The Meru County Assembly yesterday vigorously defended its impeachment of Governor Kawira Mwangaza, asking the Senate to save the county government from turning into another “unmitigated disaster”.
Appearing before the Senate special committee investigating the proposed removal from office of the embattled governor, the assembly said the county is under siege and could soon sink into a crisis should the Senate look the other way.
Through lead counsel Muthomi Thiankolu, the MCAs – while presenting evidence – argued that their move to remove the governor from office through impeachment was a way of correcting “unintended consequences of democracy”.
Dr Thiankolu defended the assertion, saying the governor committed 62 violations of the Constitution and other laws contained in the five charges she is facing between September 6 and November 9, translating to at least a violation each day.
To correct the problem, he said, the 67 MCAs voted to impeach her as provided for in Article 181 of the Constitution as read with other standing orders as a solution to the going concern.
The charges against the governor include nepotism, illegal appointment, unlawful dismissals and usurpation of the Constitution and statutory functions of county organs including appointment of her husband, Mr Murega Baichu, to county offices, and other roadside appointments.
There is also incitement, bullying, vilification and misleading campaigns against other leaders; forcible entry into the assembly precincts and mobilisation of unlawful riots against MCAs; violation of public finance management laws and misconduct relating to nomination of county executive committee members.
“Do we let everyone in this boat capsize or do we sacrifice that one person who is the cause of the storm? We urge the Senate to jettison that one person because it is the right thing to do, much as it pains,” said Dr Thiankolu.
“Unless you help Meru County to tame this untamed leader, who is at war with everyone, real or imagined, we are headed for an unmitigated disaster,” he added.
The counsel implored the 11-member committee led by Kakamega Senator Boni Khalwale to agree with the MCAs and not turn a blind eye to their charges on grounds that it is too early in the day or the offender is a woman.
He said that there is no provision in the Constitution that gives governors temporary immunity or a blank cheque to commit all manner of impunity.
“Impeachment is not counter-democratic or an attempt by MCAs to reverse the will of the people. It is a constitutionally-ordained mechanism for dealing with leaders like the one we have brought before you,” said Dr Thiankolu.
He further asked the committee not to fall in the trap of gender or the fact that she was elected on an independent ticket being used as factors behind her woes.
“All the problems cannot be because she is a woman. How come all women MCAs voted to impeach her? She is an independent governor, but how come independent MCAs also vote to impeach her without exception?” he asked.
However, the governor, through her lawyer Elias Mutuma, said she is under “persecution” and the impeachment is being used to settle political scores. He said she is a victim of blackmail and an easy target because she is an independent governor.
Mr Mutuma claimed MCAs have been coerced to vote in favour of the impeachment motion with some de-whipped for standing against the scheme.
“We wish to state that the governor has never asked to be excused from any wrongdoing just on the basis that she is a woman. All she wants is a fair process devoid of political undertones,” he pleaded.
“We will demonstrate that the governor is a true hero of devolution standing against capture by the MCAs who are using the impeachment as a political weapon and not an oversight tool.”
Mr Mutuma said Meru voters have total confidence in the governor and that is why they rose above parochial culture and party politics to elect her as their first woman governor, after she served them as their woman representative.
Her election is a clear demonstration that she is a leader who has appealed to the people, owing to her leadership credentials, he added. He said the censure motion was the personal interest of a few at the expense of the majority and it did not meet the threshold as required by the law.
Further, he claimed that a “purported” public participation was a sham because the mover of the motion usurped the process and gave his views as those of the people, claiming that some of the memoranda were “copy and paste”.
Mr Mutuma said the governor offered an olive branch to the MCAs by trying to strike a collaborative working relationship, barring her husband from making any public appearance during county functions since October 26 and also calling for dialogue, which was shunned by the ward representatives.
He urged the Senate to find the allegations unsubstantiated because the process did not comply with the law.
