Impeachment hearings against Wambora start

A special committee of the Senate started impeachment hearings against embattled Embu Governor Martin Nyagah Wambora and his deputy Dorothy Nditi, in disregard of a court order, on Monday.

Mr Wambora appeared before the Boni Khalwale-led committee alongside two lawyers.

Mr Wilfred Nyamu, the lead counsel for Mr Wambora, said his client had respected the committee’s invitation despite a court order against the proceedings.

“My client is here in spite of a court order restraining him. He has come in the interest of justice and we want to assist this committee find the truth,” Mr Nyamu said.

But Dr Khalwale cut him short stating that the committee did not summon the governor but invited him.

“It’s good that you have raised this matter at this point because if you read the letter from the clerk, it is an invitation and not summons,” Dr Khalwale said.

The proceedings were marred by procedural and legal technicalities as counsels for Mr Wambora, the County Assembly of Embu and the committee engaged in arguments in the morning.

The clerk of the Senate, Mr Jeremiah Nyegenye, read out the charges which included violation of the Constitution, the Public Procurement and Disposal Act, the Public Finance Management Act and abuse of office.

READ: Governors plan Supreme Court petition over Embu ouster

Mr Wambora is accused of violating Article 227 and 232 of the Constitution. Mr Nyegenye said the governor was accused of violating section 166 of the Public Finance Management Act (PFM) by not providing quarterly reports from the county Treasury to the county assembly as required. The governor is also accused of failing to hire tender committees for procurement of county contracts against section 121 of the PFM Act.

He is also alleged to have violated the County Government Act by not presenting names of appointed officials for approval by the assembly.

Mr Wambora is accused of authorising the use of county seals by unauthorised officials.

Embu county assembly members impeached Mr Wambora in January alongside his deputy for alleged violation of the Constitution and abuse of office. He is accused of misuse of public funds in the renovation of Moi Stadium in Embu at a cost of Sh100 million.

The assembly’s lawyer Charles Njenga said procurement in the county of Embu had been done without tender committees.

“Rule seven of the county assembly regulations states that county executives should establish standing committees including for tenders,” Mr Njenga said.

He said that all members of the tender committee must be appointed in writing by the chief secretary of the county.

“The county service board has no role in the appointment of members of the county assembly. This is purely an executive function,” he said.

Attempts by Mr Nyamu to block the assembly from prosecuting its case failed when he was overruled by Dr Khalwale.

Mr Nyamu said there would be a miscarriage of justice if the committee allowed the assembly to rely on unauthenticated documents.

The committee has 10 days to conclude its work and report to the House for action.