Chepkwony survives ouster bid as Senate clears him of charges

Kericho Governor Prof Paul Chepkwony at a past function. He has survived impeachment after the Senate cleared him of all charges that Members of County Assembly had made against him. PHOTO/BILLY MUTAI/FILE

What you need to know:

  • The senators urged their Kericho counterpart Charles Keter to lead reconciliation between the county’s Executive and Assembly.
  • One of the charges was about his agreement with a UK investor to generate solar power at Sh17 billion, which he entered into without adhering to the Partnership Act.
  • Senators from both sides of the political divide praised the governor for being humble and for appearing before the committee without questioning its responsibilities.

Kericho Governor Paul Chepkwony has survived impeachment after the Senate cleared him of all charges that Members of County Assembly had made against him.
A Senate committee yesterday absolved him of the three charges and cleared him to continue serving as governor.
The 11-member committee, which was appointed by the House to look into the accusations, concluded that the allegations had not been substantiated as required by the law governing impeachment of governors.
“On the first charge of gross violation of the Public Private Partnerships Act, 2013, the special committee found that this charge was not substantiated,” said the team’s report.
The committee chaired by Kisii Senator Chris Obure also dismissed charges of gross violation of the Public Finance Management Act, the Public Procurement and Disposal Act and the County Governments Act as having not been proven as required by the law. 
The senators urged their Kericho counterpart Charles Keter to lead reconciliation between the county’s Executive and Assembly.
Regarding other impeachment threats across the country, the committee urged MCAs not to hurry to remove governors but to exploit other options and only resort to impeachment as the last stroke.
“Impeachment need not be the default oversight tool to be applied to every and any violation of the Constitution and the laws,” the committee said.
Prof Chepkwony was criticised for ignoring the County Government Act, procurement laws and the Public Private Partnership Act.
Despite the finding, the senators said he had acted to correct the mistakes he had committed and had shown that he was willing to overturn decisions found to have gone against the law.
One of the charges was about his agreement with a UK investor to generate solar power at Sh17 billion, which he entered into without adhering to the Partnership Act.
The committee found that the governor had “hastily and recklessly” entered into the partnership.
Although Standing Orders do not allow further action once charges are dropped, the House went around the rule and members contributed on the report. 
Senators from both sides of the political divide praised the governor for being humble and for appearing before the committee without questioning its responsibilities.
“We praise the governor for accepting to be investigated by this House. He did not go out telling everyone how incompetent this House is to impeach him,” said Minority Leader Moses Wetangula.
“Those who come here and exhibit arrogance as the Embu Governor will be met with the same arrogance.”
Siaya Senator James Orengo said nobody could accuse the House of being a lynch mob as any case before it would be decided on its merit.