Senate to ignore court on Kibwana impeachment

October 15, 2014 2:46 pm
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Kibwana obtained the order last week but the Senate will go ahead with the debate after stating previously that its work cannot be impeded by the courts/FILE
Kibwana obtained the order last week but the Senate will go ahead with the debate after stating previously that its work cannot be impeded by the courts/FILE
NAIROBI, Kenya, Oct 15 – The Senate will next Tuesday go ahead and form an 11-member committee to investigate charges levelled against Makueni Governor Kivutha Kibwana despite a court order.

Kibwana obtained the order last week but the Senate will go ahead with the debate after stating previously that its work cannot be impeded by the courts.

Speaker Ekwe Ethuro told Capital FM News that the Senate would resume sittings Tuesday and formation of the committee would be among its top agenda.

This will be the Senate’s first assignment following its three-week recess which coincidentally was supposed to give it time to resolve the conflict in the Makueni and Isiolo County Assemblies.

But even before the committee charged with the responsibility of mediating the conflict could begin work, the Makueni County Assembly with a majority of 35 voted in favour of a motion proposing the impeachment of the Governor with only 10 voting against.

Owing to this, the committee on Devolved Government chaired by Elgeyo Marakwet Senator Kipchumba Murkomen was forced to suspend its probe on the matter since it could not conduct parallel investigations with the Senate.

The Murkomen-led committee intended to hold a three-day probe which was to start on October 14 where the Governor, the County Assembly Members, the Controller of Budget and the Public were to appear before it to give their side of the story.

The Senate has since called on the public to submit their views on the matter.

READ Don’t count me out yet, says Kibwana

According to Section 33 of the County Governments Act, once the office of the Speaker has been issued with impeachment documents, the Senate must within one week either hear the case to substantiate the accusations or form a committee to investigate the charges.

If the Senate finds the accusations levelled against Kibwana are unsubstantiated, there shall be no more proceedings and he shall remain in office.

If the Senate however substantiates the charges, the members will have to vote on the impeachment Kibwana.

If majority of the Senators vote to impeach Kibwana he shall cease to hold office.

Even as the Senate investigates the goings on in the Makueni County Assembly, Kibwana is in the process of collecting signatures to initiate the process of dissolving the county government.

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