Isiolo Governor Abdi Guyo is banking on a successful preliminary objection previously used by Kericho Governor Eric Mutai, who was saved by the Senate on a technicality after impeachment, to avoid becoming the second county boss removed from office since 2022.
In his preliminary objection, Governor Guyo is relying on the Senate’s decision to terminate Governor Mutai’s impeachment proceedings after the county assembly failed to meet the constitutional two-thirds threshold required to impeach a governor.
As part of his defense before the Senate ahead of his two-day impeachment hearing starting today (Tuesday), the former Nairobi County Assembly Majority Leader is confident that the precedent set in Mutai’s case, one he argues mirrors his own, will tilt the scales in his favor during what could be a make-or-break week.
Another legal loophole the governor hopes to exploit is a court order that declared his impeachment null and void.
Governor Guyo had sued the Isiolo County Assembly challenging his proposed removal from office on the basis of procedural flaws and a violation of his right to a fair hearing.
Despite the court order restraining the assembly from debating the impeachment motion pending the hearing and determination of the case, the county assembly proceeded with the impeachment.
Governor Guyo’s legal team is now challenging the proceedings arguing that the court had already nullified the resolution to impeach him.
“Once an act is declared null and void, it is of no legal consequence. It is thus upon the Senate once informed of the orders herein, to determine if it will proceed with the resolution, thereby abetting a blatant disregard of the rule of law—or respect the orders,” said the court.
Isiolo Governor Abdi Guyo.
Photo credit: File | Nation Media Group
Mr Guyo who is serving his first term will face the Senate on Tuesday and Wednesday with the latter day expected to be decisive.
This development follows last week's rejection by senators of a proposal to establish an 11-member special committee to investigate the charges against the governor. Instead, the Senate opted for a plenary session route.
Senate Speaker Amason Kingi subsequently gazetted the two days to consider the resolution passed by the Isiolo County Assembly to remove Governor Guyo from office.
The governor is accused of gross misconduct, abuse of office and gross violation of the Constitution and other laws. Sixteen out of 18 MCAs last month voted to impeach him.
Governor Guyo has enlisted former Law Society of Kenya (LSK) President Eric Theuri and lawyer Elias Mutuma as his lead counsel.
His witness list includes Isiolo County Assembly Clerk Salad Guracha, County Chief Finance Officer Habib Jirma, MCAs Abdinoor Jillo (Kinna Ward) and Diba Abdirashid Ali (Garbatulla), AP officer Shaban Mzungu and Mohamed Yarowshould the case proceed beyond the preliminary stage.
On the other side, the county assembly will appear both in person and through a large legal team that includes Paul Nyamodi, Dr Ekuru Aukot, Boniface Mawira, Eric Muriuki, Alex Mbaya, Patrick Barasa, Jamal Abdikadir, Kennedy Maweu, Paul Wafula and Alvin Kemboi.
Others on the legal team are Brenda Mwangi, Diana Bosire, Kennedy Mugambi, Hussein Kassim Roba, with Derick Kigotho and Marion Aromo serving as legal assistants.
In terms of witnesses, the assembly has lined up four MCAs Abubakar Abdi Godana, Lemantile David, Nicholas Lorot and Peter Loyan as well as Anab Kasim and Abdirahman Mohamed Ibrahim. Mr Loyan and Mr Lemantile actively participated in the initial impeachment proceedings.
Isiolo Governor Abdi Guyo when he appeared before the Senate in Nairobi on November 14, 2024.
Photo credit: Dennis Onsongo | Nation Media Group
“The assembly’s witnesses shall rely on affidavits they have sworn in support of the impeachment motion to meet the requirement for witness statements,” said advocate Mawira.
“Additionally, the witnesses shall rely on the impeachment motion and supporting documents submitted by the assembly during their testimonies in the Senate,” he added.
Should Governor Guyo’s preliminary objection fail, the impeachment hearing will proceed starting with submissions from both sides.
This will be followed by witness examination, cross-examination and questioning by senators. The Senate will then vote on each of the impeachment charges.
All 67 senators will participate in the trial and questioning phase but only the 47 elected senators representing counties will vote on the impeachment.
If at least 24 of the 47 county delegations vote to uphold any of the charges, the governor will be removed from office. However, he has the option to appeal the Senate’s decision in court.
Should the Senate votes to reject all charges, the Speaker of the Senate must notify the Speaker of the Isiolo County Assembly. This is the third attempt to impeach a sitting governor in the current term of Parliament.
So far, the Senate has handled seven impeachment proceedings in the 13th Parliament two by special committee and five by plenary including one involving a Deputy President.
