Senate team set to probe deputy governor’s ouster
What you need to know:
- He faces two charges: gross violation of the Constitution; and gross violation of the County Government Act, Public Ethics Act, National Cohesion and Integration Act, and the Leadership and Integrity Act.
- Article 181 of the Constitution that gives the grounds for removal of a governor is silent on how a deputy governor can be sent home.
A Senate committee set up to investigate the impeachment of Machakos Deputy Governor Bernard Kiala has 10 days to determine whether allegations against the official warrant his ejection.
The 11-member team met Wednesday and picked Mr Mutahi Kagwe (Nyeri, Narc) as the chairperson and Dr Agnes Zani (Nominated, ODM) as the vice-chairperson.
The committee will assess evidence presented to it by the county assembly against Mr Kiala.
The deputy governor will have to either appear before the committee in person or be represented by a lawyer. Both can also choose to present themselves before the senators.
He faces two charges: gross violation of the Constitution; and gross violation of the County Government Act, Public Ethics Act, National Cohesion and Integration Act, and the Leadership and Integrity Act.
Other senators to investigate the matter include Mr Lenny Kivuti (Embu, APK), Mr Sammy Leshore (Samburu, URP); Mr Abu Chiaba (Lamu, TNA), and Ms Martha Wangari (Nominated, UDF).
Senators Ben Njoroge (Nominated, TNA), Prof Anyang’ Nyong’o (Kisumu, ODM), Mong’are Okong’o (Nyamira, Ford-K), Daisy Kanainza (Nominated, ODM) and Omar Hassan Omar (Mombasa, ODM) are also part of the team.
Senate Minority Leader Moses Wetang’ula (Ford-K) appealed to the committee to approach the matter with an open mind and bring a verdict that upholds the dignity of the House.
Senator Mutula Kilonzo Jnr (Makueni, Wiper) said the people of Machakos were anxious to see how the case would be handled. He said there was need for legislation that would clear doubts following concerns that existing laws do not state clearly how deputy governors are impeached.
SILENT
Article 181 of the Constitution that gives the grounds for removal of a governor is silent on how a deputy governor can be sent home.
Section 33 of the County Government Act also does not say what should be done to remove a deputy governor from office.
Senate Majority Leader Kithure Kindiki (Tharaka-Nithi) is drafting the Impeachment of Governors and Deputy Governors Bill, 2014 that is aimed at providing a clear path to follow when impeaching a deputy county boss.
Elgeyo Marakwet Senator Kipchumba Murkomen (URP) was hesitant in supporting the formation of the committee, saying that deputy governors lacked a clear mandate in running county affairs.
Mr Kiala will be the first deputy governor to face the Senate committee hearings alone over impeachment.
His Embu counterpart, Ms Dorothy Nditi, was quizzed alongside his boss, Mr Martin Wambora, and found not guilty. She was allowed to resume her duties.
