MCA Silvia testifies to Senate: Vote to impeach Sonko was fraudulent

Nairobi MCA Silvia Museiya has testified to the Senate that the voting during the impeachment of Governor Sonko did not meet the threshold as two-thirds of the members were not present.

The Senate plenary trying Governor Sonko is sitting for the second day and must conclude its business today.

Museiya was among 57 Nairobi County MCAs who were in Diani, Kwale County at the time of Sonko’s impeachment.

Her evidence was that she and the MCAs did not vote but a third party did as they did not have their mobile phones when the voting was going.

She told Senate that they decided to take themselves to Kwale.

“We were not influenced, nor compelled. We were mere victims by way of suspension and de-whipping,” she said. 

Governor Sonko arrives at Senate for the second day of the hearing. [Elvis Ogina, Standard]

Some three more witnesses were produced, among them ex-police officer Emmanuel Kenga, a driver-Douglas Okach, and Kelvin Omari. Governor Sonko is currently taking to the stand next to make his case.

Cross-examined by the counsel for Nairobi County Assembly, Silvia said she could not confirm getting a notice from the speaker about the motion on December 3, 2020, because their phones were off.

She confirmed that she had been suspended and hence could not participate in the affairs of the house. 

Sonko needs at least 24 of the 47 senators to vote in his favour to survive the ouster motion.

Already, it is promising to be a heated debate as counsels for both the governor and that of the Nairobi County Assembly clash over new evidence and witnesses.

Governor Sonko’s lead counsel Lawyer Harrison Kinyanjui (R) at Senate. [Elvis Ogina, Standard]

Sonko’s legal team led by Lawyer Harrison Kinyanjui moved to produce new evidence before Senate on Thursday morning, which the county assembly counsel says they did not have.

Nairobi County Assembly Lead counsel Ndegwa Njiru asked the Speaker of the House to “consider the question of a fair hearing and fair trial.”

In the push and pull and after a 20-minute closed judgement to allow for discretion, Senate Speaker Kenneth Lusaka then said he would only allow four witnesses and Governor Sonko to appear before the House.  His statement preceded sentiments by Senators James Orengo and Mutula Kilonzo Jr. Orengo told the house, “You cannot be making a case inside a case. We must ensure no side is ambushed.”

Whilst asking Sonko’s legal team to be more organized, Mutula Kilonzo Jr told Senate “If these documents were provided in advance, then we cannot turn a blind eye.”

Sonko is facing four main charges among them Gross violation of the Constitution and related laws, abuse of office, gross misconduct, and crimes under the national law.