How Senate complicated push to suspend Meru government

The Senate dealt proponents of the suspension of the Meru county government a major blow after they rejected a route that would have favoured the push.

The House voted to reject a recommendation by the business committee to establish a select committee to try Governor Kawira Mwangaza, technically blocking the suspension bid.

On the rise of the House on Wednesday, Speaker Amason Kingi ruled that the motion tabled to form an 11-member committee had been lost on the floor with Mwangaza set to be tried by all 67 senators.

A trial by the committee of the whole house also known as the plenary does not accord senators the latitude to prepare a report that can be handed over to the president to action suspension of a county.

The impeachment procedure gives senators only three options: Vote in favour, vote against or abstain, with the end game being the survival or fall of a governor.

Analysts had argued that suspension of the county was one of the options senators had in resolving the standoff in Meru following the third impeachment of Mwangaza by MCAs.

The county has been considered dysfunctional with the relationship between the governor and the MCAs said to be irretrievably broken.

Mwangaza does not also see eye to eye with her deputy Mutuma M’Ethingia.

A section of politicians from Meru and others from across the country have called for suspending the county government over irreconcilable differences.

Senate Majority Whip Boni Khalwale had argued that the leadership in Meru is no longer tenable, and a fresh election should be called for the governorship position and the MCAs.

“The impeachment of the governor of Meru must now invite the president to step in as provided for under Article 192 of the Constitution of Kenya. Namely, initiate the process of suspension of this county government that will eventually pave the way for fresh elections for both the governor and MCAs,” Khalwale said.

A section of Meru residents have written to President William Ruto asking him to dissolve the county government.

The petitioners have cited irreconcilable differences between Mwangaza and Members of the County Assembly.

Senators who supported the committee way argued that the panel would have an opportunity to find a lasting solution to the matter including even proposing for the suspension of Meru county.

The plenary proponents observed that the Standing Orders do not give the plenary trial leeway to prepare a report including proposing the dissolution of a county government.

Such powers, they argued, are vested in a committee.

Migori Senator Eddy Oketch 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 Senator Godfrey Osotsi argued that the House goes the committee way as the route gives the House a broad-based approach that will look at other serious issues facing Meru County.

“In the committee way, the committee goes beyond the impeachment, the Meru situation is a serious problem that requires serious thinking," Osotsi said.

“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."

Osotsi said the committee route is the most effective as it will allow Senators an opportunity to deal with “this Meru issue once and for all.’’

However, while the Senate may not recommend the suspension of the county, some residents of Meru County have petitioned the president to suspend the county government.

A petition to suspend a county government in any other exceptional circumstances shall be supported by the signatures of not less than ten per cent of the registered voters in the county.

Their petitioner is not anchored on the outcome of the impeachment proceedings and could proceed if the president so wishes even if Mwangaza survives.

The nine Petitioners, registered voters of Meru County, say the situation in the county warrants its suspension citing numerous actions that are deemed to be against the common needs and interests of the citizens.

"The fact that the area MCAs have voted twice to impeach the governor, and yet the county boss has found a way to remain in office, has made it difficult for the executive and legislature to work for the good of the residents,” they said in the letter to the head of state.

“The Meru County Executive and the Meru County Assembly are operating at extremes and are clearly at loggerheads. The Meru County Government has irretrievably broken down and is completely dysfunctional.”

If Mwangaza is impeached, her deputy will take over for the remainder of the term, but if the Senate saves her, then the situation might be complicated.

It is for that eventuality that the petitioners want the county government suspended.

A county government shall not be suspended in exceptional circumstances unless an independent commission of inquiry has investigated allegations against the county government.

The president forms a commission after the intergovernmental authority approves the grounds for the suspension as submitted to the president.

The President must also be satisfied that the allegations are justified and the Senate has authorised the suspension.

During a suspension under this Article, arrangements shall be made for the performance of the functions of a county government in accordance with an Act of Parliament.

The Senate may at any time terminate the suspension by resolution.

Last year, after the second impeachment attempt, President William Ruto asked the elders to mediate between the two parties, including reconciling the governor with her deputy.

Article 192 of the Constitution provides grounds under which the President can suspend a county government including internal conflict, war or exceptional circumstances.

The County Governments Act states that a county government may be suspended for "actions deemed to be contrary to the common needs and interests of the citizens."

Section 13 of the County Government Act provides that a county shall not be suspended in any other exceptional circumstances unless an independent commission of inquiry has investigated allegations against the county government.

The suspension of the county in any other exceptional circumstances can also not happen until the President is satisfied that the allegations are justified, and the Senate has authorised the suspension.

During a suspension under Article 192, arrangements shall be made for the performance of the functions of a county government.

A suspension under Article 192 shall not extend beyond a period of ninety days.

On the expiry of the 90 days, elections for the relevant county government shall be held.