Governor Mwangaza’s firing by MCAs: What next
The fate of embattled Meru governor Kawira Mwangaza now lies with the senate after Members of the County Assembly (MCAs) passed a vote of no confidence against her.
The Senate is now set to hold its special sitting next week to consider the ouster motion after speaker Amason Kingi received correspondents of the particulars against Mwangaza.
Kingi is expected to convene a meeting of the Senate to hear charges against the governor, the senate, by resolution, may appoint a special committee comprising eleven of its members to investigate the matter.
According to the correspondence by Meru county assembly speaker Ayub Solomon, the governor is accused by the Members of the County Assembly (MCAs) of gross violation of the constitution and subsidiary laws.
In Solomon’s letter to Kingi dated December 15, in which he conveys the assembly resolutions, he affirms the MCA’s decision to remove the county boss from office by way of impeachment.
“The purpose of the letter is to therefore inform you of the aforesaid resolution, and forward the schedule containing the bundle of documents/ records containing the evidence adduced, notes and records of the proceedings before the county assembly for reference and records,” reads the letter, also copied to the governor.
Enclosed in the correspondence, includes a check-list of 12 documents such as the approved notice of motion, Order Paper, certified Hansard reports of assembly sittings, the certified counterpart of a Form for verification of signatures to support the impeachment motion, certified copy of the Roll Call Vote on the motion and duly signed communication from the chair.
Additional details include a copy of a letter dated December 13 by Mutuma Gichuru & Associates advocates, copies of newspaper adverts for public participation of the notice of notion, ScanDisk Cruzer blade 16GB containing video evidence, public participation reports, minutes and attendance registration, 300 written/printed memoranda and Third Edition of the Standing Orders among others.
Way Forward
As per the constitution and the County Governments Act, the Senate Speaker should be in receipt of the impeachment three days after the assembly approves the motion.
In the case of Mwangaza, 67 out of the 69 MCAs backed her removal from office even as she attributed her woes to local politics.
Mwangaza has cried foul saying the MCAs are trying to hold her at ransom over the issue of ward fund and dragging her family along.
“My husband doesn’t participate in day to day running of the county government. He shouldn’t be vindicated for supporting her wife. Crucify me and leave my family out of this.”
The county chief recalled that her tribulations began when she trounced the self-proclaimed liberator of the Ameru community.
“From inception, the so-called cartels employed chaos, polarization, and scapegoating as a means to spoil my reputation. 115 days later, they have achieved their goal but the people and God in heaven are the final.”
“As to what transpired the last two months, I will not comment. The rest will be determined by the necessary organs within the republic,” she stated.
Article 181 of the constitution stipulates: “A county governor may be removed from office on grounds of gross violation of the Constitution or any other law, where there are serious reasons for believing that the county governor has committed a crime under national or international law, abuse of office or gross misconduct; or physical or mental incapacity to perform the functions of office of county governor.”
The county governments Act section 33 states, “The speaker of the county assembly shall inform the Speaker of the Senate of that resolution within two days.
The law provides that the governor shall continue to perform the functions of the office pending the outcome of the proceedings required by this section.
Senate is required to consider the impeachment motion within seven days after receiving notice of a resolution from the assembly.
The senate might settle on a special committee to investigate the matter and report to the Senate within ten days on whether it finds the particulars of the allegations against the governor to have been substantiated.
The governor shall have the right to appear and be represented before the special committee during its investigations.
If the committee reports that the particulars of any allegation against the governor, have not been substantiated, further proceedings shall not be taken in respect of that allegation; or have been substantiated, the Senate shall after according to 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 county assembly accordingly and the motion by the assembly for the removal of the governor on the same charges may only be re-introduced to the Senate on the expiry of three months from the date of such vote.
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