Senate sets date to hear Mwangaza's impeachment charges

Meru Governor Kawira Mwangaza will appear before the Senate for the third time in two years since assuming office following impeachment by the county assembly.

Senate Speaker Amason Kingi has received a letter from the Meru County Assembly Speaker informing him of the approval of an impeachment motion against Mwangaza.

Kingi said that senators will on August 14, 2024 hold a special sitting to hear the charges against Mwangaza in accordance with Senate Standing Order 33(5).

“Pursuant to Standing Order 33(1) of the Senate on request of the Senate Majority Leader with the support of the requisite number of senators and upon receipt of a letter from the Speaker of Meru County Assembly on approval of a motion of removal from office of Governor Kawira Mwangaza the Senate will have a special sitting for hearing of charges,” he said.

In a motion moved by Nominated MCA Zipporah Kinya, the governor is facing accusations of alleged gross violation of the Constitution, gross violation of various national and county laws and abuse of office, which are the same charges she faced in the last two impeachment motions that were dismissed by the Senate.

The governor is accused of Illegally revoking the appointment of Virginia Miriti as Secretary of the Meru County Public Service Board, without a vote of not less than 75 per cent of all the members of the assembly and in usurpation of the powers of the assembly contrary to sections 58(4) & (5) and 59A of the County Governments Act.

Mwangaza is also accused of failing to appoint the chairpersons of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board and Meru County Investment and Development Corporation Board as required by law thus failing to operationalise the said Boards and illegally appointing the said chairpersons without vetting and approval by the assembly contrary to section 4 of the Public Appointments (County Assemblies Approval) Act.

“The respective secretariats of the said Boards continue to draw and expend public funds without duly appointed Board members to exercise a supervisory role over the Boards' Secretariats in order to ensure accountability in the spending of funds, thus jeopardising service delivery,” said Kinya.

The governor is accused of refusing to implement the recommendations of the assembly, to dismiss the County Secretary, Dr Kiambi Thambura, and the Chief of Staff Harrison Mbithi for alleged gross violation of the Constitution and other laws.

Mwangaza is facing charges of allegedly blatantly ignoring or failing to submit a report to the assembly on the implementation of the said recommendations within sixty days as required in the Report of the County Assembly dated December 23, 2023, contrary to Article 183(3) of the Constitution.

The Governor is accused of allegedly Illegally dismissing Dr Ntoiti (CEO of County Revenue Board), Paul Mwaki (CEO of Liquor Board), Kenneth Kimathi Mbae (Managing Director of Meru Microfinance Corporation) and Joseph Kithure Mberia (CEO, MEWASS).

“She is accused of usurping powers of the appointing authorities contrary to section 9 (7)(b) of the Meru County Revenue Board Act and section 10(6) of Meru County Investment and Development Corporation Act, a result of which the Meru county government has been slapped with costs and damages amounting to Sh4 million by the Employment and Labour Relations Court,” claimed Kinya.

She is accused of allegedly engaging in gross misconduct by deliberately misleading the public by giving false information that Sh86 million had been raised through the Paybill number 247247 Account Number 04001 6391 7899 established after the murder of Daniel Muthiani alias Sniper while the correct position being only Sh286,516.00 was raised violating the moral and ethical requirements expected of State Officers, contrary to section 19 of the Public Officer Ethics Act and section 29 of the Leadership and Integrity Act.

The assembly claims that Mwangaza irregularly paid emergency call allowances to 161 doctors and medical officers using the wrong rates leading to excessive payment of Sh74.3 million contrary to sections45 (2) and 46 of the Anti-Corruption and Economic Crimes Act, sections 11 and 15 of the Public Officer Ethics Act and section 72 (1) of the Leadership and Integrity Act.

The governor is accused of allegedly using a manual payroll to pay personnel emoluments amounting to Sh102.94 million (3.1 per cent of Personnel Emoluments costs) contrary to Section 67.6 of the County Financial Accounting and Reporting Manual.

The assembly further claims that Mwangaza employed at least 111 personal staff in the office of the governor contributing to an increase in the wage bill by more than Sh500 million, which is 49 per cent of the annual revenue allocation far beyond the 35 per cent limit set by section 25(1)(a) and (b) of the Public Finance Management (County Governments) Regulations, 2015.

She is accused of paying Christus Manyara, a Public Communication Officer in the office of the Governor a full salary and benefits while in remand and despite being accused of murder contrary to section 4.2 of the Public Service Commission Discipline Manual for the Public Service.