A majority of the county governors who have been impeached by their respective county assemblies preferred having their cases handled by a special committee of the Senate, as opposed to the plenary.
However, it is not for the county bosses to choose the justice channel to hear the allegations levelled against them, at least according to the law.
A governor who has survived an impeachment bid and who did not want to go on record, said a special committee presents one with more room to interrogate and articulate the issues raised against them as opposed to the plenary.
“The plenary has limited time and the rules are very stiff. Usually, the governor is subjected to cat calls and numerous points of order that oftentimes divert the attention from the issues at hand to, among others, personal matters,” the governor said.
Another governor who had his impeachment charges cleared by the Senate noted the ultimate decision on whether to have the matter heard by a committee or plenary lies with the House.
“Mine was quite complicated. The county assembly had raised a myriad of issues against me which could not be adequately considered at the plenary. That is the reason the Senate in its own wisdom chose the committee way,” the governor, who did not want to be quoted, said.
Section 33 (3) of the County Governments Act provides that within seven days after receiving notice of a resolution from the Speaker of the County Assembly, the Speaker of the Senate shall convene a meeting of the Senate to hear charges against the governor.
The Senate, by resolution, may appoint an 11-member special committee to investigate the matter.
Of the nine impeachment cases against county governors the Senate has handled since its inauguration in 2013, only two have been prosecuted at the plenary.
Six of these impeachments happened during the 11th Parliament while three have been under the current (12th) Parliament.
Mr Ferdinand Waititu (Kiambu), the only governor to lose his seat by impeachment, had his case heard at the plenary despite preferring a committee.
Those who had their cases heard by a special committee include Martin Wambora (Embu), Alfred Mutua (Machakos), Prof Paul Chepkwony (Kericho), Mwangi Wa Iria (Murang’a), Granton Samboja (Taita-Taveta) and Anne Waiguru (Kirinyaga).
Mr Wambora was impeached by the Senate twice but successfully petitioned the courts against the verdicts, earning himself the moniker “the county boss with nine lives”.
During the consideration of Mr Waititu’s impeachment, Nakuru Senator Susan Kihika complained that the plenary did not afford the former governor an opportunity to defend himself.
“No evidence was brought to the House as to whether the issue of quorum was ever addressed at the county assembly. It is our job to ensure that the process is properly handled, regardless of the outcome of the matter in the House,” Ms Kihika said.
The law provides that the 11-member special committee should investigate the matter and report to the Senate within 10 days on whether it finds the particulars of the allegations against the governor to have been substantiated.
At the special committee, the governor has the right to appear and be represented during its investigations.
If the special committee reports that the particulars of any allegation against the governor have not been substantiated, the matter ends there.
This means that further proceedings shall not be taken against the governor in respect of that allegation.
However, if the committee finds merit in the allegations, the Senate shall, after according the governor an opportunity to be heard, vote on the impeachment charges.
If a majority of all the members of the Senate vote to uphold any impeachment charge, the governor shall cease to hold office.
If a vote in the Senate fails to result in the removal of the governor, the Speaker of the Senate shall notify the Speaker of the respective County Assembly accordingly.
The law provides that the motion by the County Assembly for the removal of the governor on the same charges may only be reintroduced to the Senate after the expiry of three months from the date of the vote.
