CORD stands its ground to save embattled Bernard Kiala

Machakos Deputy Governor Bernard Kiala

NAIROBI, KENYA: Machakos Deputy Governor Bernard Kiala survived an impeachment Motion on Friday night in a heated debate which saw Senate Speaker Ekwe Ethuro review his decision to postpone vote.

Senate Majority Whip Beatrice Elachi sought the postponement of the vote when the debate on the report of the Mutahi Kagwe-led special committee on the proposed removal of Kiala ended.

Before the division, most of the Senators who had passionately supported the motion walked out, leaving 23 of their colleagues in the chamber. Elachi called for postponement of the vote on the account of Senate’s past practice of ensuring at least 24 Senators participate in a vote of a matter affecting counties.

Senators opposed to the postponement led by Otieno Kajwang, Hassan Omar, Anyang Nyong’o, Wilfred Machange, Daisy Kanainza, Chris Obure, Mutula Kilonzo Junior and Minority Leader Moses Wetang’ula demanded a vote, with Nyong’o saying they had walked out “with malice aforethought.”

Ethuro ruled that although quorum of 15 members had been met, the vote could not be taken until there were 24 voting delegations across the counties.

“On this one, I am a little bit determined Senators. I am a little bit determined to enforce Senate traditions and past practice. We have done this before many times. The vote will be taken another day, even tomorrow if you want (Saturday),” the Speaker ruled. The Senators demanding the vote however dung on and said Senate’s Standing Orders and other laws ought to take precedence over traditions. Wetang’ula told the Senate that he had spent Sh800,000 to hire a chopper to ferry him from Bungoma to Nairobi for the vote. Kajwang said he had postponed his overseas trip to participate in the vote while Nyong’o said he had planned to go to Kisumu to see his ailing mother. “Mr Speaker, I am proposing that rather than go through the rigors of gazetting another day, you extend today’s sittings to tomorrow morning (Saturday) so that we can take the vote,” Senator Kipchumba Murkomen suggested to the Speaker.

In the end, Ethuro gave in and rescinded his decision. He said he did so to show to Kenyans that the Senate is a House of reason which consults and accommodates diverging views. He ordered the division bell to be rang for one hour to allow MPs who had walked out to come back and take the vote.

When the vote was taken, Senators opposed to the impeachment won by 17 to 5 on the first charge of alleged abuse of office and 17 to 6 on alleged violation of National Cohesion and Integration Act. Of the 24 charges leveled against Kiala by the County Assembly of Machakos, the Kagwe committee only substantiated two. Earlier in the day, Omar had set the tempo for the eventual rejection of the committee report when he tabled a dissenting report in which he alleged he’d busted a “coordinated and premeditated scheme” by the county government and county assembly to witch-hunt Kiala.

“The Senate having rejected the Report in actual effect makes the minority position the position of the Senate,” Senator Omar said Saturday.