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All eyes on Senators as Oduol’s impeachment heads to House

The Senate will then vote to either uphold or overturn the impeachment.

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by MAUREEN KINYANJUI

News12 June 2023 - 06:13
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In Summary


  • •Within seven days after receiving notice of a resolution from the speaker of the county assembly, Kingi is expected to convene a sitting to hear the charges against the DG.
  • •During this period, Oduol will continue to perform the functions of the office pending the outcome of the Senate proceeding as the law indicates.
Embattled Siaya County deputy governor William Oduol following proceedings of the special committee of the Siaya county assembly that is hearing grounds of his proposed removal from office on June 8, 2023

The Senate’s leadership will once again be put to the test following the impeachment of Siaya Deputy Governor William Oduol.

Oduol was impeached after 42 Members of the County Assembly (MCAs) unanimously adopted the report of the special committee that was established to investigate the grounds for which a motion of impeachment was tabled against him on May 29, 2023.    

The impeachment motion was moved by East Asembo Ward MCA Gordon Onguru who accused the DG of gross violation of the Constitution, abuse of office and misuse of public resources among other claims.

The special committee, in a report tabled on the floor of the House by its Chairman and Yimbo East Ward MCA Francis Otiato, said it found the claims to be substantiated and recommended impeachment of the DG.

During the deliberations on the report, Siaya MCAs supported Oduol’s removal accusing him of being a dishonest leader who was only out to advance his selfish gains.

The matter was then put to question by Siaya County Assembly Speaker George Okode before the members unanimously approved the report by way of roll call, thereby removing the Deputy Governor from office. 

Following impeachment, the law states that the county assembly should notify the Senate within two days.

The steps anchored by law on how a Governor is impeached are applied to the Deputy.

Section 33 of the County Government Acts states, “If a motion is supported by at least two-thirds of all the members of the county assembly, the speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days.”

During this period, Oduol will continue to perform the functions of the office pending the outcome of the Senate proceeding as the law indicates.

Within seven days after receiving notice of a resolution from the speaker of the county assembly, Senate Speaker Amason Kingi is expected to convene a sitting to hear the charges against the DG.

As anchored in the county government act, the Senate will vote to have the deputy governor face the whole house or a special committee on her impeachment.

The DG shall have the right to appear and be represented before the special committee during its investigations or the whole house.

The Senate will then vote to either uphold or overturn the impeachment.

Oduol was elected alongside Siaya Governor James Orengo under the ODM party ticket.

The second and the third Senate were put to the test during heated debates on the impeachment of governors.

Four of the impeachment processes that were considered by way of an investigation by a Special Committee include the one on former Taita Taveta governor Granton Samboja in 2019, Anne Waiguru (Kirinyaga) in 2020, Wajir’s Mohamed Abdi Mohamud in 2021 and Meru’s Kawira Mwangaza in 2022.

The impeachments of Kiambu Governor Ferdinand (2020) and his Nairobi counterpart Mike Mbuvi Sonko(2020) were, however, considered in plenary.

The Senate overturned Samboja and Waiguru’s impeachment while Mohamud, Sonko and Waititu were sent home.

 

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