Senate to hold special sitting to deliberate Governor Waititu impeachment

The Senate will on Monday, January 21, 2020 hold a special sitting to deliberate the impeachment of embattled Kiambu Governor Ferdinand Waititu.

Waititu was on December 19, 2019, ousted over alleged gross misconduct and abuse of office after 63 Members of Kiambu County Assembly voted in support of the motion.

Speaking during a press conference on Monday, Senate Majority Leader Kipchumba Murkomen said the impeachment occurred during recess hence there was no legal backing to recall the House to deliberate the issue.

Murkomen, who doubles up as the Elgeyo Marakwet Senator, added that a decision will also be made on whether a special committee will be formed to listen to the impeachment or if the whole House will be involved in the process.

“Since we were on recess we agreed that we will revisit as soon as we finish the holiday…I have received 15 signatures required to convene a special sitting,” he said.

“The House has been notified that we shall have a special sitting on 21st this month to consider the impeachment of the Kiambu Governor.”

Ndenderu MCA Solomon Kinuthia, in his motion for impeachment, accused the county boss of contravening the public procurement and disposal act by allegedly influencing the award of lucrative tenders to companies associated with his immediate family and close relatives.

Kinuthia also alleged that Waititu hired over 600 casuals without the involvement of the County Public Service Board before later firing them; thereby exposing the county to risk of multiple suits and loss of public funds.

Only one MCA voted against the motion while 28 were absent, thus, the motion met the required two-thirds majority threshold.

Waititu later on, in a letter to Senate Speaker Ken Lusaka, contested his impeachment claiming it was unprocedural, adding that there was no quorum in the assembly.

He argued that the motion to impeach him was first tabled in the Assembly on December 3, 2019 and passed on December 19; hence it was outside the purview of the statutory period of 14 days.

“From the commencement, the Assembly did not have the requisite statutory quorum at any particular time, for reason that the sum number of the Members of the Assembly is 92, thus statutory quorum required under Section 33(2) of the County Governments Act to pass such a special motion is 92,” read the letter.

The governor further states that the MCAs in attendance were only 57, adding that 30 others were in Lake Bogoria lodge, 3 in Dubai on official duties and 2 absent.

“We are reliably informed that, in a bid to cover up the foresaid illegalities relating to the two thirds quorum, the Speaker of the Assembly is in the process of doctoring and falsifying the Assembly’s records relating to the CCTV footage, the Hansards, and the biometric logs captured,” added the letter.