Committee it is for Waiguru impeachment, and not the full Senate: How the senators voted

The Senate on Tuesday, June 16 voted that Kirinyaga Governor Anne Waiguru faces an 11-member committee after she was impeached for abuse of office and gross misconduct on June 9 by Kirinyaga MCAs.

Forty five (45) senators voted in favour of the 11-member Committee to probe Waiguru, whereas 14 voted against the select team, Senate Speaker Kenneth Lusaka announced at 6:35pm Tuesday. One senator abstained from the vote.

The 11-member team comprises of senators: Abshiro Halake, Dr.Michael Mbito, Mwangi Paul Githiomi, Beth Mugo, Anuar Loitiptip, Philip Mpaayei, Cleophas Malalah, Beatrice Kwamboka, Stewart Madzayo, Judith Pareno and Moses Kajwang.

The motion to have Waiguru investigated by the Senate committee was moved by Nominated Senator Farhiya Ali Haji.

According to Farhiya, probing done by a select committee is more thorough than when an impeached governor is subjected to the plenary.

Kakamega Senator Cleophas Malala, who supported the motion said the 11 senators chosen to probe Waiguru have what it takes to give a fair ruling.

“We have honourbale members who are competent enough to interrogate the matter in a fair manner. Looking at the membership of the select committee, we have considered regional balance. We have the face of Kenya represented in this committee,” said Senator Malala.

Senate Minority Leader, James Orengo while supporting the motion, said “someone was after Waiguru’s head, and not the County Assembly of Kirinyaga as believed”.

Orengo’s remarks attracted criticism from Nakuru Senator Susan Kihika, who termed the Siaya senator’s sentiments as “nonsense”.

“Is it in order for the Leader of Minority to lecture on nonsense?” posed Kihika.

Elgeyo-Marakwet Senator Kipchumba Murkomen said Orengo’s remarks indicated that a predetermined decision to “sanitise” Waiguru had already been reached.

“If this select committee is going to sanitise Waiguru, we should be told the truth,” said Murkomen.

Orengo’s statements drew disarray in the House with most senators present in the chambers rising on a point of order, forcing Speaker Kenneth Lusaka to call for “decorum”.

“Honourable senators, the whole world is watching us. Let us conduct ourselves with decorum,” said Lusaka.

At the tail-end of the motion, after senators voted against extension of time to debate on whether the Waiguru-removal matter should go the committee way or not, Speaker Lusaka asked the mover of the motion, Farhiya Ali Haji, to address the House.

Farhiya, however, surrendered her minutes to the Majority Leader in the Senate Samuel Poghisio and his Minority counterpart, James Orengo.

In his address, Poghisio said: “A decision that will be made by the committee will represent the voice of the Senate.”

Some of the senators who voted in support of the committee include: Samuel Poghisio (West Pokot), Gideon Moi (Baringo), Moses Kajwang (Homa Bay), James Orengo (Siaya), Mutula Kilonzo (Makueni), Cleophas Malala (Kakamega), Ledama Olekina (Narok), Ochilo Ayacko (Migori), Rose Nyamunga (Nominated) among others.

The lawmakers, who opposed formation of a committee to investigate Waiguru include: Susan Kihika (Nakuru), Samson Cherargei (Nandi), Kipchumba Murkomen (Elgeyo-Marakwet), Mithika Linturi (Meru), Enoch Wambua (Kitui), Njeru Ndwiga (Embu), Charles Kibiru (Kirinyaga), among others.

The 11-member committee fronted by the Senate now has ten days to investigate abuse of office allegations against Governor Waiguru, and table a report before the Speaker and the Senate, which will, thereafter, rule on Waiguru’s fate.

According to Senate Standing Order 175, the impeachment ends at the committee level if it determines that the charges levelled against an impeached governor do not merit.

Governor Waiguru was last Tuesday (June 9) impeached for gross misconduct, violation of the Constitution of Kenya and abuse of office.

Twenty three (23) out of the 33-member County Assembly voted in favour of Governor Waiguru’s removal.

Four (4) MCAs abstained from voting, whereas six were absent from the House, said County Assembly Speaker Anthony Gathumbi.

A two-thirds vote composition (22) was needed to ensure Waiguru’s ouster bid succeeds.

The impeachment motion against Waiguru was tabled in the Kirinyaga County Assembly on March 31, 2020 by MCA for Mutira Ward, David Kinyua Wangui.

Wangui accused Waiguru of, among other wrongdoings, abuse of office, gross misconduct and violation of the Constitution of Kenya.

In the lead-up to the voting for Waiguru ouster, the Mutira ward rep enjoyed support of at least 24 out of the 33 MCAs in Kirinyaga County.

Wangui alleged that Waiguru deliberately failed to submit county plans and policies to the County Assembly for approval.

He further claimed that Waiguru intentionally failed to issue the State of the County Address, “thus undermining the County assembly’s authority”.

The county chief is also accused of irregularly awarding tenders and buying a county vehicle without tendering, claims which the governor has since denied.

In April 2020, Waiguru moved to the High Court in Nairobi and successfully obtained a legal order suspending the tabling of the impeachment motion against her.

Her subsequent return to the courts to have her impeachment declared null and void was, on June 11, dismissed by High Court judge Weldon Korir, who ruled that Kirinyaga MCAs did not flout any law, when impeaching the county boss.