- This is the third impeachment motion against Mwangaza
- In her first instance, Mwangaza faced trial through an 11-member panel and the plenary in the second case
Image: PCS
Embattled Meru Governor Kawira Mwangaza will face her moment of truth on Monday when the Senate begins her impeachment hearing.
According to a Gazette Notice by Speaker Amason Kingi, the trial will take place for two days.
"Special sittings of the Senate to hear the charges against Hon Kawira Mwangaza, Governor of Meru County, seeking her removal from office through impeachment, will be held on Monday, August 19, 2024 and Tuesday, August 20, 2024, in the Senate Chamber by way of Plenary."
The governor will be tried by plenary after Senators last week voted to defeat a motion that sought to set up an 11-member select committee to hear her case.
Mwangaza has been impeached for the third time in two years, after MCAs voted in favour of the ouster motion on August 8.
Plenary saved her before
She will be facing the plenary just like her second impeachment motion in which Senators absolved her of all the seven charges against her.
In her first instance, Mwangaza faced trial through an 11-member panel of the Senate.
This was after 49 MCAs voted in support of the motion against 17 who rejected it.
Three members failed to avail themselves at the assembly for the vote.
The motion on Mwangaza's impeachment was tabled by nominated MCA Zipporah Kinya who accused the governor of three counts: gross violations of the constitution, gross misconduct and abuse of office.
In the gross violation of the constitution and other laws, Kinya said Mwangaza illegally revoked the appointment of Virginia Kawira as the secretary of the county public service board.
"It is only the county assembly who have the mandate to revoke the appointment of the secretary county public service board," she said when the motion was tabled.
The deputy majority leader said Mwangaza failed to appoint the Chairperson of the Meru County Revenue Board, Meru Microfinance Corporation, Meru Youth Service Board and Meru County Investment and Development Corporation Board as required by law thus failing to operationalise the said Boards.
Mwangaza is also accused of refusing to implement the recommendations of the County Assembly requiring her to dismiss County Secretary Kiambi Athiru.
The governor also refused to implement the assembly resolution to dismiss Chief of Staff Harrison Gatobu for gross violation of the Constitution.
The MCAs claimed that Athiru and Gatobu had also been illegally hiring and firing staff but Mwangaza did not take any action.
On the count of gross violation of the constitution and other laws, Mwangaza is accused of illegally dismissing John Ntoiti (CEO of County Revenue Board), Paul Mwaki (CEO of Liquor Board), Kenneth Mbae (MD of Meru Microfinance Corporation) and Joseph Mberia (CEO, MEWASS).
This, MCAs argued, was in the usurpation of the powers of the appointing authorities contrary to section 9 (7)(b) of the Meru County Revenue Board Act and section 10(6) of the Meru County Investment and Development Corporation Act.
Committee vs Plenary
Last week, senators resolved that Mwangaza would face the whole 67 senators to fight for her survival.
They rejected a motion by the House Business Committee that proposed the impeachment motion against Mwangaza be probed by a team of 11 senators.
In the defeated motion last Wednesday, the 11 members would have included Senators Hillary Sigei, Abdul Haji, Wahome Wamainga, David Wafula, Gloria Orwoba, Karen Nyamu and Issa Juma.
Others are Eddy Oketch, Shakilla Abdalla, Betty Montet and Beatrice Akinyi.
The majority argued that the plenary route would serve justice to both Mwangaza and the MCAs.
Migori Senator Eddy Oketch, who had been proposed to sit in the team to try Mwangaza, backed the committee route terming it the best way to find a lasting solution.
“We must go the committee way so that we can interrogate these matters not just to decide on whether to impeach or not, but to make proposals which can have a lasting decision for Meru,’’ he said.
Vihiga's Godfrey Osotsi was also for the committee as it gives the House a broad-based approach that will look at other serious issues facing the county.
It will allow Senators an opportunity to deal with "this Meru issue once and for all".
“In the committee way, the committee goes beyond the impeachment, the Meru situation is a serious problem that requires serious thinking,’’ Osotsi said.
The county could also be dissolved.
“There may be instances where we may need to look at suspending this county and send everyone home or not and that can only be acted by a committee because our standing orders do not allow the plenary to send a report to the president so that he can act on it.’’
However, Isiolo Senator Fatuma Dhulo termed the committee route as limited.
“This is not just an impeachment, it is a serious matter that affects the Meru people, If we go the plenary way, Meru people will see what happened with the impeachment of their governor," she said.
“Going the committee way, Meru people may not fully see what happened.’’
Murang’a Senator Joe Nyutu supported the plenary approach.
“This House has been able to prove itself that it can impeach or stop an impeachment based on the evidence, the competence or otherwise of the plenary has already been proven," Nyutu said.
“This will be an eye opener for senators to see what is happening in the counties. We should give every senator an opportunity to get a feeling on what happens in counties."
Bomet Senator Hillary Sigei, who had been presumed to chair the committee, said he vouched for the plenary for the interest of the Meru people.
“I am aware that I stand a chance to chair the committee but the interests of the Meru people are paramount…I still believe that the best way to serve the people of Meru is to have the plenary deal with this issue,’’ he said.