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Embattled Meru Governor Kawira Mwangaza will have to wait until December 30, to know her fate on whether the Senate will uphold or reject the charges levelled against her by the Ward reps.

This is after the Senate established an 11-member committee to investigate the proposed removal from office of Kawira as Governor of Meru county and to report to the Senate, within 10 days of its appointment, on whether or not it finds the particulars of the allegations against the governor to have been substantiated.

The Senate proposed senators Boni Khalwale (Kakamega), Jackson Mandago (Uasin Gishu), Karungo Thang’wa (Kiambu), Ali Roba (Mandera), Eddy Oketch (Migori), Joseph Kamau (Lamu), Edwin Sifuna (Nairobi), Agnes Kavindu (Machakos), Johnes Mwaruma (Taita Taveta), Esther Okenyuri (nominated) and Peris Tobiko (nominated) to serve in the special committee.

While moving the motion for the establishment of the special committee, Senate Leader of Majority Aaron Cheruiyot (Kericho) told the members that whether the House adopted the Plenary sitting or the committee sitting, both were effective ways to hear the charges.

Cheruiyot urged the House to approve the 11-member team to cover huge amount of work that would otherwise not be able to be covered in a plenary.

“If you look at the list of proposed members, it has all the shades and colours. Given that this has come during Christmas break, I want to urge that we give keen attention to this matter by way of a committee so that we can listen to the governor and MCAs,” said Cheruiyot.

“I also want to urge members, especially the committee, don’t be intimidated, because impeachment is not an easy process, some are painting us in bad light. We are guided by the evidence that is provided before us. Please show me the spouse of a male governor who goes into altercation with other leaders in the county.”

Gender issue

However, nominated Senator Gloria Orwoba opposed the motion saying that the motion has many dynamics and touches on a lot of issues including gender.

Orwoba argued that both the Leader of Majority and his Minority counterpart should have included more women in the committee, adding that the inclusion of two former governors would not bring a fair trial to the embattled governor.

“I oppose the motion because it has many dynamics. This impeachment motion, touches on a lot of issues. We only have three women in the committee. They should have had more women,” said Orwoba.

Narok Senator Ledama Ole Kina supported the motion saying that the process of impeachment is a political process and not legal.

“The issue today is very emotive. It is whether we go the committee or the plenary. This is a political process not a legal issue. This process is purely matters of politics. This Senate does not impeach a governor. A governor is impeached by the members of the County Assembly. We only reject or uphold the process guided by the County Government Act,” said Ledama.

Danson Mungatana (Tana River) urged the Senators to approve the committee route, adding that the selection of the members adhered to regional balance, experience from former governors and lawyers.

“No Senator is an expert in everything. There are audit queries among the charges leveled. If we have trust in the capacity of our fellows, then we should allow them to sit and bring us a report. The issue of whether the governors who have been selected should not arise. They have lived through live experiences. They will be of great use. Let us not be emotional about this,” said Mungatana.

Fair process 

Kisumu lawmaker Prof Tom Ojienda, however, pleaded that the House would have at least called for a ‘Kamkunji’ to agree on whether to have the committee or to support the plenary.

“The question is the process not about the members proposed. The process would have been righted. It is not about who sits in the committee. They should have at least formed a Kamkunji. A plenary affords members to follow the proceedings and see a fair process for impeachment,” said Ojienda.

Section 33(3)(b) of the County Governments Act, provides that the Senate by resolution, may appoint a special committee comprising 11 of its Members to investigate the matter.

“The Senate resolves to establish a special committee comprising 11 Senators to investigate the proposed removal from office of the Governor of Meru County, and to report to the Senate, within 10 days of its appointment, on whether or not it finds the particulars of the allegations against the Governor to have been substantiated,” the motion reads in part.

Kingi while communicating to the House warned Senators to desist from publicly commenting on the merits or demerits of the impeachment motion before the Senate.

“Doing so would amount to the anticipation of debate which is an infringement of Standing Order 99. It shall be out of order, within the meaning of Standing Order 122, for any Senator to make comments, whether written or spoken, in relation to the conduct of the governor or the impeachment process, which is outside the confines of the impeachment proceedings, as such comments, may prejudice the just outcome of the process,” said Kingi.

He went on: The Senate will be sitting as a quasi-judicial body and will conduct investigations into the alleged infractions of the Constitution and the law; and thereafter make its determination in the matter.”

Mwangaza was impeached last week  over alleged nepotism, illegal appointments, unlawful dismissals, misleading campaigns against other leaders and gross violation of the Constitution.

 Bishop Kawira made history in the August 9 general election when she floored two political giants, the then Meru Governor Kiraitu Murungi and then Senator Mithika Linturi.