Kawira to be tried before full Senate over seven charges

The Senate plenary will now settle the fate of embattled Meru Governor Kawira Mwangaza’s impeachment fate even as her charges were laid bare.

Yesterday, the debate took a political dimension with Kenya Kwanza lawmakers rooting for the plenary while Azimio supported the establishment of an 11-member special committee to hear and determine the charges against the Governor.

This is after Senate Minority Whip Ledama Ole Kina (Narok) proposed Boni Khalwale (Kakamega), Jackson Mandagor (Uasin Gishu), Abdul Haji (Garissa), Enock Wambua (Kitui), Okiya Omtatah (Busia), Ali Roba (Mandera), Karungo wa Thang’wa (Kiambu), Peris Tobiko (nominated), Crystal Asige (Nominated), Esther Okenyuri (Nominated) and Shakila Abdalla (Nominated) to form the 11-member special committee.

While moving the motion on the establishment of an 11-member Special committee to probe the Governor, Ole Kina said the allegations against the governor could only be thoroughly dealt with by a committee.
“The committee will go through all the documents and invite the Controller of Budget where the substance of allegations of misappropriation can be looked at deeply,” said Ole Kina.

In rallying his colleagues to back the committee way, Ole Kina said that the members of the committee will have an opportunity to analyse the charges levelled against Kawira.

“Even though this is a political process, whenever we sit, we have the same powers of the High Court. I want to persuade this House to consider giving these 11 members an opportunity to hear the charges against the governor,” said Ole Kina.

Nairobi Senator Edwin Sifuna while seconding the motion, said that the committee way is the best way when it comes to the impeachment of a governor, adding that the threshold for the impeachment of a governor has been set in the law.

“It is the responsibility of the House to find out whether the facts and evidence that threshold has been met. It is close to impossible in an interrogation happening in plenary on the facts and the law on the allegations that the threshold has been met,” said Sifuna.

He went on: “The impeachment of a governor is placed on the responsibility of all the 67 senators. One unique way about committee is that our nominated colleagues get to have a say in a matter such as impeachment of a governor.”

Senate Majority Leader Aaron Cheruiyot opposed the establishment of the committee saying that no method is better than the other, adding that both processes are fair, sound, have a good legal basis and deliver the best results for the specific county.

“It is my proposal that we go the plenary way so that we listen, sit here calmly to understand what is the issue with Meru. We need a clean-up of our laws. There is no procedure of directly going to the committee. For it to go to the plenary, you must first reject the committee,” said Cheruiyot.

Joe Nyutu (Murang’a) in his opposition to the committee’s establishment charged that the majority side had recycled the same members as the membership of the committee that sat in Kawira’s first impeachment proceedings in December.

“This is the second time this governor is being brought here. It is only a fool who does the same thing, the same way and expect different results. It would only be fair if this time round we go the plenary way,” said Nyutu.

This even as seven charges were brought up against Kawira as Senate begins her trial process.
In his communication to the House, Senate Speaker Amason Kingi read out the charges against Kawira by the Meru Ward representatives, setting the stage for a 10-day trial process.

“I wish to report to the Senate that I have received a message from Meru County Assembly and, pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, for the removal from office, by way of impeachment, of Kawira Mwangaza, the Governor of Meru County,” said Kingi.

Kawira has been accused of misappropriation and misuse of county resources, nepotism and related unethical practices, bullying, vilification and demeaning other leaders, illegal appointments and usurpation of statutory powers, Contempt of Court, illegally naming a public road after husband and Contempt of the Assembly.

In particular, the Members of the County Assembly claim that Kawira embezzled county funds through the Governor’s relatives, withdrew county funds through false claims of payment for supplies and services rendered by the Governor’s relatives, despite being ineligible to tender for or supply goods to the county government.

In addition, the MCAs alleged that the embattled County Chief paid ‘‘full salaries and benefits’’ for over a year to four high-ranking County officials, despite not rendering any services to the County and diverted and misused County resources.