Machakos Deputy Governor Bernard Kiala Friday night survived attempts by his county government to impeach him, after the Senate rejected a report by the special committee investigating allegations leveled against him.
A total of 17 Senators voted to retain the Deputy Governor while five supported his impeachment. The vote was almost put off after Senate Speaker Ekwe Ethuro declared that there was no quorum but the 15 Senators present in the House at 9pm demanded that the voting proceeds. The House then took a one hour break to allow Jubilee to whip its members back to take part in the vote that was concluded shortly after 11pm.
Before the vote Senators engaged in a heated debate as they discussed the report recommending Mr Kiala's removal from office.
Ten out of 11 members of a special committee that investigated Kiala’s conduct found him guilty of the accusations and recommended his impeachment.
They concluded that Mr Kiala be impeached on alleged grounds of gross violation of the National Cohesion and Integration Act and abuse of office.
Mombasa Senator Hassan Omar Hassan, who was the dissenting member of the committee, argued that the accusations against Mr Kiala did not meet the threshold for impeachment.
Mr Hassan, whose minority view was appended in the committee’s final report, argued that the impeachment proceedings were premature as other avenues for resolving the matter had not been exhausted.
Dismissing the allegations as trivial, Mr Hassan said out of the 24 accusations against the deputy governor, only three could be substantiated.
Senate Minority Leader, Moses Wetang’ula also opposed the report, saying that the Senate committee had no authority to try Mr Kiala on allegations of hate speech, since such matters should be left to relevant authorities including the courts.
“The committee is an agent of the House and doesn’t bind the House. The Senate will be failing if we rubber-stamp this mischief,” he said.
Elgeyo Marakwet Senator Kipchumba Murkomen, who chairs the Senate Devolution Committee, echoed Mr Wetangula’s sentiments saying that the proceedings were a trial for the Senate.
“Let us sit down and think through this, we must make a decision that will make the whole House to move together. As Senate we should remain mature enough to make a decision that will not put this House in disrepute,” he cautioned.
Nominated Senator Agnes Zani who also opposed the motion, said it lacked proper grounds for his impeachment. Opposing arguments also came from Homa Bay Senator Otieno Kajwang’ and his Kisumu counterpart Anyang’ Nyong’o, who said no sufficient evidence had been provided to back the allegations.
However, Kiambu Senator Kimani wa Matangi supported Mr Kiala’s sacking arguing that seven out of the 11 members of the Senate who recommended impeachment could not have erred.
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