NAIROBI, Kenya, Jan 29 – Senators were on Wednesday set to vote on whether the impeachment of Kiambu Governor Ferdinand Waititu by MCAs should proceed after the plenary hearings which kicked off on Tuesday.
If the Senators agree to proceed with the impeachment hearings, Waititu will given a chance to defend himself and even call witnesses to help him fight off the impeachment by MCAs who want him kicked out over several charges, including abuse of office, contravention of public finance management act.
Waititu’s defense team led by lawyers Mbugua Ng’ang’a will also prosecute two preliminary objections to charges leveled against him, which they termed as non-procedural as the move by the MCAs had fallen short of constitutional requirements.
Ndenderu Ward Representative Solomon Kinuthia who moved the impeachment motion in the County Assembly was at pains to prove that Governor Waititu had indeed committed impeachable offences.
The Governor has denied all charges leveled against him by the Kiambu County Assembly MCAs.
The embattled governor who appeared before the Senate in person entered a “not guilty plea” as the Senate began its two-day special sitting to investigate the validity of the charges that led to his impeachment by the Kiambu County Assembly on December 19.
63 MCAs voted in support of Ndenderu MCA Solomon Kinuthia motion which accused Waititu of abetting corruption, direct conflict of interest, with the governor’s family accused of doing business with the county, and over-budgeting in the roads department for kick-backs
Senate Speaker Ken Lusaka gave guidelines that allow Senators to make an informed decision when it votes on whether to impeach or not impeachment.
The County Assembly through it lawyer Nani Mungai said the cases is not based to criminal liability and to show political responsibility on the conduct of the Governor.
He noted that the Governor has not disputed any of the allegations leveled against him.
The Senate will be hearing the matter in plenary after the senators last week rejected a motion to establish an 11-member special committee to substantiate the allegations leveled against the governor by the Kiambu County Assembly.
The Governor was ousted by 63 Kiambu MCAs who cited three grounds.
They accused him of corruption, gross misconduct, and gross violation of the Constitution, the County Government Act and the Public Finance Management Act and alleged abuse of office.
Waititu, his wife Susan Wangari and some of the officials in his administration were charged late last year with corruption-related offences.
They are out on bond but the court barred Waititu from accessing his office until the case is heard and determined.
Twenty-four of the 47 county senate representatives, commonly known as “delegation” are required under the law to uphold the impeachment proceedings, effectively sending the governor parking.
