The Senate Special Committee probing the deputy governor's impeachment by the Siaya County Assembly had recommended his impeachment after allegations of abuse of office and violation of the Constitution were found to have been proven and substantiated.
A committee member who spoke to The Standard said that they had been working well but the final meeting before they presented the report to the House was heated given that the president and Raila had interest in this matter with members almost getting physical at some point.
The Special Committee was chaired by Elgeyo Marakwet Senator William Kisang and the members were senators Abass Mohammed (Wajir), Mwenda Gataya (Tharaka Nithi), Okong'o Omogeni (Nyamira), Dan Maanzo (Makueni), Richard Onyonka (Kisii) and Nominated Senators Betty Batuli Montet, Catherine Mumma, Tabitha Mutinda, Raphael Chimera and Miraj Abdullahi.
Oduol was impeached after all the 42 members of the Siaya county assembly unanimously voted to kick him out of office over alleged gross misconduct and abuse of office with the Senate tasked to rubber stamp their decision or overrule them on the matter.
Kitui Senator Enoch Wambua asked senators to put aside their party positions and debate the matter on its merits.
Nominated Senator Mutinda disputed Wambua's position stating that the decision was not unanimous since it was a vote of six senators supporting Oduol's impeachment against five who voted against a position supported by Senate Majority Whip Boni Khalwale.
She said that she voted against the report together with Abdullahi, Kisang, Chimera while Gataya opposed the impeachment.
"There is a clear letter from the Siaya Governor showing that the Chief Officer Finance was instructed to work under the Deputy Governor, whatever decisions made were not his alone but collective, he spoke out due to frustrations and nobody countered what he said at the time," said Mutinda.
Wambua said Mutinda was bound by the final report of the 11-member committee which she had signed and had upheld the impeachment of the deputy governor and it was wrong for her to go against the same.
Kiambu Senator Karungo Thangwa opposed the removal of Oduol from office on the grounds of speaking his mind in public saying that if he said anything wrong he should be asked to retract it instead of being hounded out of office.
Nairobi Senator Edwin Sifuna thanked the committee for a job well done and for giving the people of Siaya a chance to have devolution work for them. However, he said Oduol admitted to having attempted to interfere with the procurement process which is an admission to committing a crime.
Nyandarua Senator John Methu opposed the report saying that impeachment is not just any other motion and should not be used to frustrate an innocent person since that may end up destroying their political and public service career.
"I am wondering how much the seat of the governor in Siaya is worth if his deputy has been bought a seat worth Sh1.1 million in a county that has challenges getting medicine for the poor among many other challenges," said Methu.
Nyamira Senator Okong'o Omogeni said the House had set a record with the impeachment of former Nairobi Governor Mike Sonko and former Kiambu Governor Ferdinand Waititu over integrity issues and Oduol should not be allowed to continue being in office for interfering with procurement that was meant to benefit the women and youth of Siaya.
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"The bar on accountability and integrity must be very high, with this impeachment supposed to send a message to governors and deputy governors not to interfere with procurement processes," said Omogeni.
Nominated Senator Catherine Mumma said procurement laws were clear and they had found evidence of how Oduol attempted to interfere with them.
Nominated Senator Esther Okenyuri argued that Oduol is being vilified for being independent-minded.
Makueni Senator Dan Maanzo asked the House not to politicize the matter and look forward to making devolution stronger by ensuring that all leaders understood that if they violated the Constitution they will be held responsible.
Kirinyaga Senator James Murango said that most deputy governors are frustrated by their bosses and he would not like to rubber stamp a decision that was aimed at kicking Oduol from office.
Senate Minority Leader Steward Madzayo asked senators to support the report and have Oduol sent home since there was tangible evidence that he had grossly violated the Constitution.
Isiolo Senator Fatuma Dullo opposed the report terming all the grounds for kicking out the deputy governor from office as flimsy and political.
Siaya Senator Oburu Oginga supported the report, saying it was a unanimous decision since all members signed it. "When two bulls are fighting it is the grass that suffers and if the report is rejected I do not know how the governor and his deputy are going to work."
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