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Waiguru Impeachment Motion

Kakamega senator Cleophas Malala is under fire after he claimed that Kirinyaga residents have no business to dictate how the senate should determine governor Anne Waiguru’s impeachment motion.

Malala who was speaking during a motion to determine whether Waiguru’s case should be heard by a committee or the whole senate.

He said that the senate cannot be controlled by a group of people sitting in a certain corner of the country deciding on how senators should conduct their business.

“The Senate is an independent organ, people of Kirinyaga County cannot therefore dictate how we transact,”he said.

Malala was referring to the recent demonstrations that have been witnessed in Kirinyaga, with the residents crying to the senate to hear the case as a plenary.

The residents went ahead to even call on President Kenyatta and ODM party leader Raila Odinga to help them get justice.

However, Elgeyo Marakwet senator Kipchumba Murkomen told off senator Malala, arguing that their powers belong to the people of the republic of Kenya.

Murkomen said that Malala was out of order to say that people of Kirinyaga should not decide on how the senate should transact its business.

Kenyans on Twitter however, put Malala under fire, blasting him for making such a statement.

Some argued that it was a disgrace of national magnitude if a whole senator can talk like that.

Here are some of the reactions from Kenyans on Twitter.

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As the Senate convenes today (Tuesday June 16) to discuss whether governor Anne Waiguru’s impeachment case should be heard by the whole senate or a committee, Waiguru hopes the senators who were rallied by President Uhuru Kenyatta and ODM leader Raila Odinga to kick out former Kiambu governor Ferdinard Waititu will rescue her.

On her sights are senators Reubenson Kibiru (Kirinyaga), Adan Fatuma (Isiolo), Mutula Kilonzo (Makueni), Kimani Wamatangi (Kiambu), Ephraim Maina (Nyeri), Ibrahim Ali (Wajir), Yusuf Haji (Garissa), Boy Issa Juma (Kwale), Mwadzayo Mwachirifu (Kilifi), Cleopas Malala (Kakamega), Okong’o Mogeni (Nyamira), Gideon Moi (Baringo), Boniface Mutinda (Machakos), Mwashushe Mwaruma (Taita), Mwinyi Faki (Mombasa), Moses Kajwang’ (Homa Bay), Njeru Ndwiga (Embu), Ledama Olekina (Narok), Samson Ongeri (Kisii), James Orengo (Siaya), Samuel Poghisio (West Pokot), Johnson Sakaja (Nairobi), Margaret Jepkoech (Uasin Gishu), Amos Wako (Busia), Enock Wambua (Kitui) and George Khaniri (Vihiga).

Others are Beth Mugo (Nominated), Abshiro Halake (Nominated), Isaac Mwaura (Nominated), Rose Nyamunga (Nominated) and Gertrude Musuruve (Nominated).

But when news reached Kirinyaga that Waiguru was lobbying Uhuru and Raila to whip about 28 senators to shoot down her ouster, the residents staged a demonstration to warn the President against trying to save the governor.

In a protest held in Kutus, the residents chanted “Waiguru must go!” as they carried placards scribbled “President Uhuru Kenyatta, we are ready to fight corruption in Kirinyaga”.

The traders, who abandoned their jobs temporarily, urged the Senate to uphold Waiguru’s impeachment by the County Assembly.

“Kindly help us seize corruption in Kirinyaga,” read another placard. “You were part of the NYS scandal, you’re also corrupt in Kirinyaga. Waiguru must go,” another one read.

According to sources, the demonstration was organised by MCAs who are being bankrolled by Interior Principal Secretary Karanja Kibicho, who is eyeing the gubernatorial seat in 2022.

Besides Kibicho, Waiguru’s other opponent is former Cabinet Minister Martha Karua, who she defeated in the gubernatorial race.

Karua filed a petition to oust her but it was thrown out by the courts, including the Supreme Court.

More pressure was piled on Waiguru after the Ethics and Anti-Corruption Commission (EACC) reiterated that they had initiated corruption investigations against her.

Speaking after the governor was ousted, EACC’s Central Region Head, Charles Rasugu said his officers will be seeking to establish whether there was a conflict of interest in the awarding of a Sh50 million tender by Waiguru.

Rusugu further stated that Sh10.6 million in travel allowances is also under investigation.

Insiders add that Jubilee Party Secretary-General Raphael Tuju has already engineered a scheme to save Waiguru from impeachment.

Tuju is pushing Senate Majority Chief Whip Irungu Kang’ata to form a special committee that would favour the Kirinyaga Governor during her impeachment hearing.

According to the Impeachment Procedure Bill, 2018, the removal of a Governor from office could involve the formation of a special committee under the directive of the Speaker of the House.

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An Orange Democratic Movement (ODM) senator has spoken tough ahead of today’s senate’s seating to determine Kirinyaga governor Anne Waiguru’s impeachment.

Taking to his official twitter account this morning, Narok senator Ledama Olekina said that the senators must and shall be guided by the constitution in determining the motion.

If not, Olekina says that the constitution should be then thrown away.

“We must and shall be guided by the constitution … if not then we might as well throw it away! Good day ahead!” he posted.

The senate is set to determine whether Waiguru’s impeachment case should be heard by a committee or the entire senate.

There have been speculations that the Raila Odinga led Orange party is set to save Waiguru from ouster.

However, Raila has hence denied holding a meeting with Waiguru over her impeachment.

Daily Nation Newspaper had on Sunday June 14 reported that Waiguru and Raila met on Thursday evening in efforts to help save her job, which is hanging by a thread after she was impeached by the county assembly last week and failed in her bid to block the move in court.

The local daily reported that Raila met Waiguru at an exclusive club in Karen, Nairobi, alongside a few aides, with the key agenda being whipping ODM and other “friendly” senators to defeat the motion against her.

It was further reported that Waiguru walked in a few minutes to 7pm accompanied by two aides. Then Kiambu Governor James Nyoro and his Nyeri counterpart Mutahi Kahiga joined her before Mr Odinga and a few of his trusted MPs arrived.

Raila has distanced himself from the said meeting. The former Prime Minister says that there does not exist any senate committee to investigate Waiguru’s impeachment and whose members from ODM he has instructed to save Waiguru as reported by the local daily.

Raila said that at the said hours of the meeting, he had a meeting with Laikipia women Representative Catherine Waruguru who was in the company of some Members of Parliament.

But contradicting Raila, Suna East MP Junet Mohamed on Sunday claimed that ODM was ready to save Waiguru since it supports women leadership.

Junet also said that there was no any problem if Raila meets Waiguru, arguing that they can meet as many times as they want since Raila is a national leader while Waiguru is an elected governor.

The Orange party’s director of elections further claimed that Waiguru had not committed any crime, and those pushing for her ouster are just against her leadership.

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The High Court has temporarily stopped an impeachment motion tabled against Kirinyaga County governor Anne Waiguru, pending petition determination.

The High Court was on April 6 expected to rule whether the Kirinyaga County Assembly will continue with its sittings.

MCAs Maureen Muthoni and Raphael Kariuki wanted the court to stop the sittings in bid to stop the spread the virus. The MCAs, through lawyer Steve Ogolla,argue that in the absence of urgent and exceptional business directly related to the Covid-19 pandemic, there is no rational justification for the assembly to resume sittings.

The county reps’ decision to move to court was informed by the action by the assembly speaker to recall them from recess to discuss the impeachment motion against governor Waiguru.

In the impeachment motion filed on Tuesday last week, the MCAs  accuse the governor of gross violation of the Constitution by among others not delivering the annual state of the county address to the assembly.

Muthoni and Kariuki argued that reconvening the assembly in the middle of the coronavirus crisis poses a real and imminent danger of new infections to the MCAs, staff and the public that interact in the assembly.

 Ogolla submitted before Justice Weldon Korir that the court should direct the speaker to ensure adequate arrangements have been put in place to protect the members, staff and public from coronavirus infection.

The two fear that reconvening the assembly in the middle of the coronavirus crisis poses a real and imminent danger of new infections.

 According to them, the assembly was adjourned on March 18 over the coronavirus situation in the country.

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There is an uproar among Members of County Assembly in Kirinyaga after the assembly’s Majority leader James Kamau Murango received a letter from Jubilee Party Secretary General Raphael Tuju, ousting him from his post.

It is said that Mr Murango received the ouster letter after he presented complaints about governor Anne Waiguru to Jubilee Headquarters in Pangani, Nairobi.

Kirinyaga MCAs who had on Thursday tabled Waiguru’s outer motion are now up in arms, expressing their disappointment in Jubilee.

In his dismissal letter, Tuju also notes that after complaints, the party found that apart from two issues of disbursement of funds for bursaries and women projects the rest of the issues raised by the MCA were personal.

Murango is also accused of being part of a cohort of mainly independent MCAs who addressed the mass media on notice of motion to impeach Waiguru.

‘It is no longer tenable for you to lead Government business in the county assembly, we find this behaviour of refusing to listen to the party headquarters to be gross misconduct as articulated in artcle 13 of the party constitution’ the letter said

Speaking on Thursday, Wamumu ward MCA John Bapstita Kanga and Tebere ward MCA Gudson Muchina said the Jubilee party has no power to dictate who is supposed to be majority leader in Kirinyaga.

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Kirinyaga County Governor Anne Waiguru has finally broken silence on her planned impeachment by a section of Kirinyaga MCAs.

The County Chief who spoke on Tuesday at her offices in Kutus said impeachment plans against her won’t succeed.

She said the MCAs’ priorities currently are misplaced, given the country is undergoing the COVID-19 crisis that requires the ward reps’ input more than where they have placed their energies on.

On Monday, a formal impeachment suggestion against Waiguru prepared by Mutira MCA, Kinyua Wangui, was received by County Assembly Speaker, Anthony Waweru Gathumbi. The removal plan will be formally filed on Wednesday, April 1.

However, Waiguru has noted that MCAs are fighting her over non-issues, instead of joining hands with her to serve Kirinyaga constituents.

The county boss said one of the biggest problems now facing Kirinyaga residents is the COVID-19 outbreak, which should be addressed urgently.

Waiguru is said to enjoy support from six MCAs, with 27 reported to be against her leadership.

The anti-governor MCAs say they will, on Wednesday, April 1, introduce a motion of no confidence against Waiguru.

They are accusing her of misappropriating public funds, flouting procurement procedures and undermining the County Assembly powers, among other issues.

Waiguru is also accused of solely making decisions likely to impact on the county government’s finances without involving the MCAs, contrary to Section 30 of the County Government Act 2012.

Waiguru is also accused of irregularly awarding County Government tenders to companies and persons she has a cordial relationship with.

One of the tenders that has resulted in the governor facing wrath from the MCAs is that of the upgrading of Kagumo Market. The tender was prepared on December 20, 2018.

The other tender that the MCAs claim was unprocedurally awarded was that of the acquisition of a Ksh15 million governor’s official car.

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