Embattled Meru governor Kawira Mwangaza is set to appear before the Senate for the third time to defend herself against impeachment charges.
This comes after Senators today rejected a proposal seeking the formation of a special committee to investigate the allegations against Mwangaza.
Mwangaza’s impeachment case will be heard at the Senate plenary on Monday and Tuesday next week.
“The majority leader moved the motion at order no.8 of the establishment of a special committee to investigate the proposed removal from office by impeachment of Kawira Mwangaza. The motion has been negative.” Senate Speaker Amason Kingi said.
Governor Mwangaza was impeached over alleged gross violation of the constitution and other laws, gross misconduct and abuse of office.
“The motion having been negatived, the route of a special committee is abandoned and that now implies that the Senate will investigate the proposed removal from office by impeachment of Hon. Kawira Mwangaza in plenary pursuant to Section 33 (3a) of the County Governments Act and Standing Order 80.” Kingi added.
49 out 69 Members of the County Assembly (MCAs) voted in favour of the motion, 17 opposed while three abstained.
During the voting, most senators underscored the sensitivity of Mwangaza’s case saying that the plenary would allow Kenyans and the Meru people to follow up on the case in real time.
In the motion moved by Majority Leader Aaron Cheruiyot, the proposers wanted the matter referred to the Special Committee arguing that being the third impeachment motion against Mwangaza, the committee would be most effective in cross-examining the parties involved.
“The situation of Meru is a very complex one and requires serious thinking because we don’t want to make a decision and then we are told to deal with the same. There may be instances where we might need to look at provisions of Article 192 of the Constitution; whether to suspend the county and send everyone home or not. That can be done executively in a committee, in a report which can be sent to the president for action.” Vihiga Senator Godfrey Osotsi said.
“I know the plenary way is more popular but the most effective one in this circumstance is the committee way. I want to ask members to support the members so that we deal with this problem once and for all.”
Nairobi Senator Edwin Sifuna had also seconded the motion stating that “In my view, then Committee way is a far superior way of interrogating these issues than the plenary manner. The Senate is on recess and it is not fair to drag the entire Senate to sit here just to listen to these allegations.”
Following the House decision, the Speaker directed the Senate Clerk to issue invitations for appearance to the parties on Wednesday after which the parties would then be required to file the responses with the office of the Clerk of the Senate before Saturday 5 pm.
The clerk will then circulate documents received by parties to senators before Sunday 5 pm after which the Senate will commence hearing on Monday.
Mwangaza was impeached last week by the county assembly for the third time, with 49 MCAs voting for her ouster.
During the voting on Thursday, three MCAs did not vote, while 17 others voted against the impeachment motion moved by Zipporah Kinya–the Deputy majority leader.
She cited three grounds, including Gross violation of the constitution and other laws, gross misconduct, and abuse of office.