Concerns raised over MCAs threats to impeach governors

By ROSELYNE OBALA and GEOFFREY MOSOKU

Kenya: Members of County Assemblies (MCAs) are under fire over threats to impeach governors with concerns the sanction might have been turned into a weapon to blackmail county executives.

Leaders interviewed by The Standard are apprehensive the impeachment process could become the latest threat to devolution and it would disrupt service delivery.

MCAs from Baringo, Vihiga, Elgeyo/Marakwet, Kitui, Garissa, Nairobi, Tana River and Kericho have threatened to impeach their governors. In Embu, the county assembly impeached Governor Martin Wambora for the second time this week.

Commission for the Implementation of the Constitution (CIC), Transition Authority (TA), senators and governors have expressed concern that the county legislators have turned into ‘lynch mobs’ and cautioned that the dangerous precedent set would destabilise county operations.

They regretted that MCAs are not using the impeachment process as a weapon to rein in the county executives but to arm-twist them to yield to their demands. “This is a very dangerous precedent we are setting at the counties,” noted Council of Governors Secretary General Ken Lusaka.

Yield to demands

Thursday CIC commissioner Kamotho Waiganjo warned that what the county assemblies are doing is flouting the Constitution and their actions border on abuse of office.

He recalled that in some instances where county executives have declined to approve demands by ward representatives, which include the car grants, the latter has resorted to impeachment threats.

Controller of Budget Agnes Odhiambo also warned that threats to impeach county executive members would shift county governments’ focus in addressing critical issues.

“If there are genuine cases of corruption and mismanagement, they (county assemblies) should invite relevant investigative agencies to conduct a thorough probe and take appropriate action,” she advised.

TA chairman Kinuthia Wamwangi, on his part, now wants the law reviewed to check the excesses of the county legislatures in order to seal all gaps that the MCAs exploit to hold the executive at ransom in discharging their constitutional oversight role. “All stakeholders must and re-look at this law and set a threshold,” he said.

Kiambu Senator Kimani Wamatangi also admitted that the trend was worrying and if not checked, county governments might not deliver on their mandate.

“The bottom line is that the Constitution is very clear, the county executive and the legislature need each other, and they must recognise each other’s powers and work reasonably,” he said.

He called on governors to take the role of MCAs seriously.

Ethics and Anti-Corruption Commission (EACC) called on MCAs to forward any cases of corruption they may have to them for investigations saying county assemblies have no capacity to determine the threshold of graft. EACC spokesman Yassin Amaro confirmed that the commission has not been involved in any of the cases of impeachment or threats to impeach that have happened so far.

Amaro said the EACC was in the process of partnering with all counties to capacity build and train officials on graft issues.

But in a quick and firm rejoinder, County Assemblies Forum Secretary General Albert Kochei affirmed that the matter is of concern to many but as long as assemblies operate within the legal framework, there is no need to worry.

Engage in dialogue

He also emphasised that by law, the county legislature is mandate with checking the excess powers of the executive, though it has been a challenge differentiating between supervision and oversight.

“County assemblies should explore all mechanisms at their disposal and engage in dialogue before resorting to impeachment. Majority of the MCAs are only concerned due to lack of information,” said Kochei, who is also the Elgeyo/Maraket County Assembly Speaker.

Elgeyo/Marakwet MCA Thomas Kigen said the impeachment Motion against governor Alex Tolgos is not malicious but anchored on incompetence and integrity issues.