Nyamira County Assembly lawyer Katwa Kigen, and Elias Mutuma, representing Governor Amos Nyaribo.
At least eight advocates and several witnesses have been lined up by Governor Amos Nyaribo and the Nyamira County Assembly in what promises to be a titanic legal battle before the Senate.
The impeachment trial begins Wednesday, even as Governor Nyaribo termed the process as riddled with fraud.
Nyamira County Governor Amos Nyaribo.
The county boss, who is battling to avoid the ignominy of being the second governor removed from office since the 2022 elections, will face the Senate plenary from Wednesday, December 3, to Thursday, December 4, 2025.
The United Progressive Alliance (UPA) party leader has picked experienced lawyer Elias Mutuma to lead his defense.
He will be supported by five advocates—Zelmer Bonuke, Ombui Ratemo, Brianlee Murithi, Erastus Orina, and two legal assistants, Sylvia Njoki and Mitchelle Makandi.
This is the first time Governor Nyaribo is facing the Senate, despite surviving three previous impeachment attempts at the county assembly level.
His tenure has been marred by constant disputes with MCAs and other county leaders.
On the other side, the county assembly has lined up three advocates led by senior counsel Katwa Kigen, a long-time lawyer for President William Ruto, assisted by Mokua Ndubi and Doris Ng’eno, to convince the Senate that the governor should be removed.
Already, the stage is set for an intriguing battle, with three MCAs—Julius Nyangana, Elijah Abere, and Priscilla Nyatichi—who allegedly voted by proxy during the impeachment proceedings last week, denying any participation. The trio has filed a criminal complaint at Nyali Police Station in Mombasa. They are expected to serve as witnesses alongside the governor and Gladys Moraa.
The county legislators have accused those claiming to have authorised absentee voting of forgery and said they will seek legal redress. They also accused County Speaker Thaddeus Nyabaro of misleading the public by claiming they had delegated their voting rights.
Nyamira County Assembly has 35 MCAs, comprising 20 elected ward representatives and the remainder nominated members. At the time of the impeachment vote, three wards—Nyamaiya, Ekerenyo, and Nyansiongo—were vacant, reducing the total to 32.
For a successful impeachment, at least two-thirds of the MCAs (22) must vote in favour. However, only 19 MCAs were physically present, with four reportedly voting by proxy, setting the stage for a battle at the Senate over whether the threshold was met.
Governor Nyaribo was impeached last Tuesday after 23 MCAs voted “yes” and none voted against. The motion was tabled by Bonyamatuta MCA Julius Matwere. The governor now hopes to become the third governor to survive an imminent removal on a technicality, following Isiolo Governor Abdi Guyo and Kericho Governor Erick Mutai.
An MCA speaks at the Nyamira County Assembly on April 22,2021.
Mr Nyaribo faces accusations of gross violation of the Constitution and the County Governments Act, including undermining the principle of separation of powers by enabling an illegal parallel assembly structure, dubbed “Bunge Mashinani”, and recognising a removed Speaker and Clerk as legitimate office holders, contrary to court rulings and Senate resolutions.
On Tuesday, the county boss said the county assembly failed to meet the required threshold, with affidavits from four MCAs denying participation in proxy votes.
“It is clear, and it is not even something to argue about. It is as simple as ABCD. I believe it will end at the Senate because it is simple and straightforward,” he said.
He described the impeachment as politically motivated and hurried ahead of by-elections that could have strengthened his position.
“They hurried it because they knew I was going to gain more MCAs after the three ward by-elections in Nyamira, making it impossible to impeach a governor. No money has been lost; no constitution breached. If those conditions have not occurred, there is no impeachment,” he said.
The governor also defended his involvement with Bunge Mashinani, saying it was conducted under court directives.
“Whenever I acted, I did so under the court's directive. I was not addressing Bunge Mashinani but the Nyamira County Assembly under court directions,” he said.
Governor Nyaribo has assembled a defense team of five advocates and two paralegals to represent him during the Senate hearing.
A letter from Mutuma Gichuru to Senate Speaker Amason Kingi, dated November 27, 2025, confirmed that the governor would appear in person alongside his legal team.
With proxy-voting MCAs filing affidavits to deny participation, it remains to be seen how the Senate will rule on the impeachment, which Nyaribo continues to describe as null and void.
Accusations against the governor
He is accused of altering county fiscal priorities without legislative authority.
Appointing and retaining Peris Oroko as CEC Member despite Assembly's refusal.
Appointing board members for Nyamira and Keroka Municipalities without Assembly vetting.
Unilaterally forming a selection panel to recruit members of the County Public Service Board (CPSB) without Assembly approval.
Exposing the county to financial loss of approximately Sh6.9 million in salary arrears.
Recruiting 358 staff without budgetary provision, adding Sh325 million annually to the wage bill.
Ignoring formal Assembly resolutions freezing recruitment.
Influencing irregular appointments and transfers of senior human resource officials.
Engaging in personal enrichment, including irregular salary arrears (Sh5.6 million), housing compensation (Sh13 million), and double medical claims.
Allowing payroll irregularities, including overpayments to ECDE teachers exceeding Sh25 million, and overseeing payroll fraud estimated at over Sh32 million.
Conducting an unlawful payroll audit, demoting over 1,000 staff in 2021 and 254 in 2024 without due process.
Interfering with CPSB operations by suspending its secretary without authority.
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