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Karua asks Senate to reject Governor Mwangaza’s impeachment

Karua asks Senate to reject Governor Mwangaza’s impeachment
Narc Kenya party leader Martha Karua at a past function. PHOTO/Courtesy

Narc Kenya party leader Martha Karua has criticized the impeachment of Meru Governor Kawira Mwangaza, terming grounds for her ouster as flimsy.

Karua, in an opinion piece published in a local publication on Sunday, claimed that the Members of the Meru County Assembly abused their powers when they voted to impeach the governor.

67 MCAs voted on Wednesday, December 14 to impeach the governor over alleged gross misconduct, abuse of office and gross violation of the Constitution and county laws.

Abogeta West MCA and Minority Whip Dennis Kiogora accused the governor of nepotism, illegal appointments, unlawful dismissals, usurpation of constitutional and statutory functions, incitement, bullying, vilification and misleading campaigns against other leaders.

The embattled county boss was also accused of forced entry into the Meru County Assembly and mobilising unlawful riots against the ward representatives, violation of public finance management laws and misconduct relating to the nomination of CECs.

Karua on Sunday claimed that the MCAs abused their powers to settle political scores, arguing that the proponents of the motion failed to declare their interest in the matter.

​”The generalized grievances are clear evidence of the political tug-of-war and supremacy battle between ​the Assembly and the Governor. The Assembly appears to have used or abused its power to settle scores. This is not only a gross violation of the Constitution but a dangerous and unacceptable move that undermines our democracy,” Karua stated in the Op-ed article published in The Sunday Standard.

She termed as laughable the allegation that the governor forced her way into the county assembly, saying the accusation “reveals a possible breach of the law by the assembly itself, which is irregularly barring or obstructing the governor from accessing the Chamber”.

“Can a president be barred from accessing Parliament by the members? The obvious answer is no and similarly, a governor who is for all intent and purposes the president of the county, cannot be barred or obstructed from accessing the county assembly,” Karua said.

The former Justice and Constitutional Affairs Cabinet Minister suggested that most of the issues cited as grounds for impeachment could have easily been handled through a reprimand or cured by nullification or revocation of such appointments and restarting impugned processes.

“This is what happened when Japhet Koome was named Inspector General without reference to the Police Service Commission. The missteps were quietly corrected and the required procedures were followed. In the case of the Inspector General, was later hired ‘competitively ‘. In other words, his unprocedural hiring was subsequently regularized,” Karua argued.

She said Mwangaza didn’t flout any laws when she appointed her husband Murega Baichu as the patron of the Meru Youth Service, insisting that the position is non-existent.

“The appointment of the First Gentleman of Meru County to an honourary position cannot by any stretch of imagination amount to gross violation of the Constitution…unless of course, the assembly is suggesting a mock competitive recruitment’,” she added even as she urged the governor to seek advisors who are versed on how government runs.

“The assembly members are within their mandate to call out the governor for failing to adhere to procedures and processes. Still, they ought to be aware that not all shortcomings can sustain an impeachment motion.”

The former Azimio la Umoja – One Kenya coalition running mate said the impeachment of Mwangaza is reminiscent of the ouster of former Deputy Chief Justice Nancy Baraza for what she described as an “omission that could otherwise have earned her a reprimand”.

Linking Mwangaza’s ouster to sexism Karua said: “While men in high office are shielded from allegations of high crime and gross misconduct, women are hounded out on flimsy grounds.”

Hearing of Mwangaza’s impeachment

She urged the Senate to “be woke in this matter” ahead of the hearing scheduled for Tuesday next week.

She argued that by upholding Mwangaza’s impeachment, the Senate will allow MCAs to act as both accusers and judges.

“The unspoken gender card protects select high-level males. One hopes that the legal advisers of the Senate and the Senate itself will be woke in this matter and that all donees of people’s power will henceforth remember such power must be used for the common good, not self-gratification,” Karua stated.

The Senate will convene on Tuesday at 2:30 pm to consider the motion to impeach the governor, according to a gazette notice by Senate Speaker Amason Kingi.

“I have appointed Tuesday, December 20, 2022, as a day for the special sitting of the Senate,” the notice read in part.

The sitting follows the official notification of the Speaker by the Meru Assembly on the MCAs’ resolution on the impeachment of the governor.

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