Nyeri Governor Nderitu Gachagua only survived the impeachment at the Senate as the legislators did not consider allegations against him "gross" as enshrined in the Constitution and the County Government Act.
Senators castigated Gachagua over the manner he was running the county government, even as they shot down his impeachment, saying he was guilty of some of the charges leveled against him by the County Assembly.
The legislators were categorical that they had only saved the Governor as they did not consider the allegations against him gross enough to warrant his removal from office.
The House reasoned that the threshold to remove a popularly elected leader by impeachment must be placed high, saying though the Nyeri County Assembly had proved that the Governor had violated sections of the laws, the grounds were not strong enough to have him hounded out of office.
"Certainly there is corruption in Nyeri. There is impunity and violations of the law. If there was a charge of gross incompetence, then there is one in Nyeri under the administration of James Nderitu Gachagua. Only that our hands are tied and we cannot crucify him as the charges against him do not meet the required threshold," said Makueni Senator Mutula Kilonzo Jnr.
Similar observations were made by Busia Senator Amos Wako and his Mombasa counterpart Hassan Omar, who argued that it was unfortunate that the law requires that the bar to remove an elected leader through suspension be placed high.
"Certainly there are violations of the law, but they do not constitute what I would perceive gross," Wako said.
Kakamega Senator, the only one who voted to impeach the Governor on the charge of gross violation of the Constitution, County Government Act and the Public Finance Management Act, had asked the Senators to demonstrate "zero tolerance to corruption, by sending Gachagua home.
"There are glaring cases of corruption in Nyeri County under the watch of the Governor. This House must be true to the principle of zero tolerance to corruption and send the Governor home, even if its on one charge," said Khalwale.
Nominated Senator Janet Ong'era said though the House had rescued the Governor, the Public Accounts and Investment Committee must recommend that Sh 29 million he spent to renovate a privately owned house be surcharged from Gachagua.
Gachagua also faced the wrath of the Senator after it emerged that he had placed senior county officers on acting capacity. They said the move had denied the County Government the chance to vet the officers.
Gachagua was accused of having the County Secretary, three County Executive Committee (CEC) members, all Chief Officers on acting capacity.
Others on acting capacity are the Chairman of the Public Service Board and the Secretary.