Africa-Press – Kenya. Makueni governor Mutula Kilonzo now says the failed impeachment of ex-Kericho county boss Paul Chepkwony set a precedent in the trial of governors.
The county boss said the decisions made by the then Select Committee on the proposed impeachment of Chepkwony remains the reference point in the threshold of evidence.
“On matters impeachment, the precedent set by the Senate select committee during the trial of Governor Chepkwony remains the locus classicus on the threshold of impeachment and most importantly the standard of proof under Article 181 of the Constitution,” Mutula twitted.
The governor spoke as the Special Select Committee of the Senate retreated on Thursday to write its report on the proposed impeachment of Meru governor Kawira Mwangaza.
The House will convene on Friday for a Special Sitting to determine Mwangaza’s fate.
On matters impeachment, the precedent set by the Senate select committee during the trial of Governor Chepkwony remains the locus classicus on the threshold of impeachment and most importantly the standard of proof under Article 181 of the Constitution.
Mutula appears to suggest that while Mwangaza could have violated some legal provisions, the same may not meet the threshold set for the impeachment of a governor.
In 2014, Chepkwony who was serving his first term as governor survived an impeachment Motion against him.
The special Senate committee that was investigating him cleared him of all the three charges that had been brought forward by the Kericho County Assembly Members.
Although the committee found he had broken the law by irregularly signing agreements and breaching procurement procedures, it reached the conclusion that these acts did not meet the threshold of impeachment of a governor envisaged in the Constitution.
The 11-member team, chaired by then Kisii senator Chris Obure, faulted Chepkwony for contravening various sections of the supreme law, and reprimanded him for ‘poor judgment and lack of professional advice’.
The committee found that the governor had irregularly signed an agreement with a UK-based company, Blue Techs, for the supply of solar power to Kericho County and thereby violated procedures set out in the Public Private Partnerships Act 2013.
It also found that he violated the Public Procurement and Disposal Act by entering into an agreement for the supply of ambulances to the county without having any budgetary provisions for the item.
On the third charge of violating the County Government Act, the county chief was cited for illegally creating offices without the approval of the county public service board.
“By failing to observe these procedural requirements, the governor had exposed the county to potential risks and losses,” the team concluded.
However, the the blew hot and cold even as it cleared him. While letting the governor off the hook, it did not erase the possibility of him being committed to criminal and civil proceedings in future for any acts of omission and commission in the discharge of his responsibilities.
The Senate committee found that the three charges facing Chepkwony had not been substantiated, but went ahead to offer a stinging indictment on some of his actions that led to the impeachment Motion against him.
“The Governor had acted in a naïve and ignorant manner, oblivious of the legal regime governing public-private partnership. He rushed to enter into an MoU, thereby committing the county to a retinue of obligations and risks without giving attention to the relevant laws and processes and without consulting the people of Kericho County,” the report said.
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