A section of senators is threatening to push for the dissolution of Meru County or have its critical services transferred to the national government should the impeachment circus continue, saying the county is dysfunctional.
The development comes after some senators called for an end to the constant censure motion against Governor Kawira Mwangaza, a move they said would continue to derail service delivery to the Meru people.
The legislators also accused the Judiciary of a “strange ruling” for referring an impeachment motion against Ms Mwangaza to Njuri Ncheke for alternative dispute resolution, terming it an abuse of the Constitution.
Kitui Senator Enoch Wambua stirred the hornet’s nest by calling for Article 187 of the Constitution to be invoked, especially for critical functions and roles in the county government to be transferred to the national government.
While defending his position, the Senate deputy minority leader said the county government is dysfunctional and as such, there is need to consider transfer of especially critical services to another entity, so that the people of Meru can be served.
He also hinted that the county government should be suspended, citing the current circus in the county between the MCAs and Governor Mwangaza, which he said was hampering the delivery of services to the people.
“I know I should not be doing this, but I would like to declare on this Floor that when that matter comes here, we must deal with it, once and for all,” said Mr Wambua.
“If it means the entire assembly and the governor going home, we should do that, so that the people of Meru can also get benefits of devolution. For now, it is a circus between the assembly and the governor, and the people are suffering,” he added.
The move comes after the political wrangling in Meru turned into a vicious circle of conflict with a fifth impeachment motion being tabled against Governor Mwangaza less than two years into office.
This comes after nominated MCA Zipporah Kinya, who doubles up as deputy majority leader, tabled a fresh impeachment motion on July 31, 2024, triggering a fresh process to remove Ms Mwangaza, two days after the governor was granted a reprieve by the courts.
In the new motion, Ms Kinya wants the governor removed from office for gross violation of the Constitution and other laws, gross misconduct and abuse of office.
“Like the Senator for Kitui said, on this particular matter of Meru, this time around, we, as a Senate, have to ensure that the people of Meru get justice. They are not children of a lesser god. We have to do everything we can,” said Nyandarua Senator John Methu.
Nominated Senator Gloria Orwoba added: “In the event that as a Senate, we have a common feeling that the County Government of Meru is not able to actually deliver, we can bring a petition in terms of dissolving that county.”
Article 192 of the Constitution states that the President may suspend a county government in an emergency arising out of internal conflict or war; or in any other exceptional circumstances.
The Article further provides that the suspension can only be made after an independent commission of inquiry has investigated allegations against the county government if the President is satisfied that the allegations are justified and the Senate has authorised the suspension.
During a suspension under this Article, which should not extend beyond 90 days, arrangements shall be made for the performance of the functions of a county government in accordance with an Act of Parliament.
The suspension may at any time be terminated by the Senate and on the expiry of the 90 days, elections for the relevant county government shall be held.
No county government has been suspended since the advent of devolution in 2013, however, former governors of Taita Taveta and Makueni County governments, Granton Samboja and Kivutha Kibwana, toyed with such an idea following incessant wrangles in the devolved units.
On the other hand, Article 187 has been invoked in Nairobi County when Governor Mike Sonko transferred critical county services to the national government in February 2020 before he was later that year impeached by MCAs.
Meru Senator Kathuri Murungi admitted there have been governance issues in Meru County since the 2022 elections, which has been marred by an unending conflict between the governor and MCAs.
He said most recently, the MCAs attempted to impeach the governor who sought reprieve in the High Court at the Meru Law Court.
The court directed the parties to attempt to resolve the matter through ADR mechanisms, facilitated by the Njuri Ncheke, the Supreme Council of Ameru Elders. However, the Council recused themselves from the assignment given by the court.
Judge Linus Kassan had referred the matter to an alternative tribunal until August 20, 2024, when he was due to make a decision on whether to proceed with the impeachment process.
Nonetheless, the senators criticised the direction of the court, saying impeachment is a constitutional matter that should not be referred to ADR as it will amount to a clear affront against constitutional hygiene.
Nandi Senator Samson Cherargei explained that under Article 181 of the Constitution, the removal of a governor is a constitutional matter.
“I am happy that the Njuri Ncheke have recused themselves and written to the High Court to remove themselves from that matter. With all due respect to that High Court Judge, I find it mischievous to refer to matters that should not be entertained under ADR because this is a constitutional matter,” he said.
Senator Methu added that Article 159, which prescribes where traditional dispute resolution mechanisms can be used, does not have a clear process for processing an impeachment Motion.
“It (impeachment) is processed at the county assembly before coming to the Senate; there is no other route. I am happy that members of the Njuri Ncheke have said that they do not have the capacity to look at this matter,” he said.
