The fate of besieged Meru Governor Kawira Mwangaza now lies with the Senate plenary after Kenya Kwanza senators rejected the special committee route on Tuesday evening.
The development comes after Senate Speaker Amason Kingi laid bare the charges and particulars leveled against the county boss, setting the stage for a trial of the first term governor, for the second time in 10 months.
Legislators allied to President William Ruto shot down a motion to establish an 11-member special committee to hear and determine the charges levelled against her. Kenya Kwanza senators were rooting for the plenary while Azimio supported the establishment of the special committee.
Senate Minority Whip and Narok Senator Ledama Olekina, while moving the motion, rallied the House to back the committee route. He argued that the only way to give the people of Meru and the governor an opportunity to get justice as it is more thorough.
“I don’t care how people will vote but I want to persuade you that a committee route will give you and myself an opportunity to read a report already investigated by the committee. I am happy to propose the committee way because they will go through the documents and give us their findings and recommendations,” said Mr Olekina.
Senator Olekina even went ahead to propose senators Abdi Haji (Garissa), Boni Khalwale (Kakamega), Jackson Mandago (Uasin Gishu), Peris Tobiko (nominated) and Crystal Asige (nominated) as well as Enoch Wambua (Kitui), Esther Okenyuri (nominated), Karungó Thang’wa (Kiambu), Shakila Abdalla (nominated), Ali Roba (Mandera) and Okiya Omtatah (Busia) to be part of the committee.
Nairobi Senator Edwin Sifuna, while supporting the motion, said the committee way presents an opportunity for nominated colleagues to have a say in the impeachment process while in the plenary way, only the heads of delegation will vote.
“I want to beg this House not to join the cacophony of noise going on and reach a decision that will be in the best interest of Meru people. The committee will do a proper analysis of the facts and interrogate the evidence,” said the Senate deputy minority whip.
However, Kenya Kwanza counterparts opposed the motion with Senate Majority Leader Aaron Cheruiyot leading calls to go the plenary route.
“There is no method that is better than the other and anybody trying to peddle such an argument is misleading the House. Both processes are fair, sound, have good legal basis and deliver the best results,” said the Kericho Senator.
In his communication to the House, Speaker Kingi read out the seven charges leveled against Governor Mwangaza, setting the stage for a 10-day trial process.
The first charge facing Ms Mwangaza is alleged misappropriation and misuse of county resources, nepotism and related unethical practices, bullying, vilification and demeaning other leaders.
She also faces accusations of illegal appointments and usurpation of statutory powers, contempt of Court, illegally naming a public road after husband and contempt of the Assembly. In particular, MCAs claim that the independent governor embezzled county funds through her relatives and withdrew county funds through false claims of payment for supplies and services.
They further alleged that the governor paid "full salaries and benefits" for over a year to four high-ranking county officials despite not rendering any services.
On the charge of nepotism, the MCAs claimed that Ms Mwangaza fraudulently represented unqualified relatives as a “technical team” for medical equipment inspection in China.
They also claimed that the governor employed one Edwin Mutuma Murangiri, a nephew to her husband, in key County positions, and designated her brother-in-law, Nephat Kinyua, as Director of External Linkages without transparent and competitive recruitment.
