Embu governor impeached over graft

Embu County made history on Tuesday when it became the first to pass a motion impeaching its governor and his deputy over allegations of corruption and abuse of office.

Twenty two members of the County Assembly voted in favour of the motion to impeach Governor Martin Nyaga Wambora and his deputy, Ms Dorothy Nditi, despite a court order barring them from debating the motion until February 5.

Three others voted against it. Eight — considered to be Mr Wambora supporters — walked out in protest. The assembly has 33 members.

The two motions filed by Deputy Speaker Ibrahim Swaleh and Nthawa Ward representative Ngare Makenge garnered more than the two thirds majority required by the Constitution and will now be forwarded to the Senate.

Under the County Government Act, the County Assembly is required to communicate the results of yesterday’s motion to the Speaker of the Senate, Mr Ekwee Ethuro.

The Senate is then required to form a committee to discuss the issue and table its report for debate. If the report is supported by at least 24 elected senators, then the governor and his deputy will be sent packing.

IRREGULAR COURT ORDERS

Before debate on the motions began yesterday, County Speaker Kariuki Mate ruled that the order issued by Lady Justice Cecilia Githua of the High Court in Kerugoya stopping the assembly from debating the matter was irregular because it did not have an official High Court seal.

He said it was wrong for the court to gag the assembly while it had already commenced the motion. “It is necessary for the court not to appear as if exercising managerial oversights over the county assembly,” Mr Kariuki said.

“It is necessary to ensure that orders of the court are not exposed to doubts and to questions of competence. The orders served to the Speaker were without the seal of the High Court.”

The Speaker ruled that the orders were “incompetent” because they did not have the seal of the High Court.

Mr Kariuki’s ruling set the stage for the assembly to start debating the impeachment motions.

Contributing to the first motion, Mr Swaleh accused Mr Wambora of abetting corruption by ignoring their recommendations that he sacks county secretary Margaret Lorna Kariuki for failing to follow procurement laws.

He said the move to authorise the facelift of the Embu Stadium whose cost rose from Sh8 million to Sh42 million, and the purchase of Sh35 million worth of maize seed without tendering directly implicated the governor since he was Ms Kariuki’s appointing authority.

“The buck stops with the governor since he urged her not to step aside. He knew the tendering process was not followed,” said Mr Swaleh.

“We are the first county to move a motion of this kind and we are not malicious. We shelved it last week because we wanted those opposed to it to come and raise issues in the House.”

Mr Swaleh accused Mr Wambora of trying to frustrate them by inviting members on a tour of Rwanda ostensibly to study devolution.

BRIBERY ATTEMPTS

“This is an attempt to bribe us. The tour would have cost the county at least Sh13 million. When the county is on fire, it is the time he is thinking of going out to enjoy ourselves instead of giving us bursaries for the needy,” he said.

According to a letter read to the assembly, every ward representative who was to travel to Rwanda would have been paid a daily allowance of Sh26,000.

During the debate, Gaturi South Ward representative John Mwangi was ejected for interrupting voting. On his way out, he snatched one of the ballots and was suspended from attending the remainder of the session.

Mr Mate said he would send a communication to the Senate to commence impeachment hearing.

Mr Wambora’s fate now lies with the Senate, whose Speaker, according to Article 181 of the Constitution, is supposed to convene a meeting of the Senate to hear the charges against the governor.

If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the Embu County Assembly speaker. If the assembly is not satisfied with the Senate’s decision, it can re-introduce the debate after three months.

After passing yesterday’s motions, the Embu county assembly proceeded on recess until February 11.

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WHAT THE LAW SAYS

How governor can lose seat

• If a majority of all the members of the Senate vote to uphold any impeachment charge, the governor shall cease to hold office.
• If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the Speaker of the concerned county assembly accordingly and the motion by the assembly for the removal of the governor on the same charges may only be re-introduced to the Senate on the expiry of three months from the date of such vote.