{"id":19306,"date":"2020-12-17T21:05:23","date_gmt":"2020-12-17T21:05:23","guid":{"rendered":"https:\/\/www.africa-press.com\/kenya\/?p=19306"},"modified":"2020-12-17T21:05:23","modified_gmt":"2020-12-17T21:05:23","slug":"nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly","status":"publish","type":"post","link":"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly","title":{"rendered":"Nairobi Governor Mike Sonko sent home after Senate upholds his impeachment by Nairobi County Assembly"},"content":{"rendered":"

AfricaPress-Kenya:<\/strong> Senators have voted to uphold the impeachment of Nairobi Governor Mike Sonko.<\/p>\n

The lawmakers voted on 11 charges related to gross violation of the constitution, abuse of office, gross misconduct and crimes under national law against the governor.<\/p>\n

In the first charge of gross violation of the constitution, 27 lawmakers voted YES while 16 voted NO. In the second charge of abuse of office 27 voted YES while 16 voted for NO. On the third charge of gross misconduct, 27 voted YES and 16 voted for NO. And, in the fourth charge of crimes under national law, 27 voted for YES and 16 NO.<\/p>\n

Makueni Senator Mutula Kilonzo Jr and his Nairobi counterpart Johnson Sakaja absconded the vote.<\/p>\n

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The senators fronted mixed arguments before pronouncing a verdict on Sonko\u2019s fate. Nominated Senator Isaac Mwaura concurred with the charges declaring that “Governor Sonko\u00a0should not have been voted to the office in the first place.”\u00a0\u00a0Mwaura said the evidence against the governor on abuse of office was satisfactory.<\/div>\n<\/div>\n

However, Senator Murkomen, who opposed the motion faulted the motive of the move arguing the trend would jeopardise devolution.<\/p>\n

\u201cThis house must rise to the occasion to defend devolution\u2026This house must rise to demonstrate that they have consistency\u2026 I beg to oppose.\u201d<\/p>\n

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Narok Senator Ledama Ole Kina fiercely defended Governor Sonko saying most of the charges were not adding up due to insufficient evidence. In this view, he said the motion lacked the merit.<\/p>\n

Nakuru Senator Susan Kihika argued that the tussle was about Governor Sonko and the Nairobi Metropolitan Services (NMS) which enjoyed the state-backing, hence, the governor should not be kicked out because of that.<\/p>\n

\u201cWe know that Governor Sonko is flamboyant and we want to force him to wear suits and signing papers to give kickbacks,\u201d Kihika said.<\/p>\n

As for Kitui Senator Enock Wambua, the assembly was merely impeaching the governor dancing ”parte after parte” song.<\/p>\n

Nairobi Senator Johnson Sakaja assumed a neutral ground albeit with a passionate appeal to save the Nairobi City by making a “judicious decision.”<\/p>\n

He said, \u201cI have resisted to gleefully dance on anybody\u2019s grave but to sympathise with people of Nairobi. In case this House doesn\u2019t impeach the governor, there is a need for reconciliation. Let\u2019s look at justice, truth and interest of people of Nairobi,\u201d<\/p>\n

Sonko\u00a0rebuttal<\/strong><\/p>\n

Sonko\u2019s defence team had mounted a robust case rubbishing the charges against the governor. In particular, lead counsel Harrison Kinyanjui questioned the assembly for failing to avail the proof of the 88 lawmakers who signed Sonko\u2019s ouster motion.<\/p>\n

This was after Elgeyo-Marakwet Senator Kipchumba Murkomen asked the\u00a0Nairobi County Assembly defence\u00a0team to account for the signatories of the motion, including those who participated virtually.<\/p>\n

\u201cAll that we are being told is that 88 people voted, who were they? Who voted? You don\u2019t have the threshold for this impeachment. It must fail,\u201d Kinyanjui said.<\/p>\n

The lawyer\u00a0averred that the mover of the motion, Minority Leader Michael Ogada, failed to show their House evidence of public participation as required in the impeachment procedure. He said that the process, therefore, failed the legal threshold and should be dismissed.<\/p>\n

\u201cThere was no public participation even in the ward of the mover of the impeachment motion. Can he be able to produce even one person who took part in the formation of the impeachment motion?\u201d he posed.<\/p>\n

He also argued that the assembly failed to prove that the governor flew his daughter to the US on taxpayers\u2019 money.<\/p>\n

\u201cWhere is the evidence that the governor\u2019s daughter was moving from this place to the next in the helicopter? None,\u201d he said.<\/p>\n

Before Kinyanjui rose for the moment,\u00a0two defence lawyers that also persuaded the lawmakers to vote against the ouster motion.<\/p>\n

Lawyer Wilfred Nyamu accused the assembly defying the court order that stopped the motion making the process illegal. He absolved Sonko of the blames on county fund mismanagement saying no annexures had been provided to show that the governor had contravened the public procurement act or any other law to that effect.<\/p>\n

Nyamu argued that the \u201cgovernor does not unilaterally decisions\u201d but sits with the county committee to execute such duties and therefore cannot bear the burden.<\/p>\n

He said, \u201cThey county assembly ought to have suspended the motion and obeyed the court order instead of proceeding.<\/p>\n

They have the power to summon the governor which they never did. And, impeachment should be the last resort\u2026This process was premature and the assembly and the mover of the motion did not explore all the available options.\u201d<\/p>\n

Another lawyer, Evans Ondieki told the House that the assembly failed to serve Sonko with the impeachment motion. He argued that the MCAs were being hypocritical when they said Sonko was barred from his office, while at the same time, they were claiming to have served him notice at his office.<\/p>\n

He argued that some of the charges failed to meet the threshold of impeachment. Earlier on,\u00a0Ndegwa Njiru, the Nairobi County Assembly\u2019s lead counsel, told the Senate that all standards had been met to ouster the governor.<\/p>\n

 <\/p>\n

County assembly arguments<\/strong><\/p>\n

The lawyer had taken the governor to task over the stalled Dandora Stadium project which is under investigation as a result of shoddy workmanship by the constructor.<\/p>\n

The Nairobi MCAs had accused the governor of failing the bar of leadership in the oversight of the utilisation of the resources of the county\u2014 a mandate bestowed on him by the Constitution.<\/p>\n

The lawyer submitted that the governor of Nairobi had turned a blind eye as the contractor breached the contract by sub-standard materials. The assembly held that the company was paid Sh196 million in the transaction but the governor maintained that only Sh80 million was paid.<\/p>\n

\u201cI believe wherever Catherine Ndereba is, wherever Kipchoge Keino is, those who are dead are indeed turning in their graves,\u201d Njiru said.<\/p>\n

But in his defence, Sonko replied that he had delegated the duty to his minister in charge of sports, hence the responsibility rested in another docket.<\/p>\n

Also, at the centre of the ouster trial was Sh297.5 million that the governor said was not lost. However, Narok Senator Ledama Ole Kina sought a clarification whether the money was wired back to the Central Bank of Kenya and was taken to the county development fund.<\/p>\n

MCAs had also accused Sonko of using inappropriate language against women to prove his inability to hold public office.<\/p>\n

Diverted payments<\/strong><\/p>\n

The governor also found himself in a tight spot after he was accused of using money meant for bursaries to pay lawyers.<\/p>\n

Evidence tabled by the assembly had it that the county paid Sh80 million on a Sh5 million invoice to a law firm and another Sh83 million to another.<\/p>\n

While the governor did not rebut the evidence, he maintained that the first law firm only received Sh4 million but he did not confirm or deny that the money came from the county.<\/p>\n

US trip<\/strong><\/p>\n

After being taken to task on Wednesday over a US trip where he was accused of flying his daughter and wife on a first-class flight at the taxpayers\u2019 expense Sonko responded: \u201cMy wife deposited personal cash. The trip was official and genuine because they were both parts of the government delegation confirmed by State House\u201d.<\/p>\n

Sonko objected to the accusations of breaching public trust by signing the Deed of Transfer of crucial county functions to the Nairobi Metropolitan Service while drunk as was averred by Nairobi County Assembly Minority Leader Michael Ogada on Wednesday.<\/p>\n

\u201cI was told that I am going to be helped and that we are going to work together with the president. I was not told that the General was going to take over the functions,\u201d Sonko responded.<\/p>\n

The governor accused assembly Minority Leader of being used to cause his downfall by moving the motion of impeachment. Sonko said the MCAs used proxy schools to pocket the taxpayers\u2019 money.<\/p>\n

He added: “I refused to release some CDF funds because some MCAs had opened fake educational institutions at River Road which was being run by their families and wives.”<\/p>\n

Sonko further said some cheques were drawn by the Nairobi County government but on investigating, they found that they were \u2018forged\u2019.<\/p>\n

\u201cEven before I came to office, money meant for poor children was withdrawn from proxies,\u201d he said adding that arrests had been made and suspects arraigned.<\/p>\n","protected":false},"excerpt":{"rendered":"

AfricaPress-Kenya: Senators have voted to uphold the impeachment of Nairobi Governor Mike Sonko. The lawmakers voted on 11 charges related to gross violation of the constitution, abuse of office, gross misconduct and crimes under national law against the governor. In the first charge of gross violation of the constitution, 27 lawmakers voted YES while 16 […]<\/p>\n","protected":false},"author":84,"featured_media":19295,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,8,12],"tags":[3786,394,626,663],"class_list":["post-19306","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-homepage-english","category-policy","tag-impeachment-motion","tag-mike-sonko","tag-nairobi-county","tag-senate"],"yoast_head":"\nNairobi Governor Mike Sonko sent home after Senate upholds his impeachment by Nairobi County Assembly - kenya<\/title>\n<meta name=\"description\" content=\"Senators have voted to uphold the impeachment of Nairobi Governor Mike Sonko.\u00a0The lawmakers voted on 11 charges\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Nairobi Governor Mike Sonko sent home after Senate upholds his impeachment by Nairobi County Assembly\" \/>\n<meta property=\"og:description\" content=\"Senators have voted to uphold the impeachment of Nairobi Governor Mike Sonko.\u00a0The lawmakers voted on 11 charges\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly\" \/>\n<meta property=\"og:site_name\" content=\"kenya\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/AfricaPressTunisiaa\" \/>\n<meta property=\"article:published_time\" content=\"2020-12-17T21:05:23+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/static.africa-press.net\/kenya\/sites\/28\/2020\/12\/its_over_for_sonk5fdbbee30a5a1.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"469\" \/>\n\t<meta property=\"og:image:height\" content=\"294\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"cfeditoren\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"cfeditoren\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"7 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly\"},\"author\":{\"name\":\"cfeditoren\",\"@id\":\"https:\/\/www.africa-press.net\/kenya\/#\/schema\/person\/068c7ab4e9634ae78ec5d54ec46598bb\"},\"headline\":\"Nairobi Governor Mike Sonko sent home after Senate upholds his impeachment by Nairobi County Assembly\",\"datePublished\":\"2020-12-17T21:05:23+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly\"},\"wordCount\":1424,\"commentCount\":0,\"image\":{\"@id\":\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly#primaryimage\"},\"thumbnailUrl\":\"https:\/\/static.africa-press.net\/kenya\/sites\/28\/2020\/12\/its_over_for_sonk5fdbbee30a5a1.jpg\",\"keywords\":[\"Impeachment motion\",\"Mike Sonko\",\"Nairobi County\",\"Senate\"],\"articleSection\":[\"all news\",\"homepage-english\",\"policy\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly\",\"url\":\"https:\/\/www.africa-press.net\/kenya\/policy\/nairobi-governor-mike-sonko-sent-home-after-senate-upholds-his-impeachment-by-nairobi-county-assembly\",\"name\":\"Nairobi Governor Mike Sonko sent home after Senate upholds his impeachment by Nairobi County Assembly - 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