- Governors and their deputies who face impeachment will be forced to personally shoulder the burden of hiring lawyers to represent them in the cases, senators have said.
- This is even as the lawmakers announced opening inquiry after the revelation that the county bosses, who have faced removals, spent public resources on legal services.
Image: FILE
Governors and their deputies who face impeachment will be forced to personally shoulder the burden of hiring lawyers to represent them in impeachment cases, senators have said.
This is even as the lawmakers announced opening inquiry after the revelation that the county bosses, who have faced removals, spent public resources on legal services.
Through the Senate County Public Accounts Committee, the legislators want such governors and deputies – whether current or former – surcharged.
"And I must reiterate this, we must get visibility on the expenses that were spent on the impeachment because you have confirmed that they were charged from the County,” CPAC chairman Moses Kajwang’ said.
According to the committee, impeachment is a personal challenge and as such, state officers facing ousters should shoulder the burden of defending themselves.
Kajwang spoke when his committee questioned Embu Governor Cecily Mbarire over the auditor queries on Thursday.
It emerged that the county cash was used to pay lawyers who represented some former governors in their ouster bids.
Twice, the Senate confirmed the impeachment of a governor by the country assembly but the courts overturned the removals.
“They should not be charged from the county,” he said.
Kajwang’, who is the Homa Bay Senator, said his committee is inquiring into all funds spent by both former and current county chiefs in the ouster cases.
“Once we get visibility on them, we shall be making a recommendation towards a surcharge of the individual who benefitted from those services," Kajwang' said.
At least 10 current and former governors and deputy governors have faced impeachment in the last 10 years.
While a majority of the cases have been rejected by the Senate, at least five of them have been confirmed.
Besides former Embu governor Martin Wambora, former Nairobi governor Mike Sonko and his Kiambu counterpart Ferdinand Waitutu have also seen their impeachment upheld by the Senate for gross violation of the constitution, abuse of office and gross misconduct.
The senate also upheld the impeachment of the ex-Wajir governor Mohamed Abdi.
However, Abdi resumed office months later after the courts overturned his removal because his removal from office was done irregularly.
"Mohamed Abdi Mohamud was not removed from office legally... The swearing-in of Ahmed Mukhtar as the governor of Wajir and the appointment of Hashim Musa as deputy governor is therefore null and void," ruled the court.
In March this year, the Senate confirmed the impeachment of Kisii Deputy Governor Robert Monda.
The lawmakers found Monda guilty of gross misconduct, gross violation of the Constitution and abuse of office.
Last year, Siaya Deputy Governor William Oduol survived impeachment in the Senate.
Meru Governor Kawira Mwangaza has twice survived impeachment in the senate in as many years.
Kirinyaga Governor Anne Waiguru also evaded the ouster in the Senate.
Former county chiefs who faced outer bids are, Granton Samboja (Taita Taveta), Paul Chepkwony (Kericho), Mwangi Wairia (Murang’a) and the late Nderitu Gachagua (Nyeri).
Former Machakos Deputy Governor Bernard Kiala also survived impeachment in the Senate.