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The Senate is set to commence the process of either upholding or dismissing the impeachment of Nyamira Governor Amos Nyaribo.
This will be the sixth impeachment Motion before the current Senate. The House has saved Isiolo Governor Abdi Hassan, his Kericho counterpart Erick Mutai, and Deputy Governor William Oduol (Siaya). But Governor Kawira Mwangaza of Meru and Kisii DG Robert Monda did not survive.
Speaker Amason Kingi has convened a sitting to hear the charges the County Assembly of Nyamira has brought against Nyaribo for determination.
Nyaribo was impeached after 23 MCAs supported the Motion moved by Bonyamatuta Ward Rep Julius Matwere over accusations of gross violation of the Constitution and abuse of office.
Elias Mutuma will be leading the Nyaribo defence team, which hopes to ride on preliminary objections in a bid to convince the Senate to dismiss the Motion, arguing that it did not meet a constitutional threshold.
Nyaribo claims that although assembly comprises 35 members, the official record confirms that only 19 were physically present in the chamber on November 25.
“The assembly recorded 23 votes in favour of the Motion despite them being 19 at the time. This numerical impossibility demonstrates that improper and fraudulent voting occurred, constituting a fundamental violation of the Standing Orders and the Constitution,” reads part of Nyaribo’s preliminary objections documents.
Voting by proxy
The Governor further argues that four members voted through proxy and that no authority was granted by any member to vote on their behalf.
“The act of proxy voting is expressly prohibited contravening Standing Order 67 and the principles of representative democracy and the unauthorised casting of votes in the names of absent members without their authority constitutes fraudulent misrepresentation, forgery, and impersonation, further vitiating the entire process,” says his defence.
He is requesting the Senate to recommend criminal investigations into fraudulent misrepresentation, forgery, and impersonation.
Article 181 of the Constitution states that a governor can be removed from office due to significant violations of the Constitution or national laws, strong belief they have committed a crime under national or international law, abuse of office or serious misconduct and inability to perform duties due to physical or mental incapacity.
Nyaribo is accused of having deliberately engaged, endorsed and supported an unlawful, illegal and unconstitutional Bunge Mashinani gazetted by Enock Okero vide Kenya Gazette Notice No.14229 of 2024 dated the 29th of October 2024 despite knowledge of the fact that Okero had been removed from office of Speaker by way of impeachment.
He is also accused of recruiting staff without an approved budget.
“On March 9, 2023 the County Public Service Board advertised for 358 vacancies despite lack of approved budget for recruitment, a recruitment freezes by the county assembly, and disregard for Ethics And Anti-Corruption Commission advisories. This recruitment, projected to add Sh325 million annually, proceeded without any budgetary allocation or approval,” read the charges.
Since devolution, Martin Wambora (Embu), Mike Sonko (Nairobi) and Ferdinand Waititu (Kiambu) and Mohammed Abdi (Wajir) have been kicked out of office after majority Senators voted to uphold their impeachment by their respective county assemblies.
Wambora, who was the first Governor to face the impeachment process in 2014, was twice kicked out by the county assembly, with the Senate upholding the second vote. However, he was saved by the Court of Appeal in 2015 and went ahead to complete his first term and even got re-elected for the final term.
Likewise, the Senate upheld the impeachment of Abdi in April 2021 with his Deputy Ahmed Muktar being sworn in the following month only for the court to reinstate him into office a few months to the 2022 elections.
Saved on the floor
Paul Chepkwony (Kericho), Mwangi wa Iria (Murang’a), Nderitu Gachagua (Nyeri), Anne Waiguru (Kirinyaga), Mohammed Abdi (Wajir) and Granton Samboja (Taita Taveta) have also faced impeachment proceedings.
Chepkwony survived in 2014 after an 11-member Special Senate Committee selected to listen to the accusations made against him cleared him of all the charges.
Former governors Wa Iria, the late Gachagua and Samboja also survived the impeachment attempts in 2015, 2016 and 2019 respectively.
Waiguru, who is currently serving her final term in office, had been impeached by the county assembly in 2020, but the Senate cleared her after which she went ahead to be re-elected in the 2022 General Election.
