Kericho MCAs vote to impeach governor as Kidero gets relief

Kericho Governor Paul Chepkwony on Wednesday became the second county chief to be impeached as the Supreme Court temporarily reinstated Nairobi’s Evans Kidero who lost a petition on Tuesday.

And in Mombasa, Governor Hassan Joho is facing a major legal battle after the Ugandan National Council for Higher Education ruled that his degree was obtained irregularly, meaning that he could lose his seat.

The law requires every governor to be a university degree holder.

In Kericho, 32 MCAs voted to send Prof Chepkwony home, barely crossing the required threshold of two-thirds of the assembly.

Fifteen members of the assembly, who were against the removal of Prof Chepkwony, did not turn up for the debate and voting, which was presided over by Speaker Japheth Mutai.

In Nairobi, the Supreme Court on Wednesday reversed Tuesday’s nullification of Dr Kidero’s election by the Court of Appeal. A single judge suspended the execution of the entire judgement of the appellate court that had sent Dr Kidero packing.

Mr Justice Mohammed Ibrahim certified as urgent the appeal filed by lawyers Tom Ojienda, Kennedy Ogeto and Evans Monari on behalf of the embattled governor.

He said the appeal raised serious legal and constitutional issues which could “only be resolved during a full hearing.”

The judge stopped the swearing-in of the Speaker of Nairobi County Assembly, Mr Alex Magelo, to discharge the duties of the Governor pending a by-election to elect a new governor.

He also restrained the Independent Electoral and Boundaries Commission (IEBC) from declaring the Nairobi governor’s seat vacant.

In his brief ruling, Justice Ibrahim said, “I have read the notice of motion filed by the appellant herein (Dr Kidero) and also heard submissions by Prof Ojienda. I am satisfied the appeal raises triable issues of law.”

He added: “Dr Kidero’s appeal raises serious legal issues, which may be rendered nugatory unless a temporary stay is granted.”

Justice Ibrahim said nobody would be prejudiced by granting the conservatory orders suspending the execution of the Court of Appeal orders.

Presenting the case, Prof Ojienda criticised the majority decision of Judges GBM Kariuki and Patrick Kiage describing it as “outrageous.”

The two judges said the election of Dr Kidero did not meet the constitutional threshold and was in total breach of the election rules.

Prof Ojienda said the judges “erred in law by admitting the appeal lodged by former Embakasi MP Ferdinand Waititu when it was filed 30 days outside the prescribed time.”

He said judges Kariuki and Kiage went out of their way to analyse facts of the petition instead of dealing with the legal issues only.

Justice Ibrahim heard that the judges ruled that Mr Waititu was not given “fair hearing before Justice Richard Mwongo who heard the petition.”

The appellate judges observed Justice Mwongo denied the petitioner the opportunity to cross-examine a crucial witness, the County Returning Officer Fiona Nduku Waithaka “thereby locking out testimony which would have assisted him in doing justice to the poll dispute.”

ACCUSED OF GROSS VIOLATIONS

In Kericho, the notice of motion for the removal of Prof Chepkwony was moved by Nominated MCA Albert Kipkoech. He accused Prof Chepkwony of gross violation of the Constitution, abuse of office and gross violation of the provisions of the county Government Act, the Public Finance Management Act and the Public Procurement and Disposal Act.

Prof Chepkwony, who was accompanied by legal counsel Peter Wanyama during the proceedings, watched in silence from a seat reserved for him to the left of the Speaker.

“For Kericho County to move forward into development, Prof Chepkwony must go so that we can have a more responsible governor. All evidence confirms that the governor violated the law,” Mr Kipkoech said.

He alleged that Prof Chepkwony had violated the provisions of the County Government Act and Public Finance Management Act on grants and donations received and failed to follow due process regarding public and private partnership. He said the governor had also failed to take into account public participation while entering into deals.

The MCA also said that the governor violated the provisions of Articles 226(5), 220(2) and 73(2)(c) (1) of the Constitution.

“It includes exposing the county to risk and/or liability by entering into agreements without following the due process of law with full knowledge that funds were unavailable,” he added.

He was seconded by Kipkelion MCA Edward Santos.

They claimed that the governor signed several deals without the prior approval of the County Assembly, thereby violating Public Private Partnership laws.

But Prof Chepkwony defended himself against the allegations, insisting that the county did not lose any money.

In Mombasa, Mr Joho suffered a blow over his academic qualifications as a case challenging his election was referred to the CJ for further directions.