Wambora’s ouster draws mixed reactions

The historic decision by the Senate to kick out Embu Governor Martin Wambora has elicited mixed reactions with some seeing it as a move by the House to assert its authority.

But senators defended their action, saying that the House simply carried out its duty.

The Senate has always been derided as nyumba ya wazee (house of old men) especially by members of the National Assembly and the move to impeach Mr Wambora was interpreted as a loud statement that the wazees were no pushovers.

The vote to send the governor home will inevitably send a strong warning to governors, some of who have ignored summons by the House.

That the Senate was determined to show its might as the custodian of devolution became evident at Friday’s historic sitting that handed it a first in Kenya’s history.

Indeed, statements by some senators during the debate strongly indicated they were out to crack the whip against governors in order to protect devolution.

Mr Wambora’s 15-minute plea of innocence did not help in any way; the senators had made a resolve and they were not backing down.

His lawyers said the Senate had breached the law because it had ignored a court order the Embu Governor had obtained barring the House from investigating him.

On Saturday, Council of Governors chairman Isaac Rutto’s aide said: “Our position is that Jubilee is attempting to kill devolution and I can tell you they will not stop here, there are another four or five governors who are being targeted”.

MUTUA CONTESTS MOVE

Law Society of Kenya Chairman Eric Mutua also contested the Senate move, saying the House not only ignored a court order, but it also created a constitutional crisis because the court might decline to swear in the new Embu Governor to protest the “belittlement” by the House.

“The impasse will escalate the friction between the Judiciary and the Senate; competition between the two institutions is not healthy. The Senate could be attempting to flex its muscles but that is not the way to go”.

Mr Mutua accused the Senate of sending the wrong signal that anyone can ignore a court order.

He said that although the Senate has a responsibility to safeguard devolution and put governors on check, it should not be at the expense of breaking the law.

COURT ORDER

Mr Mutua also blamed Mr Wambora for honouring the Senate summons, saying the governor could have ignored appearing before the committee and base his refusal on the court order.

Deputy Senate Speaker Kembi Gitura on Saturday denied the Senate was out to wage war on governors.

“We did what we were supposed to do as we have a job to do,” said Mr Gitura, adding that the House derives its mandate from Article 181 of the Constitution and Section 33 of the County Governments Act.

He said those criticising their action do not understand the role of the Senate.

“The job of the Senate is to play a watchdog role on the governors to ensure the resources from the national government are utilised prudently,” he told the Sunday Nation.

“Taxpayers’ money must be used in a prudent and accountable manner and governors must learn to consult with other elected leaders in their counties. It doesn’t hurt to consult,” said the Murang’a senator.

He said the Senate did not break any law by impeaching Mr Wambora even though he had a court order, adding that institutions must honour separation of powers.

The Senate on Friday evening voted to kick out Mr Wambora after he was found guilty of three out of five allegations he was facing. His Deputy Ms Dorothy Nditi was absolved from any wrongdoing and is poised to become the first woman governor in the country.