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Willis Otieno clashes with Makau Mutua over Sakaja’s impeachment
03rd September, 2025 07:04 PM
Lawyer Willis Otieno has taken issue with President William Ruto’s senior advisor on constitutional affairs, Professor Makau Mutua, over the debate surrounding the possible impeachment of Nairobi Governor Johnson Sakaja.
In a statement shared on his X account on Wednesday, September 3, 2025, Otieno dismissed Mutua’s argument that the impeachment calls were just political drama. He maintained that the process is clearly provided for in law and should not be reduced to political theatrics.
Otieno explained that Governor Sakaja was elected on a UDA ticket and, therefore, the matter should not be treated as an opposition-driven scheme. He emphasised that impeachment is a constitutional accountability tool under Article 181 and the County Governments Act, not a political weapon.
He further noted that trivialising the matter undermines the principle of separation of powers and the checks and balances provided for in the Constitution.
“Respectfully, Prof, Gov. Sakaja is a UDA governor, not an ODM governor. The impeachment framework under Article 181 of the Constitution and the County Governments Act is not a partisan tool, it is an accountability mechanism. To dismiss it as a ‘silly season’ misstep is to trivialise the separation of powers. Institutional checks and balances cannot be suspended to suit political moods. The rule of law is not seasonal, and political convenience is no defence against constitutional duty,” Otieno said.
Professor Mutua had earlier warned that attempts to remove the Nairobi governor would backfire on the Orange Democratic Movement (ODM). He described the move as politically risky and unnecessary.
“If you understand politics, you should know it’s a head-scratcher to impeach @SakajaJohnson. Given the matrix, such a gargantuan political blunder can’t happen, even in the citadel of the United States. It would be an own-goal by @TheODMparty in the midst of the silly season,” Mutua said.
Sakaja’s woes
The clash comes a day after Nairobi Members of County Assembly (MCAs) announced that they had agreed to suspend the planned impeachment. According to Makadara MP George Aladwa, the leaders reached a unanimous decision during a closed-door meeting on Tuesday, August 2, 2025.
“For the past few hours, we have had discussions where MCAs expressed their issues, and they were heard. With one voice, we agreed that the pending impeachment be postponed and dropped for now. We also agreed that the governor should continue with his work, engage constructively, and implement the corrections he has been asked to make in his leadership of Nairobi County,” Aladwa told the press.
The ODM Nairobi chair added that the talks created room for open dialogue, with all sides given a chance to air their views. He thanked ODM leader Raila Odinga for stepping in to mediate between the warring sides.
“I want to sincerely thank our party leader, Raila Odinga, for bringing us together. The MCAs have all agreed to this resolution,” Aladwa said.
