Nyeri MCAs: Our case against Governor Nderitu Gachagua is solid

Nyeri County Executives led by the Governor Nderitu Gachagua (left) arrive at Parliament Buildings where they appeared before the Senate. Nyeri MCAs have defended their decision to impeach Governor Nderitu Gachagua. (PHOTO: MOSES OMUSULA/ STANDARD)

Nyeri MCAs have defended their decision to impeach Governor Nderitu Gachagua.

In its submission, the county assembly asked senators to protect devolution and Nyeri residents by upholding the impeachment.

The assembly concentrated its case against Mr Gachagua on three charges - gross violation of the Constitution, County Government Act, Public Finance Management Act and Public Procurement and Disposal Act, abuse of office and gross misconduct and failure to comply with the law - to argue its case.

"The people of Nyeri are looking at this House to find them justice and the only remedy you can give them is to allow the removal of one James Nderitu Gachagua from office. To them, the governorship of Gachagua is no longer tenable," said the county assembly's lawyer, Charles Njenga.

But Gachagua, who will defend himself today, said the MCAs' bid to remove him was driven by external political forces. In his opening statement, the county chief claimed that his political woes were hatched by external forces, particularly singling out former Mathira MP Ephraim Maina, whom he claimed had hosted the county legislators in planning the impeachment.

He maintained his innocence, entering a plea of not guilty to each of the charges read to him by Senate Clerk Jeremiah Nyegenye.

Through Mr Njenga and George Ng'ang'a, the assembly told the Senate that the embattled governor must not be given more latitude to run down the county government, even if there were only a few months remaining to the next General Election.

They urged the House to dismiss the defence he may put up that he was not personally liable for the irregularities and illegalities raised in the impeachment, saying he must be held personally responsible for the failures of the county executive as the county's CEO.

"The Court of Appeal has already addressed itself to this kind of defence in its ruling against (Embu Governor Martin Wambora). I am sure you will hear the 'it wasn't me defence' often in these impeachment proceedings, but the Senate must reject it," Mr Ng'ang'a said.

"The governor must be held to account for dereliction of duties as governor. The charges against him are gross, grave and weighty," he added.

The lawyers argued that Gachagua had deliberately failed to account for Sh352,976,913 in the annual budget implementation status report for 2015-2016. Gachagua was also taken to task for failing to spend resources sent to the county government prudently.

Under the abuse of office charges, the county assembly faulted Gachagua for appointing several officers under the executive in an acting capacity, with some holding the portfolios for as long as one year and four months.

Notably, Ng'ang'a told the senators that all the county chief officers and three of the 10 executives in Nyeri were serving in an acting capacity.

"It is the sole responsibility of the governor to make the substantive appointments but he has failed to do it, not for one officer but many others," Ng'ang'a said, adding that Alice Wachira, the County Public Service Board chairperson, also serves in an acting capacity.