Kawira Mwangaza's woes reignite power games between MCAs, governors

Governors, on their part, have over the years pointed an accusing finger at the MCAs accusing them of witch-hunting, blackmail and staging an onslaught against governors they see as not receptive towards their demands.

Kawira's case is no exception; she has in the recent past been quoted accusing the MCAs of intimidation in revenue sharing between the executive and the county assembly shortly after a plot to impeach her was mooted. Mwangaza said the MCAs have been blackmailing her to give them Ward Fund without following the law.

"I will not be intimidated to be a thief. I'm content with my salary and everyone else should be contented with theirs too. I'm not ready to pocket any single shilling belonging to the people of Meru," she said.

But MCAs countered, claiming she was rude and disrespectful and thus unfit to hold office. Their grounds to oust the county boss, however, gained impetus after they accused her of gross misconduct, nepotism, illegal appointments, unlawful dismissals, misleading campaigns against other leaders, and gross violation of the Constitution. Mwangaza's Kirinyaga counterpart Waiguru is also no stranger to the impeachment sword that nearly snuffed the life out of her governorship. Waiguru had in June 2020 been at the center of a storm after MCAs resolves to kick her out citing gross violation of the Constitution, misuse of public office, flouting tender and procurement laws amongst other charges.

The Senate would, however, give her a lifeline by overturning her ouster but even then she went for the jugular of MCAs accusing them of having no genuine case against her and being guided by malice and personal interests. She had escaped a fate that her Kiambu counterpart Waititu could not- the Senate had upheld that he was guilty of violating the Constitution, corruption and violating national laws.

And when it was Sonko's turn on the hot seat towards the tail end of the same year, he too could not shake of the outcome of what had been a tumultuous relationship between him and the city ward reps. The "king of bling" found himself shackled by allegations of gross violation of the law; committing a crime under national and international laws, and lacking the capability to run the county before being dropped off at the Senate's doorstep for judgment.

His most serious crime being crippling operations of Nairobi Metropolitan Service (NMS) and the county executive by failing to assent to a Sh37.4 billion budget and the subsequent refusal to release funds for county operations. In his defence, Sonko accused the MCAs of being puppets serving faceless masters that wanted him gone.

Waititu has now waded into impeachment issues faulting the manner in which they are conducted. He accused MCAs countrywide of weaponizing impeachment motions contrary to what the constitution envisaged.

"What is happening in Meru exposes the loopholes in our Constitution. The law should be changed to ensure that it is the electorate that decides on whether a governor should be impeached or not as opposed to MCAs who are in most cases advancing their own agendas," said Waititu.

In the case of Mwangaza, he felt she was unfairly being hounded of office.

"As a governor woe unto you if you do not do what the MCAs want. I pity governor Kawira because she has not yet even settled into office or appropriated any county funds, but is accused of gross misconduct," adds Waititu.

Lawyer Ndegwa Njiru, who has been involved in all high-profile impeachment cases where he has represented both MCAs and governors, also agreed that the impeachment process has been weaponized.

"Most definitely. The impeachment process has been turned into a political weapon," said Njiru without elaborating further.

Njiru represented MCAs against Mike Sonko and also backed MCAs against Waiguru. He, however, defended Waititu and former Embu Governor Martin Wambora when he faced impeachment.

County Assemblies Forum Secretary General Chege Mwaura, however, defended the MCAs saying they have been and are acting within their right when it comes to the impeachment processes.