Governors headed to court over sacking

Reality started to sink in on Saturday on the move by the Senate to impeach Embu Governor Martin Wambora, with his former colleagues vowing to take the battle to the courtrooms.

The chairman of the Council of Governors, Mr Isaac Rutto, said they would seek an interpretation of the law on the standards that should be met before a governor can be impeached.

“We must meet international standards on impeachment and borrow precedents from Commonwealth countries, with Nigeria being a good example where the courts have repeatedly overturned impeachment of governors,” he said.

On February 7, Chief Justice Dr Willy Mutunga formed a three-judge bench to hear Mr Wambora’s case, which he had filed before he was impeached.
Yesterday, Mr Rutto said the Senate impeached the governor even when it had been served with a court order stopping the same.

He said they will also seek an interpretation on whether the Senate committee had powers to summon governors to answer questions on issues related to financial management in their respective counties.

Mr Wambora appeared before a Senate select committee after the Embu Members of the County Assembly (MCA) voted to impeach him.

The committee ruled that the governor was guilty of three out of the five charges levelled by the MCAs.

Mr Wambora was impeached for violating the Public Procurement and Disposal Act 2005 and Regulations 2013, the Public Finance and Management Act and the Constitution.

However, he was cleared of the charges of abuse of office and violation of the County Governments Act 2012.

The 11-man Senate team, however, cleared Mr Wambora’s deputy, Ms Dorothy Nditi, of all the charges.

Ms Nditi assumed office yesterday as provided for by the Constitution and said she was up to the task.

But on Saturday, Mr Rutto claimed Mr Wambora was still in charge.

“Mr Wambora remains the Governor of Embu until the High Court of Kenya determines otherwise,” he said.

On Friday night, 39 senators voted to send Mr Wambora home with only one voting in his favour and another abstaining.

During the highly charged debate, senators Johnstone Muthama (Machakos) and John Munyes (Turkana) told the House to brace itself for similar debates on their area governors - Alfred Mutua and Josphat Nanok - respectively.

Addressing the media in Bomet on Saturday, Mr Rutto dismissed Mr Wambora’s impeachment as unconstitutional, claiming that the Jubilee administration had lined up 11 other counties headed by “uncooperative governors to go the Embu way”.

He warned that county assemblies could be used as “lynch mobs” to destroy the counties.

Senators, MCAs and wananchi have expressed dissatisfaction in the handling of county affairs by virtually all the 47 governors.

The nation’s eyes will particularly be trained on counties where governors are embroiled in squabbles with their county assemblies.

ACCUSATIONS AND COUNTER-ACCUSATIONS

In Elgeyo-Marakwet, accusations and counter-accusations characterise the relationship between the executive headed by the Governor Alex Tolgos and the county assembly. Several crucial Bills including the Finance Bill are still pending in what the governor claims is a move by the assembly to derail his agenda.

In Kisumu, Governor Jack Ranguma has been put on the spot over a proposed waste management programme that he has refused to endorse.

Acrimony between Governor Ken Lusaka and county reps in Bungoma over the appointment of chief officers is threatening to cripple operations.  Already, the assembly has rejected two out of the three officers who appeared for vetting.

Kakamega ward chiefs have given Governor Wycliffe Oparanya a one-week ultimatum to release Sh10m he promised for development. The county reps are also pushing for Sh1 million for bursaries in their respective wards.

In Nyamira, Governor John Nyagarama is not sitting pretty as some assembly members accuse him of mismanaging the county affairs.

In Narok, Governor Samuel Tunai is fighting with members who accuse him of employing outsiders at the expense of locals.

Despite mending fences with the ward bosses, Machakos Governor Mutua, who is on a media blitz to promote his development agenda, has another challenge: his fight with Senator Muthama.

Mr Muthama has accused Dr Mutua’s administration of corrupt practices and has written letters to several government agencies asking them to investigate.

Kitui Governor Julius Malombe faces accusations of being elitist and inaccessible by a section of the ward chiefs. They claim he has taken too long to implement his policies.