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Presiding High Court Judge no-show at James Nyoro's swearing-in

30, Jan 2020

In a lightning move, the Speaker of the Senate Kenneth Lusaka last night gazetted the impeachment and removal from office of Kiambu Governor Ferdinand Waititu Babayao hours after the House passed a motion to that effect. The gazetting also cleared the way for another equally swift move — the swearing-in of Kiambu Deputy Governor James Nyoro. High Court Judge John Onyiego is expected to swear in Mr Nyoro as the third Kiambu governor anytime from now. According to the gazette notice,  the Senate found Waititu guilty of: Gross violation of the Constitution of Kenya, the County Government Act, the Public Finance Management Act and the Public Procurement and Disposal Act. Crimes under the National law Abuse of Office/Gross Misconduct. According to lawyers we spoke to, the governor can seek the reversal of the impeachment all the way to the Supreme Court.   Embu Governor Martin Wambora, who was impeached in a similar fashion, was shielded by court orders. The Senate’s impeachment of Mr Wambora was overturned by the Court of Appeal that ruled there was no clear evidence that the governor acted in gross violation of the Constitution. How Babayao went home The two-day trial and eventual impeachment of Waititu was a double blow for the governor who was barred from accessing his office following a court order in a corruption case. Pro-handshake senators ganged up to uphold all the three charges tabled against him. This, is as the differences between the warring Jubilee factions of Kieleweke  (pro-President Uhuru Kenyatta and Tanga Tanga (associated with Deputy President William Ruto) played out their differences on the floor of the House.   The Tanga group spiritedly tried to save Waititu from sinking into political ruin, arguing that the Kiambu  County Assembly did not a two-thirds majority to constitute quorum ahead of the impeachment. They accused their colleagues of playing to a political gallery and that Governor Waititu was being impeached because of his political stand. In the first charge of violating the Constitution, 27 senators voted to impeach the governor while 12 voted to rescue him; in the second charge of violating national laws, 28 against 11 voted for the ouster and in the third charge of abuse of office it was 28 verses 11. At the end of the day, 28 senators voted to end Waititu’s 27-month long reign as the governor of the largest county by population. How they voted according to the Hansard For Impeachment Reubenson Kibiru - Kirinyaga Adan Fatuma – Isiolo Mutula Kilonzo – Makueni Kimani Wamatangi – Kiambu  Ephraim Maina – Nyeri Ibrahim Ali – Wajir Yusuf Haji – Garissa Boy Issa Juma – Kwale  Mwadzayo Mwachirifu – Kilifi Cleopas Malala – Kakamega Okong’o Mogeni – Nyamira Gideon Moi - Baringo Boniface Mutinda – Machakos  Mwashushe Mwaruma – Taita Mwinyi Faki – Mombasa  Moses Kajwang’ - Homa Bay Njeru Ndwiga – Embu Ledama Olekina – Narok Samson Ongeri – Kisii James Orengo – Siaya  Samuel Poghisio - West Pokot Johnson Sakaja - Nairobi  Margaret Jepkoech- Uasin Gishu Amos Wako- Busia  Enock Wambua - Kitui George Khaniri -Vihiga Against Samson Cherargei – Nandi Aaron Cheruiyot – Kericho Hargura Godana – Marsabit Susan Kihika – Nakuru Andrew Langat – Bomet Mithika Linturi – Meru Anwar Loitiptip – Lamu Kipchumba Murkomen - Elgeyo Marakwet Kinyua Nderitu – Laikipia Mary Yone – Nominated Moses Wetang’ula – Bungoma Those who did not vote Isaac Mwaura – Nominated Beth Mugo – Nominated Halakhe Abshiro – Nominated Rose Nyamunga – Nominated Gertrude Musuruve - Nominated

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