Senate impeaches Governor Wambora for the second time

Mr Martin Nyaga Wambora suffered another setback Tuesday after the Senate sent him packing, for the second time, as the Embu Governor.

The Senate’s decision comes in less than 24 hours after Mr Wambora lost his bid to stop the Senate from conducting proceedings to impeach him.

This is after Principal High Court Judge Richard Mwongo ruled that it would be unlawful to stop a legislative organ from performing its functions, in the public interest.

A total of 35 Senators out of 47 elected legislators voted in favour of a report of the special committee that was investigating allegations levelled against him that were forwarded by the Embu County Assembly.

Only Senator Gideon Moi (Baringo, Kanu) among members in the House that are eligible to vote, voted against the impeachment motion whereas Embu Senator Lenny Kivuti (APK) decided to abstain from supporting either side.

Senate Speaker Ekwee Ethuro made it clear that Mr Wambora’s exit from office takes effect immediately after the Senators verdict, according to the Standing Orders that guide business of the House.

“As at 1. 30pm on Tuesday May 13, 2014, Governor Martin Nyaga Wambora ceases to hold office as the governor of Embu County,” the Speaker ruled following the majority vote on the matter.

While presenting the committee’s report to the House, Senator Boni Khalwale (Kakamega, UDF) who was the chairman of the committee said though the Governor did not personally appear, the committee interrogated the accusations with a view to according him justice.

The Governor was facing three charges; gross violation of the public procurement and disposal act, gross violation of the public finance management act and violation of the Constitution of Kenya.

Senator Khalwale defended the integrity of the committee saying it was committed to its mandate and dwelt on the issues.

“We are as clean as cotton. There was no witch hunt, or tribalism,” he told the attentive House.

He also defended the County Assembly of Embu against claims that they were on a witch-hunting mission or were motivated by tribalism saying Mr Wambora’s comes from the biggest ethnic community in Embu County with over 60 per cent representation in the County Assembly.

Senator Kipchumba Murkomen (Elgeyo-Marakwet, URP) described the situation in Embu as sad, saying there was a leadership problem as Mr Wambora was unable to live within the expectations of the constitution.

He said that it was unfortunate that Mr Wambora did not appreciate that they were dealing with a new matter after the courts quashed the previous impeachment process.

“Impeachment is a tool of governance. It’s not a declaration about his personal liability. It’s not about tribe. It’s about accountability. It’s about facts and the Senate is mature enough to deal with this matter,” said Senator Murkomen.

Senator Gideon Moi (Baringo, Kanu) said there is no justification of the motion because Mr Wambora did not benefit personally from the corruption at the County.

Senate Majority Leader, Prof Kithure Kindiki (TNA) said the Senate will not backtrack on its mandate of protecting and oversight of counties.

“We shall discipline the executive at national and county level to be servants of the people. The Senate shall not entertain frivolous motions but we shall be vicious on corrupt leaders,” he said.

He also defended MCAs against accusations that they are lynch mobs, saying they are constitutional office holders.

Senate Minority Leader Moses Wetangula (Bungoma, Ford-K) said everybody must work within and under the constitution.

He was dismayed by the level of Mr Wambora's arrogance and blamed it on his lawyer whom he said abdicated on his responsibility as a counsel.

Mr Wambora was a victim of misadventure of his lawyer. We are not on avalanche of impeachments. Every case should be judged on its own merit,” said Senator Wetangula.

He reminded governors that they are not elected as bosses but Chief Executive Officers (CEO) of counties and must appreciate that the buck stops with them.

Senator Kiraitu Murungi (Meru, APK) denied having anything to do with Mr Wambora’s predicament saying claims that Embu Senator Lenny Kivuti and him were masterminds of his removal from office were untrue.

Senator Kivuti also distanced himself from being associated with Mr Wambora’s woes saying he tried to reconcile the warring parties, in vain.

He explained that he tried to bring members of County Assemblies (MCAs) and other stakeholders within the county to talk to him but Mr Wambora wanted the Embu County dissolved.

Homa Bay Senator Otieno Kajwang’ (ODM) termed Mr Wambora's defence that the malpractices were committed by someone else within the county as not convincing.

“Defence that it is not me, it’s my officers is not good enough. If you steal or let your officers steal, you are fired,” he said.

Senate Chief Whip Beatrice Elachi (APK) said governors should stop complaining and adhere with the law to remain safe.