best option to give the process quality input that would guarantee justice and fairness.

Section 33 of the County Governments Act provides that an impeachment hearing can either be handled by a special committee or the Senate plenary.

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