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President William Ruto’s Kenya Kwanza lawmakers saved embattled Siaya Deputy Governor William Oduol after a Senate Special committee upheld the impeachment charges levelled against him.

This is after 27 Kenya Kwanza Senators voted against his impeachment on charges one and two, citing that the impeachment threshold was not met.

In his closing remarks before the House, Oduol’s legal counsel Moses Chelang’a called on the Senators to find a way of mediating disputes between the governors and their deputies.

The DG through his lawyer disputed the committee report that found him guilty of gross violation of the constitution and abuse of office and gross misconduct. “There was heavy weather about a chair worth Sh1. 12 million. That particular charge was not substantiated,” said Chelang’a.

Chelanga questioned the integrity of the committee reports, saying that while the Special Committee exonerated the DG of claims of bulldozing county officers to renovate his office, the committee found him liable for interfering with procurement.

The lawyers claimed that the DG is being sacrificed for political reasons and urged the lawmakers to save him.

“We know who wants the head of William Oduol on a platter. This house should vote in the negative for the impeachment of Deputy Governor William Oduol,” he said.

“We should not sacrifice our constitution for political expediency. This should have been a joint impeachment of the Governor and the Deputy Governor. You should have a policy on mediating the issues between the Governor and his deputy,” said Chelang’a.

During the debate on the motion, it took a political prism with those allied to the Kenya Kwanza opposing the motion to save the DG while those allied to opposition chief Raila Odinga supporting the impeachment.

Senators Karungo wa Thang’wa (Kiambu), Samson Cherargei (Nandi), Fatuma Dullo (Isiolo), Alex Mudigi (Embu), John Methu (Nyandarua), Tabitha Mutinda (nominated) and Esther Okenyuri (nominated) dismissed the report arguing that the they cannot sanitise the politics of Siaya at the Senate.

Violated the Constitution

However, Senators Dr Oburu Odinga (Siaya), Enock Wambua (Kitui), Edwin Sifuna (Nairobi), Okong’o Omogeni (Kisii), Catherine Mumma (Nominated) and Beatrice Ogolla (Nominated) urged the House to impeach the DG on grounds that he had grossly violated the Constitution.

This is after the Senate Special committee having investigated the matter in accordance with its mandate under section 33 (4) of the County Government Act found that the charges levelled against him had been substantiated. “That the charge against the Deputy Governor on gross violation of the Constitution and other laws, on the allegation of interference with the procurement process through acts of bid-rigging has been substantiated,” reads part of the report.

“That the charge against deputy governor on abuse of office and gross misconduct on the allegations of misleading the public by giving false information has been substantiated.”

According to the committee, the evidence adduced and presented demonstrated that the deputy governor’s utterances that the County Secretary Joseph Ogutu was forced to resign by the Governor were not true.

Further evidence adduced and presented before the committee on the DG’s utterances that funds allocated towards completion of the Siaya stadium had been re-allocated in the supplementary Budget 1 for the financial year 2022/2023 were not true.

The Elgeyo Marakwet Senator William Kisang led committee said that the evidence adduced before the committee demonstrated that the DG attempted to interfere in the procurement process by instructing the Director of Supply Chain Management to change the tender categorisation on the procurement for the supply and delivery of certified seeds and fertiliser.

“The committee finds that the allegation was proved and was therefore substantiated,” reads part of the report.

However, the committee dismissed allegations that DG bulldozed officers to renovate the office of the Deputy County Governor outside approved budgetary provisions.

“The committee finds that the allegation on misuse of public resources and bullying were not proved and was therefore not substantiated,” reads part of the Special Committee report.

It goes on: “The thrust of the jurisprudence in successive impeachment proceedings before the Senate, which the committee upholds, has been that, it is not every aberration, even if established, that will lead to the impeachment of a governor/deputy governor.

In the course of its investigation, the committee observed number of issues which though outside the specific charges made against DG are crucial in the promotion of the objects and principles of devolution.
The committee recommended that the Ethics and Anti-Corruption committee investigate the procurement of the Deputy Governor’s chair at a cost of Sh1.12million and appropriate action be taken against any person found culpable.