The impeachment of Kisii Deputy Governor Dr Robert Monda will be heard in plenary after a proposal to establish an 11-member special committee collapsed.

Monda was impeached by Kisii Ward Reps on claims of gross misconduct and violation of the Constitution, abuse of office and crimes under national law.

He is accused of using his position to solicit Sh800,000 thereby, conferring a financial benefit upon himself and attempting to influence Gusii Water and Sanitation Company (GWASCO)’s hiring decision by sending a Sh100, 000 to its Managing Director.

“The Deputy Governor contravened Article 75 of the Constitution by attempting to influence the appointment process for the position of Commercial Manager at GWASCO by offering a bribe to its Managing Director, Ms Lucy Wahito Wachira,” the charges tabled at the Senate.

The embattled DG is accused of violating the Constitution by soliciting and receiving a bribe to influence the recruitment process at the GWASCO and breached the Leadership and Integrity Act and Public Officer Ethics Act compromising the integrity of a public recruitment institution for personal gain.

The County Assembly, who are the accusers will be relying on three witnesses; David Oyagi, Gladys Aminga and Enock Maranga and affidavits of Dennis Misati and Lucy Wahito.

Yesterday, a motion to establish an 11-member committee to investigate the allegations and report back to the House within 10 days collapsed after Senate Majority Leader Aaron Cheruiyot (Kericho), while moving the motion to establish the select committee failed to get a seconder of the motion.

Cheruiyot had requested Nairobi Senator Edwin Sifuna to second the motion, however, the latter refused on reasons he did not reveal on the floor of the House, there by collapsing the motion.

“Mr Speaker, I am unable to second this motion. I want to give the reasons why I cannot second this motion,” said Sifuna.

Speaker Amason Kingi then ruled that implication of the failure to get a seconder of the motion, means it collapsed and therefore the House will consider the allegations in plenary.

“Clearly, Majority Leader, you do not have a seconder for this motion. Motion for the establishment of a formation for a committee having suffered that setback, the matter shall be heard in plenary. I will be giving further directions in due course,” said Kingi.

Speaker at the same time cautioned senators to desist from publicly commenting on the merits or demerits of the impeachment motion before the House.

Further directions

“Doing so would amount to 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 Deputy Governor or the impeachment process, outside the confines of the impeachment proceedings as such comments may prejudice the just outcome of the process,” said Kingi.

Speaker reminded the lawmakers that in undertaking their mandate, 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 on the matter.

 “This is a reminder that the impeachment hearing is not just a procedural formality but a fundamental process that plays a crucial role in upholding the principles of democracy and good governance. This hearing is one of the most crucial oversight tools and roles of the Senate.”

Senators Seki Lenku Ole Kanar (Kajiado), Wafula Wakoli (Bungoma) Mariam Sheikh Omar (nominated), Joe Nyutu (Muranga) James Lomenen (Turkana), Margaret Kamar (Nominated), Okiya Omtatah (Busia), Beth Syengo (nominated), Issa Juma Boy (Kwale), Shakila Abdallah (nominated) and Crystal Asige (nominated) had been listed to form part of the committee.

Last week, the Kisii Assembly approved a motion to remove from office, by impeachment, the DG.

Assembly Speaker informed the Speaker of the Senate of the approval of the motion and further forwarded documents in evidence of the proceedings

This is the fourth impeachment hearing in the 13th Parliament, and the second one involving a deputy governor.