Some Members County Assembly in Kirinyaga County spent their night at the Assembly as they prepared to debate an impeachment motion against Governor Anne Waiguru.
The MCAs, who claim to be the majority, trooped to the County Assembly premises on Monday night as they sharpened their tools to tackle the ouster motion against Waiguru.
There was confusion at the Assembly this morning as the pro-Waiguru group insisted that there is a valid court order stopping the impeachment while her opponents insisted that the orders had elapsed as the matter was not prosecuted.
“We are determined to play our role as the representatives of the people. We do not want undue influence from outsiders that is why we decided that we will spend our night here. We have even switched off our mobile phones,” said one of the MCAs who spoke to The Standard near the assembly.
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The pro-impeachment MCAs said they have the support of 24 out of 33 members of the county assembly.
There was confusion at the assembly as the order paper for the business to be transacted today had not been circulated.
The MCAs who want Waiguru out are accusing her of gross violation of the Constitution, abuse of office and gross misconduct.
Mutira MCA David Kinyua filed the motion of impeachment in April as the governor dismissed the allegations and exuded hope that her ouster will fail.
Kinyua accuses Waiguru of gross violation of the Constitution by failing to deliver the annual State of the County address to the County Assembly.
“The governor has deliberately refused, failed and/or neglected to deliver the same for the financial year 2018- 2019 which failure amounts to a gross violation of the Constitution and the County Government Act,” said Kinyua.
But according to Waiguru, there is no requirement for such an address to be at the County Assembly.
“Such an address was given to the County Assembly in the first year in November 2018 and a similar one at the Kerugoya Hospital after the health crisis, on September 12, 2019, and the Assembly was duly notified,” she said.
The governor is also accused of using her office to improperly confer a benefit to herself when she was irregularly paid for travel allowances by way of imprests amounting to Sh10.6 million yet she did not travel. The amount was paid to her personal Account in the name of Anne Mumbi Waiguru held at Equity Bank.
In her response, Waiguru says a casual check of the county government would not indicate that there such imprests existing. That they were surrendered in the normal manner required by the public service regulations.
Another was on the Kirinyaga Investment Development Authority (KIDA), which was established by the County Assembly.
Whereas the County Public Service Board had directed that KIDA board members should not be paid until their salaries have been approved by the Salaries and Remuneration Commission (SRC) circular, Kinyua claimed Waiguru did not take the said recommendation and has continued to have the Board of KIDA paid outside the IFMIS and County Government Payroll.
The governor was also accused of violating Section 46 of the Public Procurement and disposal of Assets Act 2015 by usurping the powers of the accounting officer in establishing an irregular tender evaluation committee, composed of the governors’ partisan staff namely Pauline Kamau and Gichira Wayne.
“The two directly take instructions from the governor and conveniently alternate as chairpersons of all major tender evaluation committees contrary to Article73(1)(b) of the Constitution so as to act as a conduit to award tenders to the governor’s preferred bidders,” Kinyua told the House.
The MCA added that the governor’s said actions of interfering with the constitution of the tender evaluation committees is meant to compromise the integrity of the tendering process and the same is driven by nepotism, favouritism, improper and ulterior motives, and for corrupt purposes in complete disregard of the provisions of Article 73(2) (b) and Article 73(2)(c).