Governor Ferdinand Waititu Ndung`u of Kiambu County impeached on the 29th of January 2020. This happened after the senate voted to remove the governor from the office. The senate, however, came to this decision after finding governor Waititu guilty of three charges against him. The senate speaker Mr. Lusaka, in addition, said three charges presented against the governor. These charges included: abuse of office, gross misconduct, and engaging in corruption.
Governor Waititu’s Case at the Kiambu County Assembly
Firstly, Kiambu County assembly deliberated Governor Waititu`s case . Speaker Stephen Ndichu chaired this debate. MCAs debated on a motion moved by Ndenderu Member of County Assembly (MCA) Solomon Kinuthia. Mr. Kinuthia presented cases of conflict of interest by the governor, gross misconduct, and abuse of office. A total off 63 out of 92 MCAs voted in support of the motion moved by MCA Solomon Kinuthia. This significant support, therefore, leads to the reaching of a two-thirds majority limit required to impeach a governor.
Governor Waititu’s case at the senate
Passing on of the impeachment decision to the senate is undertaken within three days. The Kiambu County speaker, Mr. Stephen, passed on the outcomes of the sitting to the senate speaker. The senate speaker Mr. Lusaka called for a special meeting by senators. Senators, therefore, were notified of the accusations facing the governor. A committee formed by the senate investigated the charges. The presentation of the results of the investigations to the house was done within fourteen days.
Senators of the house then decide to either support or oppose the accusations of the county assembly. Achievement of a vote of a simple majority by the senate leads to the impeachment of a governor. Once this vote of simple majority occurs then, the governor ceases to be governor. The law stipulates that the governor’s deputy takes over for the rest of the term.
On Wednesday the 29th, the day of the governor’s impeachment hearing, a total of 38 senators were present in the house. Some 28 governors deemed the governor guilty of all three crimes tabled against him by the county assembly. These 28 senators mostly voted to kick out Mr. Waititu as Kiambu County governor. In addition, the senate speaker stated that the three charges against governor Waititu were: gross misconduct, conflict of interest, and abuse of office.
Charges Supporting Waititu’s Impeachment.
On the first charge of gross violation of the constitution of Kenya, 27 senators voted to impeach the governor while 12 voted against it. The second charge, of breaking national laws, a total of 28 senators voted for his impeachment, while 11 disagreed. On the third charge of gross misconduct by the governor, again, 28 senators voted for impeachment while 11 opposed.
MCA Solomon Kinuthia, who successfully moved the motion to impeach the governor in the county assembly, was a crucial witness in the Senate hearing. During Waititu`s hearing, senators were informed of how the governor influenced the award of county tenders to his wife and three daughters. Mr. Solomon Kinuthia accused the governor of misconduct, contrary to the Public Procurement and Disposal Act. He, therefore, stated that the governor violated these acts by awarding profitable tenders to organizations associated with his relatives.
In addition, Mr. Kinuthia accused the governor of conflict of interest. He states that Waititu awarded his wife, Susan Wangari Ndung`u, the tender for the construction of Kiambu matatu terminus. Despite Waititu,’s argument of wrongful impeachment, the senate, however, found him guilty of his charges. Mr. Ferdinand Waititu, the first governor found guilty by the senate in Kenya.
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