Nyaribo survives the chop as Senators call for impeachment rules

 

Nyamira Governor Amos Nyaribo survived impeachment through a technicality after a majority of the Senators voted in support of a preliminary objection. Nyaribo joins his Kericho and Isiolo counterparts Erick Mutai and Abdi Guyo, who were also saved on technicalities.

When he appeared before the Senate plenary yesterday, Nyaribo pleaded not guilty to all the charges that led to his impeachment after 23 MCAs supported the Motion moved by Bonyamatuta Ward Rep Julius Matwere. The Governor faced charges of gross violation of the Constitution and abuse of office, with the assembly counsel Katwa Kigen leading the charge.

“I would like to request the Senate to dismiss the preliminary objections raised by Governor Amos Nyaribo’s defence team since the Nyamira County Assembly legal team is going to demonstrate that the threshold was reached in impeaching the Governor,” said Kigen.

Majority Leader Aaron Cheruiyot, who tabled the Motion on whether the House adopts the preliminary objection, said the requisite quorum for Nyamira should have been 24 members for Governor Nyaribo to be considered validly impeached, given that the assembly has 35 MCAs.

“It is well known that in the impeachment of former Nairobi Governor Mike Sonko and former Kiambu Governor Ferdinand Waititu the threshold was not met by Nairobi and Kiambu County Assemblies, but due to political reasons they were kicked out of office,” he said.

The Kericho Senator called for procedures on how county assemblies conduct impeachment proceedings.

But Majority Whip Wafula Wakoli and Nyamira Senator Okongo Omogeni said both parties should be allowed to proceed to the end so that the Senate can verify the truth. Members Samson Cherargei (Nandi) and Boni Khalwale (Kakamega) also wanted the matter to go to full trial.

“The two-thirds threshold in the Senate did not even change when Baringo Senator, the late William Cheptumo, passed away the same way it cannot change because three ward seats in Nyamira County were vacant at the start of this impeachment process,” argued Khalwale.

Omogeni said all sides should be given a chance to present their case. “The moment we receive an impeachment in this House, it is our responsibility to hear the matters raised by both the Governor and County Assembly and make a fair decision based on the evidence brought to the House,” he said.

In making his case, Nyaribo’s lawyer Elias Mutuma illustrated how the assembly failed the simple test.

“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,” he said.

He argued that apart from the numbers not adding up to the constitutional threshold, four assembly 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,” Mutuma told the Senate.

Richard Onyonka of Kisii said issues that have been witnessed in Nyamira need to be addressed. “It should be noted that Nyamira County Assembly had three wards without Members of County Assembly at the start of this process and that if it is established that only 19 MCAs voted instead of 24, then it means that the threshold has not been met and the matter should rest,” he said.

Kitui Senator Enoch Wambua said that the Governor of Nyamira wants justice while the residents of Nyamira are also looking for justice from the Senate and that the House needs to look at the matter raised by both sides critically and make a wise decision.

Makueni Senator Daniel Maanzo said that since the Senate dismissed the impeachment against the Kericho Governor for failing to meet two-thirds, the various county assemblies should learn that they have no business coming to the Senate if they do not meet the requirements.

Kiambu Senator Karungo Thangwa said the Senate should follow the law from the beginning to the end since previously Sonko and Waititu were impeached yet their respective county assemblies did not meet the threshold due to political reasons.

Vihiga Senator Godfrey Osotsi said that the matter should move to full hearing, saying the Motion was about them agreeing to the preliminary objection or not, and that if they proceed to the end and the governor is removed from office, they will face legal challenges.

“I suggest that this Motion should be withdrawn or amended to reflect what most Senators feel should be done so as to ensure that the law is observed to the end,” said Osotsi.

Senate Minority Whip Ledama ole Kina said that the law was very clear since it talked of two-thirds being met and that there was no way the Senate or County Assembly could vote through proxies as is being alleged in the Nyamira matter.

Nominated Senator Catherine Mumma said it was clear that 19 MCAs voted in the County Assembly but it could not be ascertained whether the other four MCAs voted through proxies and that the matter could not be proven at this point.

The advocate said the resolution forwarded to the Senate was a nullity and that the Senate lacks jurisdiction considering that the law contemplates that impeachment proceedings before the Senate can only be triggered by a valid resolution passed in strict compliance with the Constitution and enabling statutes.

Mutuma requested that the Senate be pleased to sustain his preliminary objection and declare that there exists no valid impeachment resolution from the Nyamira County Assembly for Governor Nyaribo since it was clear that the threshold was not met.

The Nyamira Governor wants the Senate to strike out the purported impeachment charges and terminate the impugned impeachment proceedings for being founded on a nullity and make such further or other orders as the Senate may deem just and appropriate in the circumstances.

“The County Assembly of Nyamira, by conducting a vote that was marred by illegality, fraud, and a failure to meet the constitutional threshold, acted in an ultra vires manner. Consequently, the purported resolution forwarded to this Senate is null and void,” said Mutuma.

Tharaka Nithi Senator Mwenda Gataya asked the House to proceed with the matter since some of the charges raised against the Governor were gross and that terminating the charges at this early stage before full hearing would be denying the residents of Nyamira justice.

Lamu Senator Joseph Githuku asked the Senators to support the impeachment going to full hearing so that the House can have a chance to interrogate all the matters raised and establish whether the County Assembly was right to impeach the Governor or not.

Senate Deputy Speaker Kathuri Murungi said that Nyamira County was in ICU and that at one point it had two county assemblies and that there was need to ensure that both the County Executive and County Assembly are able to work for the residents.