Senators vote to hear Governor Mwangaza impeachment through plenary

Meru County Governor Kawira Mwangaza is consoled by her husband Murega Baichu after she survived her second impeachment by the Senate on the 8th of November at the Parliament buildings, Nairobi. [Elvis Ogina,Standard]

Senators have resolved to hear the impeachment motion of Meru Governor Kawira Mwangaza through the plenary after they rejected the formation of a special committee to determine the fate of the troubled county boss.

Senate Speaker Amason Kingi said following the decision by the Senate, the County Assembly and the Governor have until Saturday evening to file their responses to the office of the Clerk of the Senate, while all the 67 Senators are supposed to have the necessary documents by Sunday. The  special sittings will begin  on Monday and Tuesday next week.

Senate Majority Whip Boni Khalwale had tabled the names of 11 Senators pursuant to section 33(3) (b) of the County Governments Act and Standing Order 80(1)(b) to establish a special committee comprising 11 Senators to investigate the allegations and provide a report to the Senate in 10 days.

Senators Hillary Sigei (Bomet), Abdul Haji (Garissa), Wahome Wamatinga (Nyeri), David Wafula (Bungoma), Gloria Orwoba (nominated), Karen Nyamu (nominated), Boy Issa Juma Oketch(Migori), Shakilla Abdalla (nominated), Betty Montet (nominated), and Beatrice Akinyi (nominated) were named to serve on the committee.

“The special committee is required to investigate the proposed removal from office of the Governor of Meru County and pursuant to standing order 80 (2), to report to the Senate, within ten (10) days of its appointment, on whether or not it finds the particulars of the allegations against the Governor to have been substantiated,” said Khalwale.

Majority of the Senators who were named to serve in the special committee were at the forefront in opposing the committee, calling for the entire house to hear the impeachment motion as the Meru matter was complex since the Governor was appearing before the house for the third time.

Makueni Senator Daniel Maanzo said that it was better for the plenary to hear the matter given that Governor Mwangaza is in the house for the third time discussing the same matter in order to ensure justice for the people of Meru who were not happy about the happenings in their county.

Nominated Senator Tabitha Mutinda said that the committee of 11 will not be fair to the governor since majority of them voted for her impeachment in the previous impeachment proceeding and that it would only be fair that the plenary will give the people of Meru justice.

“The entire house should handle the matter given the complex nature of the Meru issue where the Governor has come up before this house thrice now, I do not have a problem with the committee hearing the allegations it is only that it should be best dealt with in the open,” said Laikipia Senator John Kinyua

Senate Minority Whip Ledama ole Kina opposed the motion saying that the matter should be heard in the plenary since the entire country would like to observe justice for the people of Meru to clear the misconceptions out there that the house was compromised by having the matter in the open.

Tana River Senator Danson Mungatana said that the plenary should listen to the matter since it is very crucial and that they cannot afford to let it go to a committee and that a similar motion to impeach a cabinet secretary in the National Assembly went against the mood of the house in a committee.

“Let me emphasise that it is the County Assembly that impeaches Governors while the Senate seats to confirm whether justice has been delivered or not, this matter is too important to be left to a committee of 11 Senators only we want a decision made to be owned by the entire house,” said Mungatana.

Nairobi Senator Edwin Sifunas said the plenary was the best way to interrogate the matters raised that it was easy to come up with a well-reasoned decision and that he had full confidence in the 11 Senators chosen to handle the matter.

Vihiga Senator Godfrey Osotsi said the situation of Meru was complex and required serious thinking and that he supports the committee way so that it can look at the possibility of recommending to the President to disband the county with both the governor and County assembly going back to the people.

In a motion moved by Nominated Member of County Assembly Zipporah Kinya, the Governor is facing accusations of gross violation of the Constitution of Kenya, gross violation of various national and county laws and abuse of office which are equivalent to the charges she faced in the two previous occasions in which the Senate dismissed the impeachment motions.

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% of all the members of the County Assembly and in the usurpation of the powers of the County Assembly contrary to sections 58(4) & (5) and 59A of the County Governments Act.

Mwangaza is 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 operationalize the said Boards and illegally appointing the said Chairpersons without vetting and approval by the County Assembly, contrary to section 4 of the Public Appointments (County Assemblies Approval) Act.

The Governor is accused of engaging in gross misconduct by deliberately misleading the public by giving false information that Sh 86 million had been raised through Paybill number 247247 Account Number 04001 6391 7899 established after the murder of Daniel Muthiani, alias Sniper while the correct position being only Sh 286,516.00 was raised violating the moral and ethical requirements expected of state officers, contrary to sections 19 of the Public Officer Ethics Act and 29 of the Leadership and Integrity Act.

Mwangaza is accused of the irregular payment of emergency call allowances to 161 doctors and medical officers using the wrong rates, leading to excessive payment of Sh 74.3 million, contrary to sections 45 (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.

She is accused of using a manual payroll to pay personnel emoluments amounting to Sh 102.94 million (3.1% of Personnel Emoluments costs) contrary to Section 67.6 of the County Financial Accounting and Reporting Manual.

 The Governor is also accused of employing a bloated workforce, of at least 111 personal staff in the office of the Governor contributing to an increase in the wage bill by more than Sh 500 million an excessive wage Bill that is 49% of the annual revenue allocation, far beyond the 35% 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, his 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.