Nyaribo survives round one of impeachment bid at assembly

Nyamira governor Amos Nyaribo yesterday survived the impeachment motion by the County  Assembly after it failed to meet the two- thirds constitutional threshold.

Out of the 34 members of the County Assembly who turned up for the exercise, 18 voted against the impeachment motion while 16  supported the ouster bid.

“The defeat of the motion means the same matter will come  before the House after some months,” Assembly Speaker Enock Okero said after declaring the results.

Those who supported the motion among them  Deputy Speaker Thaddeus Nyabaro, the Deputy Leader of Majority Duke Masira and the Deputy Minority LeaderMiinda Riechi accused their colleagues of being compromised by the governor to have the motion defeated.

The mover of the motion Josiah Mangera said:  “Those who have voted against this motion could one day be  judged harshly  by the history of our county. It’s unfortunate that the oppossers  voted with their stomachs  instead of their brains.”

The opposing group which was led by Nyambega Gisesa, Joel Ombongi, Abel Mokaya  and George Abuga dismissed the allegations against the governor arguing that they were based on hearsay.

“Our colleagues are just  acting on hearsay and if anything members of the County Assembly should be held responsible over the underdevelopment in the county but not the governor,” Ombongi told the house.

Before the debate and voting of the motion,  Nyaribo appeared  before the  Whole House   committee of the County Assembly to defend himself over the 12 allegations surrounding his impeachment.

Nyaribo, who was represented by advocates  Erustus Orina, Jacob Awele and Julius Anyoka dismissed the allegations arguing that they  did not meet the required standards and the constitutional requirement to have the governor impeached.

Awele, who was the leading advocate, said the impeachment motion was based on the Auditor General report and matters which are still pending in court.

“Eighty percent of the allegations and accusations are drawn from the Auditor Generals report while 20 percent  are court matters which have already been determined or are in progress, “Awale added.

“The auditor general  audit queries  which they are relying and basing on their motion have not been discussed by either the senate or the county Assembly to warrant them table a motion to have him impeached “Awele told the house  which was chaired the speaker Mr.Enock Okero.

“Majority of the allegations are not directing pointing the governor or his office as alleged by the members he added.

While presenting their defense ,the members of the house severally interrupted the business  on grounds that the responses tabled had not attached with the annexure quoted in their defense .

In the allegation of illegal recruitment of county staff ,advocate Orina said that the petitioner had not demonstrated how the governor usurped powers of institutions responsible for the recruitment of the county staff ,therefore terming them as not correct .

“The functions of the county governor are well spelt in section 30 of the county government Act 2012.Its not the work of the governor to process the secondment of any officer. Once the county executive requests the CPSB for secondment of any officer ,it’s the work of the CPSB to process the secondment but not the governor “Orina added.

In disobedience of court orders ,the lawyers submitted that governor was a law binding citizen and has not disobeyed any court order and the move of the motion had failed to disclose that law does not give the governor power to revoke any appointment in public service.