In a lightning move, the Speaker of the Senate Kenneth Lusaka yesterday gazetted the impeachment and removal from office of Kiambu Governor Ferdinand Waititu Babayao hours after the House passed a motion to that effect.
The gazetting also cleared for another equally swift move — the swearing-in of Kiambu Deputy Governor James Nyoro.
High Court Judge John Onyiego is expected to swear in Mr Nyoro as the third Kiambu governor anytime from now.
According to the gazette notice, Waititu was found guilty of:
- Gross violation of the Constitution of Kenya, the County Government Act, the Public Finance Management Act and the Public Procurement and Disposal Act.
- Crimes under the National law
- Abuse of Office/Gross Misconduct.
According to lawyers we spoke to, the governor can seek the reversal of the impeachment all the way to the Supreme Court.
Embu Governor Martin Wambora who was impeached in similar fashion was shielded by court orders.
The Senate’s impeachment of Mr Wambora was overturned by the Court of Appeal that ruled there was no clear evidence that the governor acted in gross violation of the Constitution.
How Babayao went home
The two-day trial and eventual impeachment of Waititu was a double blow for the governor who had been barred from accessing his office following a court order in a corruption case.
Pro-handshake senators ganged up to uphold all the three charges tabled against him.
This is as the differences between the waring Jubilee factions Kieleweke group that is linked to President Uhuru Kenyatta and the Tanga Tanga brigade associated with Deputy President William Ruto played out in the floor of the House.
The Tanga group spiritedly tried to save Waititu from sinking into political ruin, arguing that the Kiambu Assembly did not meet the two-thirds majority.
They accused their colleagues of playing to political alignment and that Governor Waititu was being impeached because of his political stand.
In the first charge of violating the Constitution, 27 senators voted to impeach the governor and 12 voted to rescue him; in the second charge of violating national laws, 28 against 11 voted for the ouster and in the third charge of abuse of office it was 28 verses 11.
At the end of the day, 28 senators voted to end Waititu’s 27-month long reign as the governor of the largest county by population.
How they voted according to the Hansard
For Impeachment
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
George Khaniri -Vihiga
Against
Samson Cherargei – Nandi
Aaron Cheruiyot – Kericho
Hargura Godana – Marsabit
Susan Kihika – Nakuru
Andrew Langat – Bomet
Mithika Linturi – Meru
Anwar Loitiptip – Lamu
Kipchumba Murkomen – Elgeyo Marakwet
Kinyua Nderitu – Laikipia
Mary Yone – Nominated
Moses Wetang’ula – Bungoma
Those who did not vote
Isaac Mwaura – Nominated
Beth Mugo – Nominated
Halakhe Abshiro – Nominated
Rose Nyamunga – Nominated
Gertrude Musuruve – Nominated
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