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Meru Governor Kawira Mwangaza operates with impunity, disrespects the constitution and all those who work under her and hence is unfit to hold office, Members of the County Assembly averred yesterday.

Defending the governor’s third impeachment, the MCAs told the Senate that they had enough evidence to prove their case.

They denied that the motion was done out of malice, insisting that grounds to impeach the government were watertight.

The mover of the impeachment motion Zipporah Kinya (Nominated MCA), explained farmers in Meru had lost livestock due to lack of services by the county government.

“The county government has failed to provide extension officers to offer services to the farmers leading to the deaths of livestock. Efforts to have the executive to address the matter fell in deaf ears,” Kinya said.

Contravened Chapter Six

In its preliminary submissions before the Senate, the County Assembly’s legal team said it will prove that Kawira has blatantly contravened Chapter Six of the Constitution.

“The assembly has enough evidence to defend their case. Senators should deliver justice to the people of Meru this time round,” pleaded the assembly lead legal counsel, Ndegwa Njiru.

He added; “For the third time, this cannot be malice or personal vendetta. Accountability is the gateway to earn trust.”

Njiru told senators that the MCAs will table evidence to prove misuse of taxpayer’s resources “at the request of the governor.

Kawira has been accused of gross violation of the Constitution of Kenya, gross violation of various national and county laws, and abuse of office.

The County Assembly defended its decision to take the governor back to the Senate saying it is well within their oversight role.

“Holding someone accountable is out of love. It shows the love Meru County Assembly has for the people of Meru County,” Njiru stated.

Counsel Boniface Mawira, who is part of Meru County Assembly legal team, argued issues bedevilling Meru County have emanated from poor leadership by Governor Mwangaza through mismanagement of county affairs.

“It’s not merely for the joy of it that the Meru County Assembly is appearing. Clearly there’s a problem and MCAs have diagnosed it and are calling on Senators to deal with it,” Mawira told Senators.

Threats and assaults

Meru ward representatives alluded to attempts by Mwangaza to stifle their oversight role citing threats and attempted assaults on the eve of the impeachment motion against the Governor.

 “There have been threats and intimidation and attempted assault on the eve of debate of impeachment motion. The Governor has tried to arm-twist the county assembly in the oversight role,” Mawira averred.

The legal counsel insisted they have the requisite threshold of evidence to prove before the House that Governor Mwangaza is unfit to hold office.

“Is gender a shield that one cannot be held accountable because you are male or female? The MCAs had no recourse but to come to the Senate to seek recourse of devolution which is dying in Meru county,” Mawira observed.

The assembly also demonstrated how the governor had neglected the health sector resulting in expectant mothers giving birth in the open as no facility has an operational labour ward.

Kinya told the senate that the state of health facilities in the county was appalling but the governor had failed to act despite pleas from the residents.

The governor’s legal team starts its defence this morning before senators proceed on report writing after which it will be tabled the day after.

Mwangaza faces five charges of gross violation of the Constitution in the third impeachment motion against her in a span of two years.

Mwangaza is accused of illegally revoking the appointment of CPA Virginia Kawira Miriti as Secretary/CEO of the Meru County Public Service Board, without a vote of not less than 75% of all the members of the County Assembly and in usurpation of the powers of the County Assembly.

The embattled governor failed to appoint the Chairpersons 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 operationalize the said Boards, and/or illegally appointing the said Chairpersons without vetting and approval by the County Assembly.

 The respective secretariats of the said boards continue to draw and expend public funds without duly appointed Board members to exercise a supervisory role over the Boards’ Secretariats in order to ensure accountability in the spending of funds, thus jeopardizing service delivery.

The MCAs allege that Mwangaza refused to implement the recommendations and/or resolutions of the County Assembly requiring her to dismiss the County Secretary, Dr. Kiambi Atheru Thambura, and the Chief of Staff, Harrison Gatobu Nchamba Mbithi from office for gross violation of the Constitution and other laws.

“The governor blatantly ignored or failed to submit a report to the County Assembly on the implementation of the said recommendations within sixty (60) days as required in the Report of the County Assembly dated 23rd December 2023,” the MCAs argue.

Illegal dismissal

She is further accused of illegally dismissing Dr Ntoiti (CEO of County Revenue Board), Paul Mwaki (CEO of Liquor Board), Kenneth Kimathi Mbae (Managing Director of Meru Microfinance Corporation) and Joseph Kithure Mberia (CEO, MEWASS) 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, a result of which the County Government of Meru has been slapped with costs and damages amounting to Sh 4 million by the Employment and Labour Relations Court.

In the second charge, Mwangaza is accused of engaging in gross misconduct by deliberately and knowingly misleading the public by giving false information that Sh86,000,000.00 had been raised through the Paybill number 247247 Account Number 0400163917899 established after the murder of Daniel Muthiani alias Sniper while the correct position is that only Sh 286,516.00 was raised thus violating the moral and ethical requirements expected of State Officers.

The third charge accuses Kawira of abuse of office by engaging in acts and omissions which singularly and collectively amount to abuse of office and gross violation of (among others) Articles 10, 73, 201, 226 (5), and 232 of the Constitution, sections 8, 12, 13 (1) and 35 of the Leadership and Integrity Act, 2012, and sections 45 (2) and 46 of the Anti-Corruption and Economic Crimes Act.