Senate Speaker Ken Lusaka has convened a special sitting to consider an impeachment motion against besieged Kiambu Governor Ferdinand Waititu next Tuesday.
Senators will also consider a request for the extension of the tenure of the Ad Hoc committee on the multi-billion Managed Equipment Services (MES) to counties by the government.
However, the gazette notice dated January 10 raises legal concerns, as Section 33 of the County Governments’ Act clearly gives guidelines on the timelines to consider an impeachment motion by the Senate.
The special sitting slated for January 21 will be outside the ten days provided for in law to consider the motion.
“Upon receipt of a letter from the Kiambu County Assembly Speaker Stephen Ndicho dated December 20 and received on December 23, 2019, on the approval of motion for the removal from office of governor by impeachment, the Senate will be hearing the charges against the governor,” stated Lusaka.
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The impeachment process requires that Senate considers the matter a week after receiving correspondence from a county assembly.
As per the law, seven days from the day the speaker receives the notice of the resolution to impeach the governor from the county assembly speaker, the House sits and appoints a special committee to consider the charges.
The 11-member special committee of the Senate, comprising six members from the majority side and five from the minority are tasked to probe the matter and table a report within ten days.
Lusaka said the special sitting was convened after Majority Leader Kipchumba Murkomen (Elgeyo/Marakwet) got the consent of 15 senators.
“If a majority of the senators vote to uphold the impeachment charge, the governor ceases to hold office. If the senators vote to reject, the speaker should notify his county assembly counterpart of the verdict,” says the Act.