The Motion for the impeachment of the County Governor of Kitui is work of politics and settling of political scores by grandstanding political manderins . The motion is dogged with aloofness, vitriol, ambiguity, self-seeking statement and the entire motion doesn’t meet the minimum threshold of an impeachment based on the following legal observations:
- On the question of failure by the Governor to respond to summons by the Senate are laughable as the County Assembly is arrogating itself responsibilities of the senate or otherwise the County Assembly of Kitui can be said to be supervising the Senate of the Republic of Kenya.
- On the question of the Stone Crasher, the County Assembly is ursurping the EACC and DCI who according to the PFM Act have investigation roles BUT not THE COUNTY ASSEMBLY OF KITUI
- On the question of failure to sack CECM Trade, Philip Mutinda Mumo, after impeachment of the said officer, he sought court injunction and conservatory orders maintaining the status quo before the impeachment was issued by a competent Court. So the County Assembly of Kitui are telling the Governor that she should have defied such court Orders and dine with the Assembly who ironically had vetted and approved the appointment of the said Officer
- On the question of failure by the Governor to constitute a CPSB, the COUNTY ASSEMBLY is on record rejecting names submitted to it by the Executive even after it’s Committee recommend approval and appointment of three of the NOMINEES
- On KRA issues, the KRA has not sued the Governor neither has it requsted the assistance of the County Assembly to collect REVENUE unless the County Assembly of Kitui has become an AGENT OF KRA
- On flouting PFM Act, the EACC and DCI is well seized of this matter to adjudicate but definitely not the County Assembly of Kitui
- On goons roughing up MCAs, the County Assembly should notice that it’s within the domain of the Kenya Police and not County Assembly of Kitui. The police should arrest and prosecute whom they feel is culpable of the offences committed thereof
- On the question of appointment of rhe County Secretary which they purport to be both unlawful and illegal, the County Assembly should the relevant statute laws on Secondment of officers from National Government to County Government. There was no illegality or illegiticy in the case of appointment of CS. The rest of the stuff raised by the CA to impeach the Governor of Kitui is just but HOT AIR.
These are fundamental elements of law to be determined by the SENATE and the entire process of impeachment will be trashed and embarrassment on the part of the Assembly will dictate their life til 2022.
By Boniface Muthiani
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