Senate to decide fate of embattled deputy governor Bernard Kiala

Nairobi, Kenya: Senate has received correspondence on the impeachment of Machakos deputy Governor Bernard Kiala from the county assembly and is set to begin the process of substantiating the charges this week.

Majority Leader Kithure Kindiki confirmed that Speaker Ekwe Ethuro received the communication on Saturday from the county speaker outlining three charges against Kiala.

Prof Kindiki said the deputy county chief is accused of gross violation of the Constitution, abuse of office and gross misconduct.

He further said the House was likely to either form a special committee to probe the charges or debate in the plenary by Thursday.

"We got the communication by the county speaker on Saturday after the assembly passed an impeachment motion against Kiala last week.

"The law requires that the communication is done within two days, while the Senate will have seven days to form a committee and up to 10 days for the committee to table the report in the House for adoption or rejection," he explained.

But the Tharaka Nithi senator clarified that though the past two impeachment exercises involving governors Paul Chepkwony (Kericho) and Martin Wambora (Embu) had taken the committee route, it was not mandatory in law to form a team.

"Forming a special committee is optional; the House can choose to go the plenary way and still undertake the exercise as provided in law," he noted.

Kindiki reiterated that if any of the charges is upheld, Kiala will immediately cease to hold office and the governor will appoint another deputy governor.

"But if there is no charge verified, the speaker will communicate to the county speaker with the House recommendations and therefore the assembly cannot prefer the same charges until after three months," said Kindiki.

He noted that the Constitution was very clear on the impeachment process against the President under Article 145 and Article 150 for the Deputy President, yet when it came to the County Government Act, Section 33 only talks of the removal from office of the governor and not his deputy.

"However, Section 33(10) indicates that the process of removing the governor applies to the deputy governor," he said. Kiala's fate now lies with the Senate.

The assembly endorsed Kiala's ouster last week following a Motion by Mutituni Ward Representative Joseph Kalunde. Forty members voted to back his ouster while 19 opposed the Motion