Stop impeachment craze, MCAs told

Lawyers have warned that increased cases of impeachment in counties will cripple service delivery.

They cautioned the MCAs against the incessant sacking of assembly speakers, saying it is not the best solution to solving wrangles.

Law society of Kenya chief executive Apollo Mboya, council member James Mwamu and lawyer Taib Ali Taib, yesterday termed the impeachment spree a threat to devolution.

Several governors are also facing impeachment threats from MCAs.

“What the members of county assemblies are doing amounts to hooliganism,” Mr Mboya told Nation.

These sentiments echo a ruling by the Court of Appeal early this month that warned the assemblies against removing leaders from office without following procedure.

Appellate judges David Maraga, Gatembu Kairu and Agnes Murgor said cases where counties are neglecting the law have become rampant.

“We are alarmed by the rampant actions by some leaders who disregard of the rule of law. The impression we get is that the Kisumu County Assembly thinks it can do anything under the sun as long as it passes a resolution to do it whether or not such an act is unconstitutional,” they said during a ruling that reinstated Kisumu Speaker Ann Adul.

This came even as Transitional Authority chairman Kinuthia wa Mwangi said the “uncontrollable” MCAs must be tamed.

Plans are under way in Kisumu, Nyeri and Murang’a to remove the speakers and governors over alleged abuse of office and corruption.

In Kisumu, MCAs have started a fresh bid to remove Speaker Ann Adul over a Sh17.4 million graft case barely a week after she was reinstated.

MCAs in Murang’a and Nyeri members want governors, Mwangi wa Iria and Nderitu Gachagua, removed over lack of accountability over funds.

Mr Ali Taib on the other hand called for clipping of the powers of MCAs to impeach.
“Alternatively, he wants everyone to go home whenever a governor is impeached,” he added.

Mr Mwamu said obsession to send away governors and speakers has nothing to do with increasing democratic space. “Some MCAs are being sponsored by the opponents of the sitting governors and speakers. Secondly, everyone wants to control the money,” he said.