Kawira in Senate for another date with her destiny

Embattled Meru governor Kawira Mwangaza returns to the senate for the third time today to fight her impeachment by MCAs over alleged corruption, abuse of office and incompetence.

Senators are expected to sit today and tomorrow to hear the case against KMwangazaafter they shot down an attempt to have a select committee determine her fate.

The governor and the MCAs had until yesterday to submit their responses to the matter ahead of today’s session in line with Senate Speaker Amason Kingi’s directions last week.

Mwangaza is accused of illegally revoking the appointment of Virginia Miriti as Secretary of the Meru County Public Service Board, without a vote of not less than 75 per cent of all the members of the County Assembly and in the usurpation of the powers of the County Assembly contrary to sections 58(4) & (5) and 59A of the County Governments Act.

Invitation to appear

Said Kingi: “The clerk is to invite you to appear to the parties on Wednesday 13, the parties are to file the responses by Saturday 17 of August 2024 at 5 PM. The clerk is to circulate the documents received by the parties including the plenary hearing by close of business Sunday at five PM. The Senate shall investigate the matter in plenary on Monday the 19th of August and on Tuesday the 20th of August 2024.

The decision of the speaker came after senators from both sides of the house ganged up and shot down a motion brought by Majority whip and Kakamega Senator Boni Khalwale that had proposed 11 senators to investigate her removal from office and table a report to the house for either adoption or rejection.

In the motion, Khalwale had proposed that the Special Committee comprises Hillary Sigei (Bomet), Abdul Haj (Garrissa), Wahome Wamatinga (Nyeri), David Wafula (Bungoma),  Gloria Orwoba (Nominated), Karen Nyamu (Nominated),  Boy Issa Juma (Kwale), Eddy Oketch (Migiori), Shakilla Abdalla (Nominated), Betty Montet (Nominated), MP and Beatrice Akinyi (Nominated).

Said Khalwale: “ Now therefore under section 33(3) (b) of the County Governments Act and Standing Order 80(1) (b), the Senate resolves to establish a special committee to investigate the proposed removal from office of the Governor of Meru County and according to standing order 80 (2), to report to the Senate, within ten (10) days of its appointment, on whether or not it finds the particulars of the allegations against the Governor to have been substantiated.”

He added: “This is the fifth time the senate is being called to perform its duties. I want to ask colleagues to reflect on this motion, whether we shall be doing the very best of what is expected of us if we allow a special committee to inform us or if we go the plenary way. “

Third-time appearance

But senators opposed the move saying that Mwangaza’s removal which is happening for the third time in two years is special and requires to be canvassed in the open so that Kenyans can be informed on the ongoing in the county.

Interestingly, five senators including Sigei, Montet, Wamatinga, Nyamu and Oketch who had been proposed in the select committee opposed the formation of a committee and supported the calls to have the matter dealt with in plenary.

Makueni senator Daniel Maanzo said that for justice to prevail, the impeachment proceedings should be heard by the entire plenary.

He said: “I had an opportunity to participate in a select committee and also in plenary, in my assessment as a legislator who has been in the house, it is better to have plenary experience on this matter, For the interests of justice and for the country to follow proceedings clearly and openly and to ensure that everyone finds out that senate has done justice. I propose that we go the plenary way.”

Laikipia Senator John Kinyua supported the proceedings to be done in the plenary to ensure that justice is attained.

Plenary path

Narok senator Ledama ole Kina supported the plenary way saying this will allow the country to observe and see what is ailing the country.

He said: “I support that this motion is brought to the plenary. If we reduce this to committee, it will be done clandestinely. I think it’s best we do this in plenary so that the entire country and the world will be able to observe what is going.

‘I have received 300 shillings in one shilling, one shilling from the people of Meru. My message to them is that when I sit here, I deal with matters brought before the Senate. The County assembly impeaches the governor, the senate sits as the jury.”

Tana River senator Danson Mungatana said that the plenary way is the best way to go, if the events of the impeachment motion against former Agriculture Cabinet Secretary Mithika Linturi are to go by as he was saved by the committee against the wishes of many members.

He said: “I support the idea that the plenary should sit on this matter to decide on behalf of Kenyans. This motion is so crucial that we cannot afford to let it go to a committee. I am speaking like this because there was a similar motion in the National Assembly to impeach the CS and the mood at that time was that the CS was to go but a select committee came and said the CS must stay against the wishes of the majority. It’s too unwise to leave it to the committee, let us go the plenary way. It is the county assembly that impeaches, the senate just sits as a jury.”

Kitui Senator Enoch Wambua and his Embu counterpart Alexander Mundigi said that the plenary should be able to hear the matter as opposed to the committee.

Isiolo senator Fatuma Shu Dullo said that the Meru issue is a very serious matter that needs to be addressed by the entire Senate.

She said: “I oppose the motion simply because I believe that having been around for some time, I have experience in both committee and plenary way.

This Meru matter is very serious, it’s a matter that is affecting seriously Meru people, we must look at it critically, I believe if we go plenary way, Meru county will be able to see what is happening, if it goes committee way sometimes may not even watch to see what happens.”

But Nairobi senator Edwin Sifuna and Vihiga Senator Godfrey Osotsi opposed the matter to being heard the plenary way saying the committee way would be more thorough

Said Sifuna: “The Senate is in recess, it is not fair to drag the entire Senate to sit here and those of us who will sit here will be very few. I have faith in the 11 members as they will be able to execute this role well.”

Osotsi proposed that the committee be allowed to sit because it will be able to explore different ways of dealing with the Meru issue including dissolving Meru County, something that the plenary cannot happen.

He said: “I fully agree with the members that we go the plenary way but we know very well the outcome of a committee with a report, a committee we go beyond not to send home or not. This issue of Meru is a serious one that requires serious thinking, it does not require making a decision and then later we are told we deal with the same situation. There may be a situation where we need to think whether we should suspend this county and send everyone home.”

 “Our standing orders are limited so that the plenary cannot produce a report and