Kisii DG Robert Monda in the soup as court ‘okays’ impeachment bid
The politics of Kisii County have taken an interesting twist after President William Ruto’s lawyer, Katwa Kigen, moved to court to defend Deputy Governor Robert Monda, who is facing impeachment.
But Mr Kigen suffered a major blow after the High Court in Kisii on Tuesday declined to issue orders stopping the impeachment. He is assisted by lawyer Wilkins Ochoki.
“No prejudice would be occasioned if this court doesn’t grant interim orders at this stage. I am not inclined to grant the interim orders at this stage and I say no more, as it may prejudice the outcome of the proceedings herein,” ruled Justice Teresa Odera.
Mr Kigen had moved to court on Monday with urgency, seeking to have the impeachment motion quashed based on eight grounds.
“I, Katwa Kigen, do certify that the application is of utmost urgency as the petitioner is at the peril of irreparable injury of being subjected to a process of impeachment,” averred Mr Kigen in the court papers.
Ichuni Ward Representative Wycliffe Siocha filed the motion of impeachment on February 21. He cited four grounds; gross violation of the constitution, abuse of office, gross misconduct and crimes under national law.
Dr Monda was instructed to appear before the House to defend himself tomorrow.
The Speaker and Clerk of the Kisii County Assembly and Mr Siocha are listed as the first, second and third responders.
Through Katwa and Kemboy Advocates, the lawyers said that the petitioner, Dr Monda, was within his right to contest the propriety of the legal process and procedure of the motion.
Mr Kigen opined that the impeachment process was “fatally defective” considering that the notice dated February 13, does not show on its face execution by one-third of the Members of the County Assembly duly verified, for the “notice” and “motion” for impeachment to be valid in law, contrary to Section 33 of the County Governments Act (2012) and Standing Order 60(1), 60(5) and 60(6).
The lawyer equally advanced that the notice was “fatally time-barred” by five days. He opined that both the notice and the motion lack particulars of the case as per the requirements of the law.
He also said that Dr Monda, if subjected to the impeachment process, would be denied the right to a fair hearing, fair administration and his legitimate expectation, in breach of articles 47 and 50 of the Constitution of Kenya (2010).
The petitioner was seeking court orders to bar the respondents, their deputies or their agents from presenting before an assembly session, for debate and resolution, the matter of Dr Monda’s impeachment as per the notice and motion already before it, until when the application is heard and determined.
The Assembly scheduled a public participation exercise over the matter of Dr Monda’s intended impeachment on February 26, 2024, the same day Mr Kigen moved to court to defend the DG.
Though public participation succeeded nearly in all wards, there were violent disruptions in parts of Nyaribari and Kitutu constituencies.
In Gesusu ward, for example, armed police officers guarded the venue and chased away members of the public. In Ibeno, goons accompanied by some MCAs supporting Dr Monda disrupted the proceedings.
In Monyerero Ward, violent goons attacked members of the public.
Mr Kigen poked holes into the exercise saying that it was out of time by three days.
“It means, it is time-barred and that the case the petitioner would need to respond to on February 29, is still mutilating and developing on matters made by the public, thereby making his defense impossible,” he averred.
Accompanying the petition is Dr Monda’s affidavit noting that he has always performed the functions of his office diligently, responsibly and transparently.
In one of the accusations facing the deputy county Chief Executive Officer, Mr Siocha revealed that the Gusii Water and Sanitation Company (Gwasco) advertised for various job vacancies in April 2023, and the Deputy Governor alerted one, Mr Dennis Mokaya’s father that he could secure his son a job upon paying a bribe of Sh 800,000, only upon his shortlisting and being interviewed for the post.
Mr Siocha went on to explain that the Deputy Governor used his office to improperly confer a benefit to himself when he solicited a sum of Sh 800,000 from Mr Mokaya and his family in the pretext of securing him a job for the said post of a commercial manager of Gwasco, an entity of Kisii County Government.
“The Deputy Governor in an attempt to influence the award of a contract of employment to Mr Mokaya, sent via M-Pesa Sh100,000 to the Gwasco Managing Director to influence her to employ the said person which request was not acceded to and the money was returned via M-Pesa,” said Mr Siocha.
“The Deputy Governor’s actions of requesting and receiving a bribe is meant to compromise the integrity of the recruitment institution of GWASCO and the same is driven by nepotism, favouritism, improper and ulterior motives and for corrupt purposes in complete disregard of the constitution,” said Mr Siocha while tabling the impeachment motion.
But Dr Monda submitted in his affidavit, “On the substantive allegation, I deny any accusation against me. These allegations are entirely without merit and are founded on misinformation.”
Dr Monda was elected alongside his boss Governor Simba Arati on a joint ticket of the Orange Democratic Movement (ODM) party.
But he recently hosted some of his boss’s bluntest critics at his home. He has since been seen with the Arati’s critics, including Education CS Ezekiel Machogu.
Others are National Assembly Majority Whip and South Mugirango MP Silvanus Osoro, Kisii County Woman Rep Donya Aburi and Kisii County Senator Richard Onyonka.
Sources indicate that his boss, Mr Arati, has in the recent past been at loggerheads with the MCAs for initiating the impeachment process without his knowledge.
A source told the Nation that the MCAs were reprimanded by Mr Arati on the day they tabled a notice of impeachment notice in the Assembly.
The MCAs have publicly told the Kisii governor to keep off the impeachment and allow them to do their work independently.
With President Ruto’s invisible hand already detected in the Kisii political battle, the determination to have Dr Monda impeached is headed right into a cul-de-sac.
This, considering that even if the court petition fails, and the County Assembly impeaches him successfully, then the Senate may still rescue him. President Ruto has the majority of members in the Senate.
Last year, Siaya County Deputy Governor Dr William Oduol was rescued by the Kenya Kwanza senators following an initial successful impeachment by the MCAs of the Siaya County Assembly.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.